1 Compliance with this Act
Definitions for regulated service, retail business unit, and wholesale/network business unit.
1 April, 1 July or 1 October.
1(1) Compliance with this Act
Includes other Acts and regulations for compliance
1(2) Compliance with this Act
Carriers must provide access to facilities for competitive purposes.
16 Simplified outline
17 Access to supplementary facilities
Carrier must provide access to facilities upon request.
17(1) Access to supplementary facilities
Second carrier may request access to facilities from first carrier under certain conditions.
17(2) Access to supplementary facilities
Access to facilities is conditional on meeting certain requirements
No obligation to comply with certain undertakings if it would have negative effects.
17(2A) Access to supplementary facilities
Right to access supplementary facilities under contract
17(2B) Access to supplementary facilities
Regard must be had to the question whether compliance with the request will promote the long-term interests of the standard carrier.
17(3) Access to supplementary facilities
Compliance with the request promotes the long-term interests.
Compliance with the request must occur within a reasonable timeframe.
The standard carrier licence conditions require consideration of long-term interests.
The request's impact on long-term interests is a factor in determining reasonableness.
The request's impact on long-term interests is relevant to determining reasonableness.
The standard carrier licence conditions include consideration of long-term interests.
Duty to consider the request's impact on long-term interests.
18 Terms and conditions of access
Carrier must comply with terms and conditions agreed upon or determined by an arbitrator.
18(1) Terms and conditions of access
Regulations may make provision for arbitration conduct.
18(2) Terms and conditions of access
The ACCC may be constituted by a single member or specified number of members for a particular arbitration.
18(3) Terms and conditions of access
May be constituted by a single member or specified number of members
Subclause (3) does not limit subclause (2)
18(4) Terms and conditions of access
No inconsistency with Ministerial pricing determination
18(5) Terms and conditions of access
Determination made in arbitration under this clause
Inconsistent determinations are prohibited
Ministerial pricing determination in force under clause 19
Arbitrator must not make a determination that would prevent compliance with an undertaking.
18(6) Terms and conditions of access
Determination would not be made before a final migration plan is in force.
Determination would be made after a final migration plan is in force.
Arbitrator must not make a determination.
Determination would not be made before the final migration plan is in force.
If an agreement is in force and in writing, the standard carrier licence conditions apply.
18(7) Terms and conditions of access
(b) the agreement is in writing; Schedule 1 Standard carrier licence conditions
Temporal relationship between agreements and standard carrier licence conditions
(a) an agreement mentioned in paragraph (1)(a) is in force
Negation of relationship between agreements and standard carrier licence conditions
Exhaustive relationship between agreements and standard carrier licence conditions
Inclusive relationship between agreements and standard carrier licence conditions
19 Ministerial pricing determinations
Minister may make a determination on price-related terms and conditions.
19(1) Ministerial pricing determinations
Defines price-related terms and conditions.
19(3) Ministerial pricing determinations
Includes the defined terms in the schedule.
Carriers must provide access to certain information.
20 Simplified outline
21 Access to network information
Carrier must provide access to network information
21(1) Access to network information
Provide reasonable access to operations support systems and traffic flow information upon request.
21(2) Access to network information
The first carrier must comply with subclause (2) unless certain conditions are met.
21(3) Access to network information
Temporal relationship between planning and compliance
a purpose of the access is to enable the second carrier to undertake planning, maintenance or reconfiguration of the second carrier’s telecommunications network
The first carrier must comply with subclause (2)
Temporal relationship between compliance and planning
Must provide network information upon request.
21(4) Access to network information
Obligation to provide network information.
No implication that clauses 22, 23, 24, 25 and 29 limit access to network information.
21(5) Access to network information
This clause overlaps with clauses 22, 23, 24, 25 and 29.
Clauses 22, 23, 24, 25 and 29 overlap with this clause.
Clauses 22, 23, 24, 25 and 29 do not limit this clause.
This clause is recognized by clauses 22, 23, 24, 25 and 29.
Clauses 22, 23, 24, 25 and 29 recognize this clause.
This clause does not imply a limitation by clauses 22, 23, 24, 25 and 29.
This clause is diffused by clauses 22, 23, 24, 25 and 29.
Clauses 22, 23, 24, 25 and 29 diffuse this clause.
This clause is the conjunction of clauses 22, 23, 24, 25 and 29.
Clauses 22, 23, 24, 25 and 29 are part of this clause.
22 Access to information in databases
Carrier must provide access to information in databases
22(1) Access to information in databases
First carrier must provide second carrier with access to information about telecommunications network treatment.
22(2) Access to information in databases
Second carrier's request for access is reasonable.
22(3) Access to information in databases
Access must be for planning, maintenance or reconfiguration.
(3) The first carrier is not required to comply with subclause (2)
Allows second carrier to plan, maintain or reconfigure network.
First carrier must provide information to second carrier upon request.
22(4) Access to information in databases
23 Access to network planning information
Carrier must provide access to network planning information
23(1) Access to network planning information
Provide telecommunications network planning information upon request.
23(2) Access to network planning information
Must provide network planning information
23(3) Access to network planning information
Relates to time period during which information must be provided
(3) The information is to include (but is not limited to) information relating to the following:
Information must be provided by the carrier
Second carrier may request access to network planning information if reasonable purpose.
23(4) Access to network planning information
Must provide network planning information to second carrier upon request.
23(5) Access to network planning information
24 Access to information about likely changes to network facilities—
Carrier must provide access to information about likely changes to network facilities.
24(1) Access to information about likely changes to network facilities—
Provide timely and detailed information about likely changes to facilities on a telecommunications network.
24(2) Access to information about likely changes to network facilities—
Second carrier may request first carrier to comply with subclause (2) if planning for own network is involved.
24(3) Access to information about likely changes to network facilities—
Compliance with subclause (2) may occur during planning for own network
The second carrier's request is reasonable
Compliance with subclause (2) may occur if the second carrier is reasonable
Request for compliance with subclause (2) implies that the second carrier is reasonable
Request for compliance with subclause (2) implies that the first carrier must provide information
First carrier may comply with subclause (2)
Must provide information to second carrier upon request.
24(4) Access to information about likely changes to network facilities—
25 Access to quality of service information etc.
Carrier must provide access to quality of service information
25(1) Access to quality of service information etc.
Provide detailed information about quality of service, network conditions, and call failures.
25(2) Access to quality of service information etc.
(2) The first carrier must, if requested to do so by the second carrier,
Second carrier's request for compliance with subclause (2) is reasonable.
25(3) Access to quality of service information etc.
25(4) Access to quality of service information etc.
Specify ITU recommendations for quality of service
25(5) Access to quality of service information etc.
26 Security procedures
Carrier may withhold information from another carrier unless security procedures are in place.
26(1) Security procedures
Second carrier has security procedures in place
Design procedures to protect information confidentiality
26(2) Security procedures
Imposes a duty on the state to protect information confidentiality
First carrier must comply with requirements imposed by clause on agreed terms and conditions or determined by arbitrator.
27 Terms and conditions of compliance
27A Code relating to access to information
Code setting out conditions for provision of information under specified clauses.
27A(1) Code relating to access to information
27A(2) Code relating to access to information
No implication on power to make an instrument
27A(3) Code relating to access to information
Does not limit matters dealt with by codes or standards
27A(4) Code relating to access to information
Does not limit subsection 33(3B) of the Acts Interpretation Act 1901.
27A(5) Code relating to access to information
28 Ministerial pricing determinations
Minister may make a determination setting out principles dealing with price-related terms.
28(1) Ministerial pricing determinations
28(3) Ministerial pricing determinations
29 Consultation about reconfiguration etc.
Carrier must consult about reconfiguration of carriage services.
29(1) Consultation about reconfiguration etc.
Must consult with second carrier before modifying or reconfiguring telecommunications network.
29(2) Consultation about reconfiguration etc.
(2) The first carrier must, if requested to do so by the second carrier...
First carrier must comply with subclause (2) unless modification affects second carrier's planning, maintenance, or reconfiguration activities.
29(3) Consultation about reconfiguration etc.
(3) The first carrier is not required...
Carrier must comply with requirement on terms and conditions agreed upon by parties or determined by arbitrator.
29(4) Consultation about reconfiguration etc.
Carrier has an obligation to comply with the requirement.
29(5) Consultation about reconfiguration etc.
29A Code relating to consultation
The ACCC must make a Code setting out conditions for consultations under clause 29.
29A(1) Code relating to consultation
The Code may specify the manner and form in which a consultation is to occur.
29A(2) Code relating to consultation
29A(3) Code relating to consultation
29A(4) Code relating to consultation
(4) A carrier must comply with the Code.
No implication that limits power to make an instrument
29A(5) Code relating to consultation
No implication on matters dealt with by codes or standards.
29A(6) Code relating to consultation
Does not limit subsection 33(3B) of the Acts Interpretation Act 1901 by implication.
29A(7) Code relating to consultation
Access to telecommunications transmission towers, tower sites, and underground facilities
Carriers must provide access to telecommunications transmission towers, tower sites, and underground facilities.
30 Simplified outline
Definitions for eligible underground facility, site, and telecommunications transmission tower.
31 Definitions
32 Extended meaning of access
Giving access to a tower includes replacing the tower with another tower located on the same site and giving access to the replacement tower.
32(1) Extended meaning of access
Giving access to a site includes replacing the tower with another tower located on the site.
32(2) Extended meaning of access
Replacing the tower with another tower located on the site is temporally included in 'giving access to a site'
(2) For the purposes of this Part, giving access to a site on which is situated a tower includes replacing the tower with another tower located on the site.
Replacing the tower with another tower located on the site is cognitively related to 'giving access to a site'
Replacing the tower with another tower located on the site is an obligation.
Replacing the tower with another tower located on the site is a subclass of 'giving access to a site'
Replacing the tower with another tower located on the site is diffusely related to 'giving access to a site'
33 Access to telecommunications transmission towers
Carrier must provide access to telecommunications transmission tower upon request.
33(1) Access to telecommunications transmission towers
Access to telecommunications transmission towers is permitted for the sole purpose of enabling a second carrier to install a facility used in connection with the supply of a carriage service by means of radiocommunications, subject to reasonable notice.
33(2) Access to telecommunications transmission towers
Access to telecommunications transmission towers is classified as a permitted activity.
Exemption from compliance with subclause (1) for a particular telecommunications transmission tower if a written certificate is issued by the ACCC stating it is not technically feasible.
33(3) Access to telecommunications transmission towers
Temporal interval during which the exemption is in force
The ACCC must consider certain factors when determining technical feasibility of compliance with subclause (1) in relation to a tower.
33(4) Access to telecommunications transmission towers
The ACCC must have regard to the specified factors.
Consultation with ACMA before issuing a certificate
33(4A) Access to telecommunications transmission towers
Must make decision within 10 business days after request.
33(5) Access to telecommunications transmission towers
Obligation to make decision within time frame.
33(6) Access to telecommunications transmission towers
Requester must comply with contingent provisions of a contract if they have not come into force.
33(7) Access to telecommunications transmission towers
Requester must comply with contingent provisions if they have not come into force.
Contingent provisions have not come into force.
34 Access to sites of telecommunications transmission towers
Carrier must provide access to site upon request.
34(1) Access to sites of telecommunications transmission towers
Access to sites of telecommunications transmission towers is permitted for the sole purpose of enabling a second carrier to install a facility used in connection with the supply of a carriage service by means of radiocommunications, subject to reasonable notice.
34(2) Access to sites of telecommunications transmission towers
the access is provided for the sole purpose of enabling the second carrier...
Temporal interval for notice requirement
(b) the second carrier gives the first carrier reasonable notice that...
Knowledge representation for access classification
(2) The first carrier is not required to comply with subclause (1)
(a) the access is provided for the sole purpose of enabling the second carrier...
Exempts first carrier from complying with subclause (1) if ACCC certifies technical infeasibility.
34(3) Access to sites of telecommunications transmission towers
The ACCC must consider certain factors when determining technical feasibility of compliance.
34(4) Access to sites of telecommunications transmission towers
Factors considered include technical difficulties and health/safety risks.
34(4A) Access to sites of telecommunications transmission towers
35 Access to eligible underground facilities
Carrier must provide access to eligible underground facility upon request.
35(1) Access to eligible underground facilities
First carrier not required to comply with subclause (1) unless access is for the second carrier's installation or reasonable notice is given.
35(2) Access to eligible underground facilities
Access is provided for the sole purpose of enabling the second carrier to install a line used, or for use, in connection with the supply of a carriage service.
Permission granted to the second carrier.
Second carrier gives reasonable notice that the second carrier requires the access.
Exemption from compliance with subclause (1) for eligible underground facilities
35(3) Access to eligible underground facilities
36 Terms and conditions of access
Carrier must comply with terms and conditions agreed upon by parties or determined by arbitrator.
36(1) Terms and conditions of access
Carrier must comply with terms and conditions.
36(2) Terms and conditions of access
Arbitrator appointment is within a specific time frame.
System recognizes terms and conditions as binding.
Terms and conditions are disseminated to all parties.
Carrier must comply with terms and conditions for all carriers.
36(3) Terms and conditions of access
Regulations may make provision for the conduct of an arbitration.
36(4) Terms and conditions of access
ACCC may be constituted by a single member or specified number of members for a particular arbitration.
36(5) Terms and conditions of access
No implication that subclause (4) is limited by subclause (5)
36(6) Terms and conditions of access
Prevent arbitrators from making determinations that would prevent Telstra successors from complying with undertakings.
36(7) Terms and conditions of access
Determination would prevent Telstra successor from complying with undertaking if final migration plan is in force
Defines temporal interval for final migration plan
Section 36(7) defines terms and conditions of access
Arbitrator must not make a determination under this clause if final migration plan is in force
Identifies cognitive biases in arbitrators' decisions
Determination would prevent Telstra successor from complying with undertaking
Diffuses obligations to designated Telstra successors
Defines recurring trace for designated Telstra successors
Determination under this clause has no effect to the extent it is inconsistent with an agreement in writing.
36(8) Terms and conditions of access
Temporal overlap between clause and agreements
(8) If: (a) an agreement mentioned in paragraph (1)(a), (2)(a) or (3)(a) is in force;
Clause incorporates agreements into its scope
Determination under this clause has no effect...
Obligation to consider agreements in writing
(8) If an agreement is in force and in writing;
Recurring trace for clause and agreements
37 Code relating to access
The ACCC may make a Code setting out conditions for access provision.
37(1) Code relating to access
37(2) Code relating to access
Does not limit a power to make an instrument
37(3) Code relating to access
limit a power conferred by or under this Act
(3) This clause does not, by implication
Carrier must co-operate with other carriers to share sites and eligible underground facilities.
38 Industry co-operation about sharing of sites and eligible
39 This Part does not limit Part 3 of this Schedule
Records, inspection reports, investigation findings
Carriers must keep records, inspect facilities regularly, investigate and take remedial action.
40 Simplified outline
41 Records relating to underground facilities
Carrier must keep records of designated overhead lines.
41(1) Records relating to underground facilities
Carrier must keep and maintain records of telecommunications towers.
41(2) Records relating to underground facilities
Obligation to keep and maintain records.
(a) the kind and location of those facilities; (b) if any of those facilities is an eligible underground facility— the capacity of that facility to hold further lines.
Carrier must keep records of underground facilities
41(3) Records relating to underground facilities
Temporal relationship between records and facilities
Artificial intelligence application to records
42 Regular inspection of facilities
Carrier must inspect facility regularly.
42(1) Regular inspection of facilities
Must regard good engineering practice when determining regularity of inspections.
42(2) Regular inspection of facilities
Obligation to regard good engineering practice.
Carrier must investigate facility condition if reasonable grounds exist.
43 Prompt investigation of dangerous facilities
Investigation must occur within a reasonable timeframe
Carrier has reasonable grounds to suspect facility condition endangers health or safety
44 Remedial action
Carrier must take remedial action following inspection.
44(1) Remedial action
Carrier must take remedial action following investigation.
44(2) Remedial action
Carrier must comply with remedial action as soon as practicable.
44(3) Remedial action
Carrier must comply with remedial action.
Carrier must obtain designated interconnection service from carriage service provider.
44A Simplified outline
Carrier must obtain designated interconnection service.
Defines terms for active declared service, designated interconnection service, and eligible service.
45 Definitions
Defines terms for active declared service
Carrier must obtain designated interconnection services from carriage service providers.
46 Carriers must obtain designated interconnection services from
Carrier must obtain designated interconnection services.
Carriage service providers' telecommunications networks are interconnected with carriers' telecommunications networks.
47 Designated interconnection services
The Minister may declare a specified service as a designated interconnection service.
47(1) Designated interconnection services
47(2) Designated interconnection services
Request for ACCC report on proposed declaration promoting objective of any-to-any connectivity
47(3) Designated interconnection services
Must provide report to Minister within 30 days
47(4) Designated interconnection services
Minister must consider ACCC's report and other relevant matters when deciding to make a declaration.
47(5) Designated interconnection services
The Minister considers the ACCC’s report between other relevant matters.
Minister's consideration of ACCC's report is a temporal interval.
The Minister must have regard to the ACCC’s report.
The Minister uses the ACCC’s report as a basis for their decision-making process.
Minister's consideration of ACCC's report is an argumentative process.
The Minister must have regard to the ACCC’s report and such other matters as the Minister considers relevant.
Minister has an obligation to consider ACCC's report and other relevant matters.
The Minister must decide whether to make the declaration.
The Minister’s decision-making process involves diffusing information about the ACCC’s report and other relevant matters.
Minister's decision-making process is a diffusion of information.
The Minister considers the ACCC’s report without any lower temporal limit.
Minister's consideration of ACCC's report is a temporal interval with no lower bound.
Declaration under subclause (1) is a legislative instrument.
47(6) Designated interconnection services
Telstra must prepare a draft functional separation undertaking.
68 Simplified outline
Obligation to prepare a draft functional separation undertaking.
69 Definitions
70 Declared network services
A regulated service is a declared service within the meaning of Part XIC of the Competition and Consumer Act 2010.
71 Regulated services
Part XIC of the Competition and Consumer Act 2010
Treats notional contracts as actual contracts for purposes of this Part.
72 Notional contracts
73 Contents of draft or final functional separation undertaking
Functional separation undertaking requirements
73(1) Contents of draft or final functional separation undertaking
Defines how a final functional separation undertaking affects quarters.
73(2) Contents of draft or final functional separation undertaking
ACCC may perform functions or exercise powers in relation to the undertaking.
73(3) Contents of draft or final functional separation undertaking
ACCC may perform functions or exercise powers.
74 Functional separation principles
Maintain functional separation principles
74(1) Functional separation principles
Must maintain functional separation principles
(1) The functional separation principles are as follows:
Maintain arm's length functional separation between wholesale and retail business units
(c) the principle that Telstra should maintain arm’s length functional separation between:
Develop performance measures relating to compliance with a final functional separation undertaking
(iii) the development of performance measures relating to compliance with a final functional separation undertaking;
Conduct independent audit and other checks on compliance with a final functional separation undertaking
(iv) independent audit, and other checks, of compliance with a final functional separation undertaking;
Consult wholesale customers at the same time and in the same manner when consulting retail business units
(ii) proposed developments in connection with services supplied by Telstra’s wholesale/network business unit;
Must consider favourable terms and conditions when determining equivalence principle.
74(2) Functional separation principles
Temporal interval for consideration of equivalence principle.
(2) In determining the principle of equivalence...
Obligation to consider favourable terms and conditions.
Regard may be had to matters not limited by subclause (2)
74(3) Functional separation principles
Clarifies that this clause does not affect the meaning of anything in Part 33.
74(4) Functional separation principles
75 Functional separation requirements determination
Minister may make written determination specifying functional separation requirements.
75(1) Functional separation requirements determination
Functional separation requirements determination may deal with the manner in which functional separation principles are to be implemented.
75(2) Functional separation requirements determination
Determines manner of meeting requirement set out in paragraph 73(1)(b) or (c)
75(3) Functional separation requirements determination
Functional separation requirements determination does not limit subclause (1).
75(4) Functional separation requirements determination
Notice setting out determination or variation
Minister must publish notice on website before making or varying functional separation requirements determination.
75(4A) Functional separation requirements determination
76 Draft functional separation undertaking to be given to Minister
Draft functional separation undertaking to be given to Minister within 90 days or a longer period specified in an instrument.
76(1) Draft functional separation undertaking to be given to Minister
Telstra has an obligation to provide a draft functional separation undertaking.
Draft functional separation undertaking to be given to Minister
76(2) Draft functional separation undertaking to be given to Minister
Minister may specify a period for purposes of paragraph (1)(b)
76(3) Draft functional separation undertaking to be given to Minister
Minister must not specify period under subclause (3) unless Telstra satisfies certain conditions.
76(4) Draft functional separation undertaking to be given to Minister
that decision is expressed to be subject to the occurrence of one or more specified events within a specified period
Minister has an obligation to specify period under subclause (3)
Telstra has given the ACCC an undertaking under section 577A
Minister has permission to specify period under subclause (3) unless Telstra satisfies certain conditions.
Minister has permission to specify period under subclause (3)
Telstra satisfies the Minister that Telstra is preparing an undertaking under section 577A
ACCC has an obligation to decide on undertaking
the ACCC has not decided whether to accept the undertaking
the ACCC has decided to accept the undertaking
77 Approval of draft functional separation undertaking by Minister
Approval of draft functional separation undertaking by Minister
77(1) Approval of draft functional separation undertaking by Minister
The Minister must approve or vary the original undertaking.
77(2) Approval of draft functional separation undertaking by Minister
Obligation to approve or vary the undertaking.
Minister must publish notice and consider submissions before making decision.
77(3) Approval of draft functional separation undertaking by Minister
78 Time limit for making an approval decision
Defines time limit for making an approval decision
78(1) Time limit for making an approval decision
78(2) Time limit for making an approval decision
79 Effect of approval
Minister must approve draft functional separation undertaking for it to become final.
79(1) Effect of approval
Final functional separation undertaking comes into force on a specific day.
79(2) Effect of approval
No withdrawal of final functional separation undertaking
79(3) Effect of approval
(3) A final functional separation undertaking may not be withdrawn.
Final functional separation undertaking is not a legislative instrument.
79(4) Effect of approval
80 Variation of final functional separation undertaking
Variation of final functional separation undertaking
80(1) Variation of final functional separation undertaking
A variation of a final functional separation undertaking is not a legislative instrument.
80(10) Variation of final functional separation undertaking
Prohibits variation of final functional separation undertaking as a legislative instrument.
Variation of final functional separation undertaking may be requested or initiated by the Minister.
80(2) Variation of final functional separation undertaking
Duty to consider variation of final functional separation undertaking
80(3) Variation of final functional separation undertaking
Publish notice and invite submissions before varying final functional separation undertaking.
80(4) Variation of final functional separation undertaking
Submissions must be made within 14 days after notice publication
(a) cause to be published on the Department’s website a notice: (i) setting out the proposed variation; and (ii) inviting persons to make submissions to the Minister about the proposed variation within 14 days after the notice is published;
Obligation to publish notice and invite submissions
Minister must consider submissions received within 14-day period
(d) consider any submissions received within the 14-day period mentioned in paragraph (a);
Minister must ask ACCC for advice on proposed variation
(e) ask the ACCC to give advice to the Minister, within 44 days after the notice is published,
Minister must have regard to advice given by ACCC
(f) have regard to any advice given by the ACCC.
Minor variation of final functional separation undertaking is exempt from subclause (4)
80(5) Variation of final functional separation undertaking
Must provide notice and consider submissions from Telstra before making a proposed variation.
80(6) Variation of final functional separation undertaking
Obligation to provide notice and consider submissions
Minister may ask ACCC for additional advice on a matter arising under this clause.
80(7) Variation of final functional separation undertaking
Notify Telstra of variation in final functional separation undertaking
80(8) Variation of final functional separation undertaking
(8) As soon as practicable after varying a final functional separation undertaking, the Minister must notify Telstra in writing of the variation.
Variation of final functional separation undertaking comes into force on the day after notice is given.
80(9) Variation of final functional separation undertaking
Describes temporal relationship between variation and final functional separation undertaking
(9) A variation of a final functional separation undertaking comes into force on the day after notice is given to Telstra in accordance with subclause (8)
Describes application of variation to final functional separation undertaking
Describes the effect of variation on final functional separation undertaking
Describes propagation of variation to final functional separation undertaking
81 Publication of final functional separation undertaking
Copy of the final functional separation undertaking
Make a copy of the final functional separation undertaking available on Telstra’s website.
81(1) Publication of final functional separation undertaking
Telstra must make a copy of the undertaking available.
Make a copy of the varied final functional separation undertaking available on Telstra’s website.
81(2) Publication of final functional separation undertaking
82 Compliance with final functional separation undertaking
Compliance with final functional separation undertaking
82(1) Compliance with final functional separation undertaking
Exemption from compliance with final functional separation undertaking
82(2) Compliance with final functional separation undertaking
Telstra must provide undertakings about structural separation, hybrid fibre-coaxial networks, and subscription television broadcasting licences.
83 Simplified outline
84 Control by Telstra of certain spectrum licences
Telstra must not exercise control of the licence.
84(1) Control by Telstra of certain spectrum licences
Telstra must not be in a position to exercise control of the licence.
Prevents Telstra from exercising control over the licence
(1) If: (a) the excluded spectrum regime applies to Telstra; and (b) a spectrum licence relates to a designated part of the spectrum;
(a) the excluded spectrum regime applies to Telstra; and (b) a spectrum licence relates to a designated part of the spectrum;
Prevents Telstra from exercising control over the licence for all time
Exemption from control by Telstra for certain undertakings
84(2) Control by Telstra of certain spectrum licences
Telstra must give ACCC a draft migration plan under certain conditions.
84(3) Control by Telstra of certain spectrum licences
Draft migration plan is given between Telstra and ACCC.
Obligation to provide a draft migration plan.
85 Use by Telstra of certain spectrum licences
Telstra must not supply a carriage service using a radiocommunications device.
85(1) Use by Telstra of certain spectrum licences
Exemption from rule for Telstra undertakings
85(2) Use by Telstra of certain spectrum licences
86 Associate
Definition of associate for control of spectrum licence
86(1) Associate
Persons are not associates if they do not act together in relevant dealings and cannot exert influence over each other's business dealings.
86(2) Associate
Temporal intervals of acting together and influencing are disjoint
(a) they do not act together in any relevant dealings relating to the spectrum licence
Negative assertion of ability to exert influence
(b) neither of them is in a position to exert influence over the business dealings of the other in relation to the spectrum licence
Control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices.
87 Control
88 When Telstra is in a position to exercise control of a spectrum
Telstra cannot exercise control of a spectrum licence without meeting the specified conditions.
88(1) When Telstra is in a position to exercise control of a spectrum
The key overlaps with other keys that describe the temporal intervals related to the exercise of control of a spectrum licence.
The key is related to the temporal intervals related to the exercise of control of a spectrum licence.
The key implies other keys that describe the argumentation related to the exercise of control of a spectrum licence.
The key is related to the argumentation related to the exercise of control of a spectrum licence.
If Telstra does not meet the specified conditions, it cannot exercise control of a spectrum licence.
Telstra's control of a spectrum licence is prohibited without meeting the specified conditions.
Telstra must meet the specified conditions to exercise control of a spectrum licence.
The key contains other keys that describe the diffusion of information related to the exercise of control of a spectrum licence.
The key is related to the diffusion of information related to the exercise of control of a spectrum licence.
The key is next in the sequence of keys that describe the conditions for exercising control of a spectrum licence.
The key is related to the sequence of keys that describe the conditions for exercising control of a spectrum licence.
An employee of a licensee cannot be regarded as in control of a spectrum licence solely because of being an employee.
88(2) When Telstra is in a position to exercise control of a spectrum
Control is not exercised during employment.
Cannot be regarded as in control solely because of being an employee.
Multiple persons can exercise control of a spectrum licence.
88(3) When Telstra is in a position to exercise control of a spectrum
Service provider must comply with the Act.
Inclusion of related Acts and regulations
Telecommunications (Consumer Protection and Service Standards) Act 1999
Chapter 5 of the Telecommunications (Interception and Access) Act 1979
10 Carriage service providers must give information to Telstra
Information about integrated public number database
Must provide information to Telstra if a carrier licence condition applies.
10(1) Carriage service providers must give information to Telstra
Must provide information to Telstra upon request.
10(2) Carriage service providers must give information to Telstra
Must provide public number information to Telstra
10(3) Carriage service providers must give information to Telstra
Number has the same meaning as in Division 2 of Part 22
11 Carriage service providers must give information to another
11(1) Carriage service providers must give information to another
Must provide information to end-user with public number
11(2) Carriage service providers must give information to another
Carriage service providers must give information to another
11(3) Carriage service providers must give information to another
Carriage service provider must provide itemised billing.
12 Simplified outline
13 Itemised billing
Must provide itemised billing for standard telephone services
13(1) Itemised billing
13(2) Itemised billing
Customer can opt out of itemised billing for calls made using a particular service.
13(3) Itemised billing
Itemised billing is not required before opt-out.
Itemised billing for calls made using that service is not required.
Customer chooses not to have itemised billing.
Customer can request itemised billing for designated local calls.
13(4) Itemised billing
Definition of designated local call for standard telephone service provider
13(5) Itemised billing
14 Exemptions from itemised billing requirements
Exemptions from itemised billing requirements
14(1) Exemptions from itemised billing requirements
Consider technical feasibility and plans for itemised billing when deciding exemptions.
14(2) Exemptions from itemised billing requirements
ACMA may have regard for matters beyond the scope of itemised billing requirements
14(3) Exemptions from itemised billing requirements
15 Details that are not to be specified in an itemised bill
Carriage service providers must not show specified details in an itemised bill.
15(1) Details that are not to be specified in an itemised bill
Prohibition of showing specified details in an itemised bill.
Must have regard to Australian Privacy Principles
15(2) Details that are not to be specified in an itemised bill
Temporal interval for consideration of Australian Privacy Principles
(2) In making a determination under subclause (1), the ACMA must have regard to the Australian Privacy Principles.
Obligation to consider Australian Privacy Principles
Carriage service provider must comply with a determination under subclause (1).
15(3) Details that are not to be specified in an itemised bill
Informing prospective residential customer
Must inform prospective residential customer about priority assistance
Defines priority assistance industry code
17 Priority assistance industry code
Compliance with priority assistance industry code is mandatory.
18 Compliance with the priority assistance industry code
19 Information for prospective residential customers of a carriage
Priority assistance in connection with the supply of a standard telephone service
Carriage service provider must offer priority assistance if requested by prospective residential customer.
19(1) Information for prospective residential customers of a carriage
The carriage service provider MUST offer priority assistance in connection with the supply of a standard telephone service if the prospective residential customer requests it.
(a) the provider receives an inquiry from a prospective residential customer about the supply of a standard telephone service; and (b) the provider does not offer priority assistance in connection with the service.
Provider must inform prospective residential customer of priority assistance options.
19(2) Information for prospective residential customers of a carriage
Provider must inform prospective residential customer.
19(3) Information for prospective residential customers of a carriage
priority assistance has the same meaning as in the priority assistance industry code.
Operator services must be provided to end-users of standard telephone services.
2 Simplified outline
No requirement imposed on Telstra Limited if certain conditions are met.
20 Requirements for Telstra Limited and Telstra
Scope of Part applies to specified operator services
3 Scope of Part
Scope applies to specified operator services
4 Operator services must be provided to end-users of a standard
Carriage service provider must provide operator services to end-users of a standard telephone service.
4(1) Operator services must be provided to end-users of a standard
Provider may arrange for provision of operator services.
4(2) Operator services must be provided to end-users of a standard
Carriage service provider must provide operator services to end-users of its standard telephone service.
5 Access to end-users of other carriage service providers
Operator services are a type of standard telephone service.
Must provide directory assistance services to end-users of standard telephone services.
6 Simplified outline
Expresses a duty to provide directory assistance services.
7 Directory assistance services must be provided to end-users
Carriage service provider must provide directory assistance services to end-users.
7(1) Directory assistance services must be provided to end-users
Provider must provide directory assistance services to end-users.
7(2) Directory assistance services must be provided to end-users
First provider must comply with request from second provider to provide directory assistance services.
8 Access by end-users of other carriage service providers
Carriage service providers must provide information to a person or association under an obligation.
9 Simplified outline
Information must be provided at least as soon as the obligation begins.
Information must be provided at any time after the obligation begins
The obligation to provide information begins at some point in the future.
Fulfilling the obligation requires providing the required information.
Providing information implies fulfilling the obligation
Providing information is a necessary condition for fulfilling the obligation.
They are intelligent agents capable of providing information.
Carriage service providers are intelligent agents
Carriage service providers have the capacity for intelligent action.
They must provide the required information.
Carriage service providers have an obligation to provide information.
The information is spread to all relevant parties.
Information spreads to all relevant parties
The information is disseminated to all relevant individuals or organizations.
Carrier may enter land and exercise certain powers.
1 Simplified outline
A carrier must take all reasonable steps to protect the safety of persons and property.
10 Management of activities
11 Agreements with public utilities
Carrier must make reasonable efforts to enter into an agreement with a public utility.
11(1) Agreements with public utilities
Carrier's reasonable efforts must meet the requirements of the agreement.
(1) A carrier must make reasonable efforts to enter into an agreement with a public utility that makes provision for the manner in which the carrier will engage in an activity that is:
Carrier may not unreasonably refuse to enter into an agreement.
Carrier must provide reasonable efforts to enter into an agreement.
Carrier must comply with an agreement in force under subclause (1).
11(2) Agreements with public utilities
Carrier must comply with industry standards to reduce public safety risk
12 Compliance with industry standards
(a) relates to the activity; (b) is recognised by ACMA as a standard for use in that industry; (c) is likely to reduce a risk to the safety of the public if the carrier complies with the standard.
Carrier must comply with Australia's obligations under a listed international agreement.
13 Compliance with international agreements
Carrier must comply with Australia's obligations.
Carrier must comply with conditions specified in regulations.
14 Conditions specified in the regulations
Conditions for carriers in relation to activities covered by the Code of Practice
15 Conditions specified in a Ministerial Code of Practice
...in relation to any or all of the activities covered by...
Conditions apply during activities covered by the Code of Practice
(1) The Minister may, by legislative instrument...
Requires carriers to comply with conditions
Conditions for a facility installation permit
16 Conditions to which a facility installation permit is subject
17 Notice to owner of land—general
Carrier must give written notice to land owner and occupier before engaging in activity.
17(1) Notice to owner of land—general
Carrier must specify purpose for activity
17(2) Notice to owner of land—general
Compensation may be payable under clause 42 if a person suffers financial loss or damage.
17(3) Notice to owner of land—general
Notice must be given at least 10 business days before carrier begins activity.
17(4) Notice to owner of land—general
Notice need be given 2 business days before engaging in certain activities.
17(4A) Notice to owner of land—general
The notice need be given only 2 business days before...
17(5) Notice to owner of land—general
Exemption from notice requirement for certain activities
17(6) Notice to owner of land—general
Granting permission to engage in specific activities
Exemption from notice requirement for carrier engaging in Division 2 activities
17(6A) Notice to owner of land—general
...carrier considers that compliance with subclause (1) is impracticable in the circumstances.
Temporal interval for exemption from notice requirement
Artificial intelligence application for exemption from notice requirement
Carrier permitted to engage in Division 2 activities without notice requirement
Diffusion of exemption from notice requirement to related activities
Recurring trace for carrier's activities under Division 2
Definition of temporary defence facility
17(6B) Notice to owner of land—general
Activity not inconsistent with Australia's obligations under a listed international agreement
17(7) Notice to owner of land—general
18 Notice to owner of land—lopping of trees etc.
Carrier must give written notice to owner and occupier before engaging in certain activities.
18(1) Notice to owner of land—lopping of trees etc.
Carrier may not engage in activities if request is not complied with.
18(2) Notice to owner of land—lopping of trees etc.
18(3) Notice to owner of land—lopping of trees etc.
Exemption from notice requirement for carriers engaging in Division 2 activities
18(3A) Notice to owner of land—lopping of trees etc.
(a) the carrier intends to engage in an activity under Division 2
Prohibition on lopping of trees without notice to land owner
18(3B) Notice to owner of land—lopping of trees etc.
Temporal interval for prohibition on lopping of trees without notice to land owner
(3B) For the purposes of this clause, a temporary defence facility is a facility of the kind mentioned in paragraph 6(1)(c) of this Schedule.
Classification of lopping of trees as prohibited without notice to land owner using CogAI
Diffusion of prohibition on lopping of trees without notice to land owner
Exemption from subclauses (1) and (2) for certain activities
18(4) Notice to owner of land—lopping of trees etc.
Notice to road authorities, utilities etc. before engaging in certain activities
19 Notice to roads authorities, utilities etc.
2 Definitions
The Act requires definitions for certain terms
Terms must be defined in a hierarchical manner
Ensure facility installation allows reasonable passage.
20 Roads etc. to remain open for passage
21 Application for facility installation permit
Carrier must apply for permit to install facilities.
21(1) Application for facility installation permit
The permit is called a facility installation permit.
21(2) Application for facility installation permit
Application must be in writing and in accordance with the approved form.
22 Form of application
Application must be accompanied by charge
23 Application to be accompanied by charge
No prohibition on withdrawing an application and submitting a fresh one.
24 Withdrawal of application
No obligation to maintain an application.
Issue facility installation permit after considering application.
25 Issue of facility installation permit
26 Deemed refusal of facility installation permit
Deemed refusal of facility installation permit
26(1) Deemed refusal of facility installation permit
Deemed refusal of facility installation permit if no notification within 65 business days
26(2) Deemed refusal of facility installation permit
Determination of business days for facility installation permit
26(3) Deemed refusal of facility installation permit
Must consider ACMA's need to act with sufficient speed when determining the validity of actions taken under Part 25.
26(4) Deemed refusal of facility installation permit
Consideration must be within the time limit.
Must consider the time limit imposed by subclause (2).
There is a time limit imposed by subclause (2).
Mandatory consideration of ACMA's need to act with sufficient speed.
ACMA needs to act with sufficient speed.
ACMA has an obligation to consider its need to act with sufficient speed.
The ACMA needs to act with sufficient speed.
Must consider the ACMA's need to act with sufficient speed in relation to the permit.
Criteria for issue of facility installation permit
27 Criteria for issue of facility installation permit
28 Special provisions relating to environmental matters
Exemptions from environmental provisions
28(1) Special provisions relating to environmental matters
Consultation with Environment Secretary before issuing a facility installation permit.
28(2) Special provisions relating to environmental matters
Includes certain parts of Divisions 25 and 29.
28(5) Special provisions relating to environmental matters
Consultation with ACCC before issuing a facility installation permit.
29 Consultation with the ACCC
3 Designated overhead line
Line has temporal relation to land or water
Line is suspended above the surface of land or water
30 Facility installation permit has effect subject to this Act
Facility installation permit has effect subject to this Act.
30(1) Facility installation permit has effect subject to this Act
The facility installation permit is subject to the Act.
(1) A facility installation permit has effect subject to this Act.
30(2) Facility installation permit has effect subject to this Act
the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act
this clause has effect during the period of this Act
this clause includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act
this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999
Defines subclass relationship between Acts
this clause defines a subclass of this Act
31 Duration of facility installation permit
31(1) Duration of facility installation permit
ACMA may extend the period specified in a facility installation permit under special circumstances.
31(2) Duration of facility installation permit
32 Conditions of facility installation permit
Facility installation permit is subject to specified conditions.
32(1) Conditions of facility installation permit
Facility installation permit has obligations.
Restricts or limits the carrying out of an activity under Division 3.
32(2) Conditions of facility installation permit
This subclause does not, by implication, limit subclause (1).
Restricts or limits the carrying out of an activity over a specific temporal interval.
(2) A condition of a facility installation permit may restrict, limit or prevent the carrying out of, an activity under Division 3.
Restricts or limits the carrying out of an activity.
32(3) Conditions of facility installation permit
Holder may surrender permit by written notice.
33 Surrender of facility installation permit
34 Cancellation of facility installation permit
ACMA may cancel facility installation permit
34(1) Cancellation of facility installation permit
Consider contraventions of Division 5 and matters relevant to permit issuance when cancelling a facility installation permit.
34(2) Cancellation of facility installation permit
Consider contraventions and relevant matters when cancelling a permit.
ACMA may have regard for matters beyond those explicitly limited by subclause (2)
34(3) Cancellation of facility installation permit
35 Review of decisions by Administrative Review Tribunal
Application for review of ACMA decision to refuse facility installation permit
35(1) Review of decisions by Administrative Review Tribunal
Notice must be given to affected persons for review of decision.
35(2) Review of decisions by Administrative Review Tribunal
Mandatory obligation to provide written notice.
Failure to comply does not affect decision validity
35(3) Review of decisions by Administrative Review Tribunal
The decision is valid if it complies with subclause (2).
Temporal interval of compliance overlaps with decision validity
Obligation in AI implies obligation to comply
Obligation diffuses to all parties affected by the decision
Obligation implies obligation in linear logic
Review of decisions by Administrative Review Tribunal
35(4) Review of decisions by Administrative Review Tribunal
(decision occurs during the period covered by the Administrative Review Tribunal Act 2024)
(decision has the same meaning as in the Administrative Review Tribunal Act 2024)
(decision spreads during the period covered by the Administrative Review Tribunal Act 2024)
36 Activities not generally exempt from State and Territory laws
Activities not generally exempt from State and Territory laws
36(1) Activities not generally exempt from State and Territory laws
to the extent that the carrying out of the activity would be inconsistent with the provisions of a law of a State or Territory.
Activities not generally exempt from State and Territory laws during certain periods
(1) Divisions 2, 3 and 4 do not operate so as to authorise an activity
Prohibits activities inconsistent with State/Territory laws
Exemptions under clause 37 apply to the rule set out in subclause (1)
36(2) Activities not generally exempt from State and Territory laws
The exemptions under clause 37 apply before subclause (1)
Clause 37 exemptions apply before subclause (1)
Exemptions are applied by the State and Territory
The exemptions under clause 37 are applied by the State and Territory
Exemptions apply to the rule set out in subclause (1)
The exemptions under clause 37 diffuse to the rule set out in subclause (1)
The rule set out in subclause (1) is before the exemptions under clause 37
37 Exemption from State and Territory laws
Activity must be authorised by Division 2, 3 or 4.
37(1) Exemption from State and Territory laws
37(2) Exemption from State and Territory laws
Describes temporal relation between exemptions and laws
(2) The carrier may engage in the activity despite a law of a State or Territory about...
Allows carrier to engage in activity despite State or Territory law
(2) The carrier may engage in the activity
Describes sequence of exemptions and laws
Exemption from State and Territory laws for protection of cultural heritage
37(3) Exemption from State and Territory laws
Exemption from State and Territory laws for high-voltage electricity supply
37(4) Exemption from State and Territory laws
Nothing in this Division affects the operation of other State or Territory laws.
38 Concurrent operation of State and Territory laws
Obligation to respect concurrent State and Territory laws.
Liability to taxation not affected by this Division.
39 Liability to taxation not affected
Obligation to taxation under a law of a State or Territory.
4 Extension to a tower to be treated as the installation of a facility
Extension to a tower is treated as the installation of a facility.
4(1) Extension to a tower to be treated as the installation of a facility
(c) the carrying out of the extension is to be treated as the carrying out of the installation of the facility;
The extension includes the installation of a facility.
(a) a tower is a facility; and (b) the tower is, or is to be, extended;
The extension includes a cognitive process that starts at the installation of a facility.
If a tower is a facility, then its extension is treated as the installation of a facility.
The extension includes a diffusion that starts at the installation of a facility.
The extension includes a trace that starts at the installation of a facility.
Avoids doubt about what a tower includes in the context of this clause.
4(2) Extension to a tower to be treated as the installation of a facility
Tower must be treated as facility installation
4(3) Extension to a tower to be treated as the installation of a facility
Obligation to treat tower as facility installation
Must treat tower as facility installation
41 Guidelines
Must consider guidelines and other relevant matters when performing a function or exercising power.
41(1) Guidelines
Consideration of guidelines is within the scope of performance of function or exercise of power.
(a) any guidelines in force under subclause (2); and (b) such other matters as the ACMA considers relevant.
Consideration of guidelines is relevant to performance of function or exercise of power.
Must consider guidelines and other relevant matters.
ACMA may formulate guidelines by written instrument.
41(2) Guidelines
42 Compensation
Compensation for financial loss or damage caused by a carrier's actions.
42(1) Compensation
Carrier has an obligation to provide compensation.
42(2) Compensation
Compensation for damage to property over time
(2) Compensation payable under subclause (1)
Compensation includes damage of a temporary character
(a) Damage of a temporary character as well as of a permanent character
Defines court of competent jurisdiction for property claims.
42(3) Compensation
means the Federal Court or Supreme Court of State/Territory
County Court, District Court, local Court of State/Territory
Carrier's employees empowered to perform actions on land
43 Power extends to carrier’s employees etc.
Carrier empowers employees to perform actions
Discrimination against carriers and users of carriage services is prohibited
44 State and Territory laws that discriminate against carriers and
Prohibits discrimination against carriers and users of carriage services
No obligation on Parliament to prevent State/Territory laws from conferring powers/immunities on carriers.
45 State and Territory laws may confer powers and immunities on
46 ACMA may limit tort liability in relation to the supply of certain
ACMA may limit tort liability in relation to the supply of certain carriage services.
46(1) ACMA may limit tort liability in relation to the supply of certain
Limit tort liability in relation to the supply of certain instruments
46(2) ACMA may limit tort liability in relation to the supply of certain
Carrier's property remains with owner, regardless of fixture status.
47 Ownership of facilities
48 ACMA may inform the public about designated overhead lines,
ACMA must inform the public about designated overhead lines.
48(1) ACMA may inform the public about designated overhead lines,
ACMA must consider certain matters when performing its function.
48(2) ACMA may inform the public about designated overhead lines,
Function is a subclass of consideration.
ACMA may inform the public about designated overhead lines.
48(3) ACMA may inform the public about designated overhead lines,
48(4) ACMA may inform the public about designated overhead lines,
Inform public about designated overhead lines
48(5) ACMA may inform the public about designated overhead lines,
Classification of telecommunications transmission towers
(a) a tower; or (b) a pole; or (c) a mast; or (d) a similar structure;
5 Inspection of land
Carrier may inspect and alter land for its purposes.
5(1) Inspection of land
Carrier has permission to inspect and alter land.
Carrier may enter land and perform actions necessary for surveying or obtaining information.
5(2) Inspection of land
Carrier is permitted to enter land and perform actions.
ACMA must monitor progress in relation to placing facilities underground.
50 Monitoring of progress in relation to placing facilities
51 Removal of certain overhead lines
Owner must remove suspended part of eligible overhead line within 6 months after completion of removals.
51(1) Removal of certain overhead lines
Owner must remove suspended part of eligible overhead line.
Exempt owner of eligible overhead line from compliance with subclause (1) in relation to the first pole.
51(2) Removal of certain overhead lines
Defining a temporal interval for exemption
(d) extend the period of 6 months mentioned in subclause (1) for the purposes of the application of subclause (1) to the owner of the eligible overhead line and to the first pole.
the local government body may, by writing:
(a) there is a local government body for the area in which the first pole is situated;
Granting exemption from compliance with subclause (1)
(b) there is no prescribed administrative authority for the State or Territory in which the first pole is situated;
Extending a period for compliance with subclause (1)
51(3) Removal of certain overhead lines
The prescribed administrative authority may exempt the owner...
(3) If there is a prescribed administrative authority...
Exemption from compliance with subclause (1) for the owner of eligible overhead line and first pole.
51(4) Removal of certain overhead lines
No carrier can engage in an activity contrary to another Commonwealth law.
52 Commonwealth laws not displaced
Prohibits carrier from engaging in activity contrary to another law.
Subdivider liable for costs incurred by carrier due to subdivision of land.
53 Subdivider to pay for necessary alterations
Obligation to pay costs incurred by carrier.
54 Service of notices
Carrier must serve notice on land owner if unable to find or serve personally/posteriously.
54(1) Service of notices
the notice serving and land occupation overlap when the land is occupied.
Overlap between notice serving and land occupation.
(c) if the land is occupied—serving a copy of the notice on the occupier;
the land owner is implied if the carrier is unable to find out who owns it.
Implication of notice serving on land ownership.
(a) a carrier is unable, after diligent inquiry, to find out who owns particular land; or (b) a carrier is unable to serve a notice under this Part on the owner of land either personally or by post;
the carrier may not serve a notice under this Part on the owner of the land.
Prohibition of serving notice on land owner if unable to find or serve personally/posteriously.
the notice serving diffuses from the carrier to the land owner.
Diffusion of notice serving from carrier to land owner.
the notice serving on unoccupied land recurs when attached to a conspicuous part of the land.
Recurring trace of notice serving on unoccupied land.
(d) if the land is not occupied—attaching, if practicable, a copy of the notice to a conspicuous part of the land;
Diligent inquiry required to find out land occupation information
54(2) Service of notices
Carrier has an obligation to make diligent inquiry
6 Installation of facilities
Carrier may install facility under certain conditions.
6(1) Installation of facilities
Carrier's permission to enter and occupy land for carrying out activity
6(2) Installation of facilities
The carrier may, for purposes in connection with the carrying out of that activity:
Carrier's activities overlap with land occupation
(2) If subclause (1) authorises a carrier...
Carrier is permitted to enter and occupy land
Carrier's activities are recurring on land
Carrier's activities are validated by land occupation
Application of State laws to certain building and facility standards
60 Existing buildings, structures and facilities—application of State
No common law rule applies to a carrier's building if authorized by specific laws.
61 Existing buildings, structures and facilities—application of the
62 Compensation for acquisition of property
Compensation for acquisition of property
Carrier must pay reasonable compensation to a person if acquisition of property would not be valid without it.
62(1) Compensation for acquisition of property
Compensation for acquisition of property must consider prior agreements and damages recovered from the carrier.
62(2) Compensation for acquisition of property
Obligation to consider prior agreements and damages recovered from the carrier.
62(3) Compensation for acquisition of property
62(4) Compensation for acquisition of property
This Part applies in relation to certain actions and rights.
63 Application of this Part
7 Maintenance of facilities
Carrier must maintain facility at any time.
7(1) Maintenance of facilities
Carrier may enter on and occupy land, remove or erect a gate in any fence.
7(2) Maintenance of facilities
Carrier can enter on land during exercise of powers.
Maintenance of facilities includes alteration, removal, repair, provisioning, ensuring proper functioning, replacement, and installation.
7(3) Maintenance of facilities
Includes a range of maintenance activities.
Subclauses (5) and (6) specify conditions for replacement and installation.
Temporary facility installation conditions
7(3A) Maintenance of facilities
Describes the purpose of temporary facility installation
Identifies conditions for temporary facility installation
Clarifies the meaning of 'tower' in clause 4.
7(4) Maintenance of facilities
Conditions for replacement facility noise levels
7(5) Maintenance of facilities
Carrier must take reasonable steps to minimize damage and inconvenience.
8 Carrier to do as little damage as practicable
8A Carrier to remove temporary facilities
Carrier must remove temporary facilities within 28 days after completion of maintenance.
8A(1) Carrier to remove temporary facilities
Carrier must remove temporary facilities within 28 days after completion of replacement.
8A(2) Carrier to remove temporary facilities
Facility removal must occur within a specific time frame
(2) If: (a) a carrier installs a low-impact facility under Division 3; and (b) the installation is covered by paragraph 6(5)(c);
Facility removal must occur after a specific event (replacement completion)
Carrier must remove temporary facilities within 28 days after the end of an event.
8A(3) Carrier to remove temporary facilities
Carrier must remove temporary facilities within 28 days after the end of events mentioned in paragraph 6(5)(e).
8A(4) Carrier to remove temporary facilities
Removal must occur within 28 days after the end of events mentioned in paragraph 6(5)(e).
(b) the installation is covered by paragraph 6(5)(e);
Carrier must remove temporary facilities.
Removal of temporary facility is conditional on events mentioned in paragraph 6(5)(e).
Carrier must remove temporary facilities within 28 days after ceasing to be needed.
8A(5) Carrier to remove temporary facilities
Facility ceases to be needed within 28 days.
(5) If: (a) a carrier installs a low-impact facility under Division 3; and (b) the installation is covered by paragraph 6(5)(g);
Carrier's obligation to remove temporary facilities.
Facility removal depends on emergency services organisations' needs.
Carrier must remove temporary facilities if conditions are met.
8A(6) Carrier to remove temporary facilities
...within 28 days after the completion of the maintenance mentioned in paragraph 7(3A)(a).
Temporal interval for removal of facilities
...the carrier must remove the facility within 28 days...
(6) If a carrier installs a facility under Division 4;
(6) If the installation is covered by subclause 7(3A);
8A(7) Carrier to remove temporary facilities
Obligation to remove temporary facilities.
8B Low-impact facility installed at or near a venue—annual limit
Annual limit for low-impact facilities installed at or near a venue
8B(1) Low-impact facility installed at or near a venue—annual limit
Defines low-impact facility for purposes of the clause.
8B(2) Low-impact facility installed at or near a venue—annual limit
(2) For the purposes of this clause, low-impact facilities has the same meaning as in clause 6.
Defines a concept with a specific meaning
Annual limit for installing low-impact facilities during high-demand holiday periods.
8C Low-impact facility installed to provide additional capacity
Imposes a duty on carriers to install low-impact facilities during high-demand holiday periods.
9 Carrier to restore land—general
Carrier must restore land to its original condition after engaging in an activity.
9(1) Carrier to restore land—general
Carrier has a moral obligation to restore land.
Carrier must take reasonable steps to restore land within 10 business days.
9(2) Carrier to restore land—general
Obligation to restore land within 10 business days.
Carrier may delay restoration of land by up to 10 business days with owner's or occupier's consent.
9(3) Carrier to restore land—general
9A Carrier to restore land—removal of temporary facilities
Carrier must restore land to its original condition after removing a low-impact facility.
9A(1) Carrier to restore land—removal of temporary facilities
Carrier has an obligation to restore land.
Carrier must restore land to its original condition after removing a facility.
9A(2) Carrier to restore land—removal of temporary facilities
...the land is restored to a condition that is similar to its condition before...
Condition after restoration must be greater than or equal to the condition before installation.
(a) a carrier installs a facility under Division 4 on particular land;
...the carrier must take all reasonable steps...
Carrier must restore land within 10 business days after removal of temporary facilities.
9A(3) Carrier to restore land—removal of temporary facilities
Temporal relationship between removal and restoration
(3) If the installation of the facility is covered by paragraph 6(5)(b), (c), (d), (e), (f) or (g),
Carrier must take all reasonable steps to ensure restoration begins within 10 business days
Restoration implies removal of temporary facilities
Restore land within 10 business days after removal of facility
9A(4) Carrier to restore land—removal of temporary facilities
Carrier may delay restoration of land after 10 business days with owner's consent or occupier's consent.
9A(5) Carrier to restore land—removal of temporary facilities
Carrier must restore land after removal of temporary facilities.
9A(6) Carrier to restore land—removal of temporary facilities
Activities in protection zones are prohibited.
Activities prohibited in a protection zone
10 Prohibited activities
(1) A declaration of a protection zone may specify activities that are prohibited in the protection zone.
11 Restricted activities
Restrictions on activities in the protection zone
11(1) Restricted activities
Activity must be covered by subclause (3) to impose restrictions.
11(2) Restricted activities
Implies that the activity must be covered by subclause (3)
(2) An activity on which restrictions are imposed
11(3) Restricted activities
Restricts activities during specific periods
(3) This subclause covers the following activities:
12 Conditions
Conditions for a protection zone declaration
12(1) Conditions
Conditions must be specified in the declaration.
12(2) Conditions
13 When a declaration takes effect
Declaration takes effect at specified time
13(1) When a declaration takes effect
(1) A declaration of a protection zone takes effect at the time specified by the ACMA.
ACMA must not specify a time before installation begins.
13(2) When a declaration takes effect
14 Duration of declaration
Declaration of protection zone continues in effect until revoked.
14(1) Duration of declaration
The declaration ends at the time of revocation.
(1) A declaration of a protection zone continues in effect until the ACMA revokes it.
The declaration remains valid throughout its duration.
The declaration must continue in effect until revoked.
The declaration is still in effect throughout its duration.
Declaration continues in effect even if submarine cables cease to operate.
14(2) Duration of declaration
(2) To avoid doubt, a declaration continues in effect even if the submarine cable or cables in the protection zone have ceased to operate.
15 ACMA to develop a proposal for a protection zone
ACMA must develop a proposal for the protection zone before declaring it.
15(1) ACMA to develop a proposal for a protection zone
Activities to be prohibited in the proposed protection zone.
15(2) ACMA to develop a proposal for a protection zone
Develop a proposal for a protection zone
15(3) ACMA to develop a proposal for a protection zone
17 ACMA to publish proposal etc.
Publish a proposal developed under clause 15.
17(1) ACMA to publish proposal etc.
Publish proposal and invite public submissions
17(2) ACMA to publish proposal etc.
17A ACMA to publish summary of proposal
17A(1) ACMA to publish summary of proposal
Publish a summary of the proposal in specified locations.
17A(2) ACMA to publish summary of proposal
(a) access the proposal on the ACMA’s website; (b) request a copy of the proposal under subclause 17(3).
Must provide information about accessing the proposal and requesting a copy.
17A(3) ACMA to publish summary of proposal
18 Cable must be a submarine cable of national significance
ACMA must declare protection zones only for submarine cables of national significance.
18(1) Cable must be a submarine cable of national significance
Cable must be of national significance if specified in regulations.
18(2) Cable must be a submarine cable of national significance
the cable is taken to be of national significance.
Temporal relation between regulation and specification
(a) a cable is specified in regulations made for the purposes of subclause 4(1A); or (b) a route of a cable is specified in regulations made for the purposes of subclause 4(1A);
19 Consultation with Environment Secretary
Consultation with Environment Secretary required before declaring a protection zone.
19(1) Consultation with Environment Secretary
Obligation to consult with Environment Secretary
Must consider Environment Secretary's advice on proposal
19(2) Consultation with Environment Secretary
...any advice or recommendations provided by the Environment Secretary in relation to the proposal
Temporal relationship between consideration and proposal
...Environment Secretary's advice on proposal
has a different meaning from the meaning it has elsewhere in this Act.
Includes geographical sense of Australia
Australia, when used in a geographical sense...
from the meaning it has elsewhere in this Act.
Note: Australia has a different meaning in this Schedule...
Consider public submissions and objective of facilitating efficient carriage services when deciding to declare a protection zone.
20 Matters the ACMA must have regard to
consider public submissions and objective of facilitating efficient carriage services at any time
In deciding whether to declare a protection zone in relation to one or more submarine cables, the ACMA must have regard to...
consider public submissions and objective of facilitating efficient carriage services
ACMA must consider environmental and heritage impacts when installing, maintaining or operating a submarine cable.
21 Environment and heritage considerations
Duty to consider environmental and heritage impacts.
Make decision on protection zone within 12 months
22 Deadline for final decision about protection zone
23 ACMA may vary or revoke a declaration of a protection zone
ACMA may vary or revoke a declaration of a protection zone.
23(1) ACMA may vary or revoke a declaration of a protection zone
ACMA must comply with Subdivision B before varying or revoking a declaration of a protection zone.
23(2) ACMA may vary or revoke a declaration of a protection zone
ACMA varies or revokes a declaration of a protection zone
ACMA develops a variation or revocation proposal
Variation or revocation of a declaration of a protection zone may be made on ACMA's own initiative or at the request of a person.
24 Variation or revocation on ACMA’s initiative or in response to
Notify affected carrier of request to vary or revoke a declaration
25 ACMA to notify affected carrier of request to vary or revoke a
26 Response to a request to vary or revoke a declaration
copy of proposal, notification of reasons
ACMA must provide a copy of proposal and notify person of reasons for difference if proposal differs from requested.
26(1) Response to a request to vary or revoke a declaration
Obligation to provide copy of proposal and notify person.
ACMA must notify person of decision and reasons if request is denied
26(2) Response to a request to vary or revoke a declaration
ACMA cannot vary or revoke a declaration after a request to do so.
27 Decision not to vary or revoke a declaration after a request to do
ACMA cannot vary or revoke the declaration.
Variation or revocation of a protection zone takes effect at the specified time.
28 When a variation or revocation takes effect
Protection zone area must not exceed permitted area after variation
29 Protection zone as varied must not exceed permitted area
Reference to eligible Territories extended to external Territories
2A Extension to offshore areas
No effect on Commonwealth law application in Greater Sunrise special regime area
2AA Operation in Greater Sunrise special regime area
Exploration/extraction activities in Greater Sunrise special regime area may overlap with Commonwealth law application
Overlap between exploration/extraction activities and Commonwealth law application
Subsection 13AB(1) of the Seas and Submerged Lands Act 1973
Exploration/extraction activities in Greater Sunrise special regime area are recognized as exempt from Commonwealth law application
Recognition of exploration/extraction activities in Greater Sunrise special regime area
Exploration/extraction activities in Greater Sunrise special regime area may diffuse to other areas without affecting Commonwealth law application
Diffusion of exploration/extraction activities to other areas
Exploration/extraction activities in Greater Sunrise special regime area may be repeated without affecting Commonwealth law application
Repetition of exploration/extraction activities in Greater Sunrise special regime area
Submarine cable installed in a protection zone is not material for determining its relation to the protection zone.
2B Submarine cable installed in a protection zone
Activities in a protection zone are prohibited.
3 Simplified outline
Prohibits activities in a protection zone.
30 ACMA to develop a variation or revocation proposal
ACMA must develop a proposal before varying or revoking a declaration.
30(1) ACMA to develop a variation or revocation proposal
Proposal must not be a legislative instrument.
30(2) ACMA to develop a variation or revocation proposal
Prohibits proposals from being legislative instruments.
32 ACMA to publish proposal etc.
Publish a proposal developed under clause 30.
32(1) ACMA to publish proposal etc.
32(2) ACMA to publish proposal etc.
ACMA must provide a copy of the proposal within 2 business days after receiving a request.
32(3) ACMA to publish proposal etc.
Obligation to provide a copy of the proposal
Exemption from subclause (3) for ACMA actions
32(4) ACMA to publish proposal etc.
ACMA's action overlaps with subclause (3)
ACMA has made the variation or revocation
ACMA is permitted to make variation or revocation
ACMA is permitted to decide not to make variation or revocation
ACMA has decided not to make the variation or revocation
ACMA may provide a copy of the proposal in electronic form upon request.
32(5) ACMA to publish proposal etc.
Permission to provide a copy in electronic form.
32(6) ACMA to publish proposal etc.
32A ACMA to publish summary of proposal
32A(1) ACMA to publish summary of proposal
32A(2) ACMA to publish summary of proposal
33 Consultation with Environment Secretary
Consultation with Environment Secretary required before varying or revoking a protection zone declaration.
33(1) Consultation with Environment Secretary
33(2) Consultation with Environment Secretary
Proposal is within the scope of Environment Secretary's advice
ACMA must have regard to Environment Secretary's advice in relation to proposal
Environment Secretary's advice is relevant
Advice is relevant to ACMA's consideration
ACMA must have regard to Environment Secretary's advice
ACMA must consider certain matters when varying or revoking a declaration of a protection zone.
34 Matters the ACMA must have regard to
Deadline for final decision about varying or revoking a protection
35 Deadline for final decision about varying or revoking a protection
Decision is conditional on proposal publication
36 Damaging a submarine cable
Damaging a submarine cable is prohibited.
36(1) Damaging a submarine cable
36(2) Damaging a submarine cable
37 Negligently damaging a submarine cable
Negligently damaging a submarine cable is prohibited.
37(1) Negligently damaging a submarine cable
Temporal relation between conduct and damage
(a) the person engages in conduct; (b) the conduct results in damage to a submarine cable; (c) the person is negligent as to the fact that the conduct results in that damage; (d) the cable is in a protection zone.
Rationality of conduct and damage assessment
37(2) Negligently damaging a submarine cable
Defence to offences of damaging a submarine cable
38 Defence to offences of damaging a submarine cable
39 Master or owner of ship used in offence of damaging a submarine
Permitting another person to use a ship used in the commission of an offence is prohibited.
39(1) Master or owner of ship used in offence of damaging a submarine
(1) A person (the first person) commits an offence if...
Strict liability applies to damaging a submarine
39(2) Master or owner of ship used in offence of damaging a submarine
4 ACMA may declare a protection zone
ACMA may declare a protection zone in relation to one or more submarine cables.
4(1) ACMA may declare a protection zone
Declaration of protection zone is an obligation.
ACMA may not declare a protection zone for specified domestic submarine cables or proposed cables without regulation.
4(1A) ACMA may declare a protection zone
Prohibition of declaring protection zones for specified cables.
ACMA must not declare a protection zone.
ACMA must comply with Subdivision B before declaring a protection zone.
4(2) ACMA may declare a protection zone
Engaging in prohibited conduct within a protection zone is an offence.
40 Engaging in prohibited or restricted activities
Prohibits conduct within a protection zone.
Engaging in prohibited conduct with intention of making commercial gain is an offence.
41 Aggravated offence of engaging in prohibited or restricted
Prohibition of conduct with intention of making commercial gain.
Defences to offences of engaging in prohibited or restricted activities
42 Defences to offences of engaging in prohibited or restricted
Defendant must be accorded procedural fairness in relation to finding of guilt.
43 Alternative verdict if aggravated offence not proven
Defendant must be accorded procedural fairness.
44 Master or owner of ship used in offence of engaging in prohibited
44A Foreign nationals and foreign ships
Exemptions for foreign nationals and ships
44A(1) Foreign nationals and foreign ships
Temporal overlap between exemptions and the Division's application
(c) the thing done, or omitted to be done, does not involve a ship;
Exemptions from the Division's application
Permission to engage in certain activities without the Division's application
(b) the thing is done, or omitted to be done in, on, or beneath the seabed that lies beneath...
Recurring trace of exemptions and the Division's application
(f) the operations of artificial islands, installations or structures that are under Australia’s jurisdiction.
Exemptions from Division 3A for foreign nationals and ships
44A(2) Foreign nationals and foreign ships
Exemptions during exploration and exploitation of continental shelf
(c) the thing done, or omitted to be done, involves a foreign ship; unless...
(2) This Division does not apply to anything done, or omitted to be done...
45 Person may claim damages
Person may recover damages for loss or damage caused by prohibited conduct in a protection zone.
45(1) Person may claim damages
Action can be commenced within 6 years after the cause of action accrued.
45(2) Person may claim damages
The temporal interval is during 6 years from the cause of action.
Temporal interval during which the action can be commenced
(2) An action under subclause (1) may be commenced at any time within 6 years after the day on which the cause of action that relates to the conduct accrued.
The person can perform the specified action.
Ability to commence action within time limit
The person can commence the action within 6 years.
The action is within the specified time limit.
Action can be commenced within a specific time limit
The temporal interval is until 6 years from the cause of action.
Temporal interval until which the action can be commenced
A person who is involved in a contravention can claim damages.
45(3) Person may claim damages
Jurisdiction is conferred on the Federal Court in any matter arising under this clause in respect of which a civil proceeding is instituted under this clause.
45(4) Person may claim damages
The Federal Court has jurisdiction over matters arising under the clause.
46 Indemnity for loss of anchor etc.
Owner of ship entitled to indemnification from carrier if loss occurs while avoiding damage to submarine cable.
46(1) Indemnity for loss of anchor etc.
Sacrifice occurs within allowed timeframe.
Sacrifice occurs during time when no prohibited conduct is engaged in.
No prohibited conduct is being engaged in at the time of sacrifice.
Ship owner is entitled to indemnification.
Carrier has permission to make sacrifice if it avoids damage to submarine cable.
Carrier is responsible for submarine cable.
Jurisdiction is conferred on the Federal Court in any matter arising under this clause.
46(2) Indemnity for loss of anchor etc.
Jurisdiction is conferred on the Federal Court.
47 ACMA to notify relevant authorities of declaration, variation etc.
ACMA must notify authorities of declaration decision
47(1) ACMA to notify relevant authorities of declaration, variation etc.
ACMA must notify relevant authorities of declaration, variation etc.
47(2) ACMA to notify relevant authorities of declaration, variation etc.
Carrier must notify ACMA of cessation of submarine cable use.
48 Notice if carrier decommissions a submarine cable
Cessation must occur after declaration of protection zone
If the cable ceases to be in use (other than temporarily), then...
Declaration of protection zone may be made by ACMA or at request of person.
5 Declaration on ACMA’s initiative or in response to request
Installing an international submarine cable without a permit in a protection zone or Australian waters is prohibited.
50 Simplified outline
51 Application for a protection zone installation permit
Carrier may apply for a permit to install submarine cables in protection zones or Australian waters.
51(1) Application for a protection zone installation permit
It is immaterial whether the cable or cables specified in the application are the cable or cables in relation to which the protection zone was declared.
51(2) Application for a protection zone installation permit
The provision imposes an obligation on the applicant.
52 Form of application etc.
Application must be in writing and in the approved form.
52(1) Form of application etc.
(1) An application must be: (a) in writing;
Application must be in the approved form.
(1) An application must be: (b) in the form approved in writing by the ACMA;
(a) the proposed route or routes, in Australian waters, of the submarine cable or cables specified in the application; and (b) information about the ownership and control of the submarine cable or cables specified in the application;
Application must provide specific information about submarine cables
52(2) Form of application etc.
Application must provide specific information
An application must be accompanied by the charge (if any)
53 Application to be accompanied by charge
Does not prevent withdrawal of application and submission of fresh application.
54 Withdrawal of application
54A Notification of change of circumstances
Notify change of circumstances to ACMA upon becoming aware.
54A(1) Notification of change of circumstances
ACMA must decide on change of circumstances after notification.
54A(2) Notification of change of circumstances
Notify applicant of decision within 2 business days
54A(3) Notification of change of circumstances
55 Further information
55(1) Further information
ACMA may refuse to consider application until applicant provides information.
55(2) Further information
ACMA has an obligation to refuse application until applicant provides information.
55A Consultation
Consultation before making a decision on an application for a protection zone installation permit.
55A(1) Consultation
ACMA must make a decision on the application
ACMA must provide consultation to Secretaries within 2 business days.
55A(2) Consultation
Notice to the ACMA under paragraph (3)(a)
Secretary must notify ACMA within 15 business days of receiving an application.
55A(3) Consultation
The Secretary must give a written notice to the ACMA.
Cannot grant permit while notice is in force
55A(4) Consultation
56 Grant or refusal of permit
Grant or refusal of permit for protection zone installation
56(1) Grant or refusal of permit
Install submarine cable in protection zone
Application is covered by paragraph 51(1)(a) of this Schedule
Install submarine cable in Australian waters
Permission to install submarine cable in Australian waters
Application is covered by paragraph 51(1)(b) of this Schedule
Install each international submarine cable
Permission to install each international submarine cable
Application is covered by paragraph 51(1)(c) of this Schedule
56(3) Grant or refusal of permit
(3) After considering the application, the ACMA may refuse to grant a protection zone installation permit.
Notification of refusal decision and reasons
56(4) Grant or refusal of permit
The ACMA must notify the applicant in writing of its decision and reasons.
ACMA must consider certain matters when deciding on a permit
57 Matters to which the ACMA must have regard in making a
ACMA must have regard to certain matters
57A Refusal of permit—security
Grant of protection zone installation permit to a carrier may be refused due to security concerns.
57A(1) Refusal of permit—security
A written direction may be given within a certain timeframe.
Timeframe for granting or refusing a permit.
The Home Affairs Minister considers the grant of the permit would be prejudicial to security.
AI may be used to support the decision-making process.
The Home Affairs Minister consults with the Prime Minister and the Minister administering the Act.
A written direction may be given not to grant the permit.
Prohibition of granting a protection zone installation permit.
The Home Affairs Minister considers that the grant would be prejudicial to security.
Carriers may be affected by the refusal of their permit.
A particular carrier may have its permit repeatedly refused.
Recurring refusal of permits based on security concerns.
The Home Affairs Minister considers that the grant of the permit would be prejudicial to security.
Comply with a direction under subclause (1)
57A(2) Refusal of permit—security
Cannot reconsider non-compulsory refusal to grant permit
57A(3) Refusal of permit—security
Prohibits reconsideration of non-compulsory refusal
Application lapses if permit application is pending when direction given.
57A(4) Refusal of permit—security
The application overlaps with the time of the direction.
Application overlaps with time of direction given.
(4) If an application for a protection zone installation permit is pending at the time when the Home Affairs Minister gives a direction to the ACMA under this clause, then the application lapses.
If the direction is given, then the application lapses.
Prohibits lapse of application if permit pending.
57A(5) Refusal of permit—security
...a refusal to grant a protection zone installation permit, other than a refusal that is required by this clause.
Defines temporal interval for non-compulsory refusal
...a protection zone installation permit, other than a refusal that is required by this clause.
Classifies refusal as non-compulsory using AI
...a refusal that is required by this clause.
Prohibits non-compulsory refusal of permit
non-compulsory refusal means a refusal to grant...
Diffuses definition of non-compulsory refusal
Defines recurring trace for non-compulsory refusal
58 Timing of decision on application
Decision must be made within a specified timeframe after receiving further information.
58(1) Timing of decision on application
The timeframe is between 25 business days and 35 business days.
A decision must be made within 25 business days or as specified by written notice.
The ACMA processes the further information.
Processing of further information by the ACMA.
The applicant gave the ACMA further information under subclause 55(1) in relation to the application.
Obligation to make a decision within a specified timeframe.
The ACMA must take all reasonable steps to ensure that a decision is made on the application.
Further information influences the decision-making process.
Influence of further information on decision-making.
The decision-making process is recursive and depends on the receipt of further information.
A decision must be made within a specified timeframe after receiving further information.
Decision must be made within a specified timeframe
58(2) Timing of decision on application
Prohibition on protection zone installation permit applications
58(3) Timing of decision on application
Prohibits carrier application for protection zone installation permit
58A Conditions of permit
Conditions for a protection zone installation permit
58A(1) Conditions of permit
ACMA may vary conditions covered by paragraph (1)(a) or (b)
58A(2) Conditions of permit
59 Duration of permit
6 Response to a request to declare a protection zone
ACMA must give person a copy of proposal if it decides to develop one
6(1) Response to a request to declare a protection zone
Proposal is given before request is received
ACMA must give proposal before person receives request
If ACMA decides to develop a proposal in response to the request; the ACMA must give the person a copy of its proposal
ACMA must give person a copy of proposal
Proposal development is optional for ACMA
If ACMA decides not to develop a proposal; the ACMA must give the person a copy of its proposal
Proposal is given when development decision is made
ACMA must give proposal if it decides to develop one
If ACMA decides to develop a proposal; the ACMA must give the person a copy of its proposal
Proposal is given only if development decision is made
ACMA may not give proposal if it decides not to develop one
ACMA must notify person of decision not to declare protection zone
6(2) Response to a request to declare a protection zone
60 Surrender of permit
61 Extension of permit
Holder of permit may apply to extend permit duration.
61(1) Extension of permit
Holder must provide reasons for requesting permit extension.
61(2) Extension of permit
ACMA must give written notice of decision and reasons.
61(3) Extension of permit
62 Suspension or cancellation of permit
62(1) Suspension or cancellation of permit
Temporal interval for suspension or cancellation
(1) The ACMA may suspend or cancel a protection zone installation permit by written notice to the holder of the permit...
Implication for suspension or cancellation
Recurring trace for suspension or cancellation
written notice, opportunity to submit matters
ACMA must provide written notice and opportunity to submit matters before suspending or cancelling a permit.
62(2) Suspension or cancellation of permit
The ACMA must give the holder 30 days' written notice before suspending or cancelling a permit.
63 Exemption from State and Territory laws
Exemption from State and Territory laws for submarine cable installation
63(1) Exemption from State and Territory laws
Exemption from State and Territory laws for cable installation
63(2) Exemption from State and Territory laws
...to Australia’s natural or cultural heritage
(b) the protection of places or items of significance...
Permission to install cable despite State/Territory laws
Permission to install cable despite local government powers
(c) the powers and functions of a local government body...
...the supply and distribution of extra-low voltage power systems
Permission to install cable despite fuel/power supply restrictions
(d) the supply of fuel or power, including...
Permission to install cable despite regulation-specific matters
(e) a matter specified in the regulations.
63(3) Exemption from State and Territory laws
63(4) Exemption from State and Territory laws
Carrier may apply for permit to install international submarine cables in non-protection zones and coastal waters.
64 Application for a permit to install an international submarine
65 Form of application etc.
Application must be in writing and in approved form.
65(1) Form of application etc.
(a) proposed route or routes, in Australian waters, of the submarine cable or cables specified in the application; (b) information about the ownership and control of the submarine cable or cables specified in the application; (c) any other relevant information.
65(2) Form of application etc.
Requires specific information to be provided during a certain time period
Requires specific information to be provided
65(3) Form of application etc.
66 Application to be accompanied by charge
67 Withdrawal of application
67A Notification of change of circumstances
67A(1) Notification of change of circumstances
67A(2) Notification of change of circumstances
Temporal relationship between notification and decision
After considering the notification, the ACMA must decide
67A(3) Notification of change of circumstances
68 Further information
Request for further information from applicant.
68(1) Further information
68(2) Further information
69 Grant or refusal of permit
Granting a non-protection zone installation permit
69(1) Grant or refusal of permit
69(3) Grant or refusal of permit
ACMA must notify applicant of decision and reasons.
69(4) Grant or refusal of permit
7 Decision not to declare a requested protection zone or to declare a
7(1) Decision not to declare a requested protection zone or to declare a
ACMA must declare a protection zone if requested and develops a proposal.
7(2) Decision not to declare a requested protection zone or to declare a
The proposal development must occur before the declaration.
(b) The ACMA develops a proposal for the protection zone in response to the request;
ACMA must develop a proposal for the requested protection zone.
(b) The ACMA develops a proposal for the protection zone in response to the request.
ACMA must respond to a person's request for a protection zone.
(a) A person requests the ACMA to declare a protection zone;
The declaration must occur before the development of the proposal.
(c) The ACMA declares a protection zone that is different from...
70 Consultation
Consultation before making a decision on an application for a non-protection zone installation permit.
70(1) Consultation
ACMA must consult certain persons before making a decision.
70(2) Consultation
ACMA must not grant permit while notice is in force.
70(3) Consultation
ACMA must consider specific factors when deciding on a permit
71 Matters to which the ACMA must have regard in making a
72A Refusal of permit—security
Grant of permit to carrier may be refused due to security concerns.
72A(1) Refusal of permit—security
72A(2) Refusal of permit—security
72A(3) Refusal of permit—security
Prohibits reconsideration of non-compulsory refusal to grant permit
73 Timing of decision on application
73(1) Timing of decision on application
The timeframe for making a decision is between 60 and 90 business days.
A decision must be made within 60 business days or as specified by written notice.
The process of making a decision is influenced by the receipt of further information.
Process of decision-making influenced by further information.
Further information influences the timeframe for making a decision.
The ACMA requests the applicant to give the ACMA further information under subclause 68(1) in relation to the application.
The process of making a decision is recursive and depends on the receipt of further information.
Decision on non-protection zone installation permit application must be made within a specified timeframe.
73(2) Timing of decision on application
Obligation to make decision within timeframe.
Extension of time for decision on application
73(3) Timing of decision on application
73(4) Timing of decision on application
73A Conditions of permit
Conditions for non-protection zone installation permits
73A(1) Conditions of permit
The installation is restricted to a specific temporal interval.
The relevant cable or cables must be installed within 926 metres of the route or routes specified by the ACMA in the permit.
It is obligatory to install the cable or cables within that distance.
It is obligatory to obtain regulatory approvals before installing the cable or cables.
Mandatory condition for regulatory approvals
A person acting on behalf of the carrier must not install the relevant cable or cables unless all Commonwealth regulatory approvals have been obtained for the installation.
It is obligatory to comply with security conditions specified by the ACMA.
Such conditions (if any) in relation to security as the ACMA specifies in the permit.
It is obligatory to comply with installation conditions specified by the ACMA.
Such conditions (if any) in relation to the installation of the relevant cable or cables as the ACMA specifies in the permit.
ACMA may vary conditions of permit by written notice
73A(2) Conditions of permit
74 Duration of permit
Permit is in force for a period of 18 months
75 Surrender of permit
76 Extension of permit
Holder may apply to extend permit duration.
76(1) Extension of permit
76(2) Extension of permit
76(3) Extension of permit
Suspension or cancellation of a non-protection zone installation permit
77 Suspension or cancellation of permit
...by written notice to the holder of the permit
Overlaps with Schedule 3A Protection of submarine cables
Schedule 3A Protection of submarine cables
Analyzes the relationship between ACMA and permit holders
Prohibits suspension or cancellation of a non-protection zone installation permit
Implies that suspension or cancellation is subject to ACMA's discretion
78 Application of this Division
Installation of international submarine cable must comply with conditions in this Division and any additional conditions imposed by a Code of Practice.
78(1) Application of this Division
...must be installed after commencement of this Division.
Installation of international submarine cable must be done after commencement of this Division.
(1) This Division applies to the installation...
...is an installation of an international submarine cable.
Installation of international submarine cable is an activity that requires human judgment.
...must comply with the conditions in this Division.
Obligation to comply with conditions in this Division and any additional conditions imposed by a Code of Practice.
...must comply with the conditions in this Division and any additional conditions imposed by a Code of Practice.
Installation of international submarine cable must comply with conditions in this Division and any additional conditions imposed by a Code of Practice, and must also meet other requirements.
...must be installed before the specified date.
Installation of international submarine cable must be done before a specified date.
(b) in Australian waters, other than coastal waters...
Conditions for installation of domestic submarine cable in a protection zone
78(2) Application of this Division
(2) This Division applies to the installation of a domestic submarine cable in a protection zone by, or on behalf of, a carrier.
Ensure minimal damage and inconvenience during installation.
79 Installation to do as little damage as practicable
8 Location of submarine cable to be specified in declaration
Specify a nominal location for the cable or cables in all Australian waters.
8(1) Location of submarine cable to be specified in declaration
Must specify location in geographic coordinates with geodetic datum
8(2) Location of submarine cable to be specified in declaration
Express location in geographic coordinates with geodetic datum
Ensure good engineering practice, safety of persons and property, and environmental protection.
80 Management of installation activities
Protect the safety of persons and property
Ensure compliance with industry standards for public safety.
81 Compliance with industry standards
Obligation to comply with industry standards.
Ensure compliance with international agreements
82 Compliance with international agreements
Australia's obligations under international agreements
83 Conditions specified in the regulations
83A Attorney-General’s consent required for certain enforcement
No application for injunction can be made without Attorney-General's consent under certain conditions.
83A(1) Attorney-General’s consent required for certain enforcement
No application can be made without consent.
Application for injunction must have Attorney-General's consent.
No proceeding can be instituted without the written consent of the Attorney-General for certain enforcement.
83A(2) Attorney-General’s consent required for certain enforcement
No proceeding can be instituted without the written consent of the Attorney-General.
Attorney-General must consider Australia's international law obligations when deciding to consent.
83A(3) Attorney-General’s consent required for certain enforcement
Attorney-General must consider Australia's international law obligations.
84 Installing an international submarine cable without a permit
Installing an international submarine cable without a permit is prohibited.
84(1) Installing an international submarine cable without a permit
The installation of an international submarine cable without a permit occurs during the period in which the person installs or causes to be installed the cable.
Prohibits the installation of an international submarine cable without a permit.
Prohibits the installation of an international submarine cable without a permit in Australian waters that are not in a protection zone and that are not coastal waters of a State or the Northern Territory.
(b) the cable is installed: (i) in Australian waters...
Prohibits the installation of an international submarine cable without a permit in a protection zone.
(b) the cable is installed: (ii) in a protection zone.
Prohibits the installation of an international submarine cable without a permit if the person does not have a permit under this Part authorising the installation of the cable in the place in which it is installed.
(c) the person does not have a permit...
84(2) Installing an international submarine cable without a permit
Installation of international submarine cable without permit is permitted for carriers with a permit.
84(3) Installing an international submarine cable without a permit
Permission to install cable without permit.
84A Installing a domestic submarine cable without a permit
Installing a domestic submarine cable without a permit is an offence.
84A(1) Installing a domestic submarine cable without a permit
Prohibits the installation of a domestic submarine cable without a permit.
Installing a domestic submarine cable without a permit is prohibited.
84A(2) Installing a domestic submarine cable without a permit
Installation of domestic submarine cable without permit is permitted if carrier has a permit.
84A(3) Installing a domestic submarine cable without a permit
Exemption for domestic submarine cables installed before commencement of the clause.
84A(4) Installing a domestic submarine cable without a permit
Granting permission for domestic submarine cables installed before commencement.
85 Breaching conditions of a permit
Breach of permit conditions results in an offence.
85(1) Breaching conditions of a permit
Prohibition of breach of permit conditions.
Obligation to comply with permit conditions.
Prohibition of conduct that breaches permit conditions.
(a) the carrier holds a permit under this Part authorising...
No proceeding can be commenced without written consent of the Attorney-General for certain cases.
85(2) Breaching conditions of a permit
No proceeding can be commenced without written consent.
86 Failing to comply with ACMA direction to remove an unlawfully
Installing a submarine cable in a protection zone or Australian waters without permission is prohibited.
86(1) Failing to comply with ACMA direction to remove an unlawfully
Failure to comply with ACMA direction results in an offence.
86(2) Failing to comply with ACMA direction to remove an unlawfully
Prohibits non-compliance with ACMA direction.
(2) A carrier who does not comply with a direction under subclause (1)
Imposes an obligation to comply with ACMA direction.
Allows ACMA to direct carriers to remove unlawfully placed items.
Establishes the causal relationship between non-compliance and committing an offence.
ACMA cannot give a direction to a carrier under certain conditions.
86(3) Failing to comply with ACMA direction to remove an unlawfully
Prevents ACMA from giving a direction to a carrier.
86A Failing to comply with ACMA direction to remove an
Installing a submarine cable in a protection zone without a permit is prohibited.
86A(1) Failing to comply with ACMA direction to remove an
Installing a submarine cable in a protection zone without a permit.
86A(2) Failing to comply with ACMA direction to remove an
86A(3) Failing to comply with ACMA direction to remove an
87 Compensation
87(1) Compensation
Compensation for damage to land and resources
87(2) Compensation
Imposes an obligation on the state to provide compensation
Defines a class of compensation that includes damage and resource-related claims
Court of competent jurisdiction includes the Federal Court.
87(3) Compensation
The Federal Court is included in the court of competent jurisdiction.
The Federal Court is part of the class hierarchy of courts of competent jurisdiction.
88 Compensation for acquisition of property
Carrier must pay reasonable compensation to a person if acquisition of property is not valid without compensation.
88(1) Compensation for acquisition of property
88(2) Compensation for acquisition of property
This clause does not limit the operation of clause 87.
88(3) Compensation for acquisition of property
Clause 87 operates regardless of this clause.
Clause 88(3) implies that clause 87 operates regardless of this clause.
88(4) Compensation for acquisition of property
89 Delegation by the Secretary of the Attorney-General’s
89(1) Delegation by the Secretary of the Attorney-General’s
Delegate must comply with directions of the Secretary of the Attorney-General’s Department.
89(2) Delegation by the Secretary of the Attorney-General’s
9 Area of a protection zone
Defines protection zone area for one submarine cable
9(1) Area of a protection zone
protection zone in relation to one submarine cable
Defines the area of a protection zone for one submarine cable in relation to Australian waters.
9(2) Area of a protection zone
the area within 1,852 metres either side of the points on the surface of the sea above the nominal location of the cable
Defines the temporal interval for the protection zone
(2) The protection zone in relation to one submarine cable:
the area within 1,852 metres either side of the points on the surface of the sea above the nominal location of the cable or the waters beneath that area
Defines alternative areas for the protection zone
9(3) Area of a protection zone
Defines the area of a protection zone for multiple submarine cables in Australian waters.
9(4) Area of a protection zone
Defines a temporal interval for the protection zone
(i) the area between the nominal location of the cables; and (ii) the area within 1,852 metres from the outside edge of the points on the surface of the sea above the nominal location of each of the two outermost cables
9(5) Area of a protection zone
Defines nominal location for submarine cables within a protection zone.
9(6) Area of a protection zone
Temporal interval for submarine cable nominal location
Temporal interval defined by declaration of protection zone
Nominal location for submarine cables within a protection zone
Nominal location is specified in the declaration of the protection zone
90 Delegation by the Home Affairs Secretary
90(1) Delegation by the Home Affairs Secretary
Delegate must comply with directions of the Home Affairs Secretary.
90(2) Delegation by the Home Affairs Secretary
Delegation by the Home Affairs Secretary
Directions of the Home Affairs Secretary
1 Reviewable decisions of the ACMA
Enhancing Online Safety for Children Amendment Act 2017
1 July 2016 (s 2(1)
1 Mar 2021
1 Mar 2019
Transitional Provisions and Consequential Amendments
Amendment of Sch 4 by Omnibus Repeal Day (Autumn 2014) Act
1 Apr 2005
1 Jan 2006 (see
1 Mar 2010
Prohibits Do Not Call Register legislation amendment
Cybercrime Legislation Amendment Act 2012
1 July 2012 (s 2(1)
Conditional commencement of Sch 6 items 10–12
1 July 2015 (s 2(1)
Conditional commencement of Broadcasting Services Amendment Act (No. 1)
10 Dec
Conditional commencement of the Telecommunications Competition Act 2002
10 Sept
Omnibus Repeal Day (Autumn 2014) Act 2014
Statute Law Amendment (Prescribed Forms and Other Updates) Act 74, 2023
Describes the type of obligation or prohibition
11 Dec
11 Dec 1998
11 June
11 Nov
11 Feb
Conditional commencement of Home Affairs and Integrity Agencies Legislation Amendment Act 2018
11 Apr
Requires a relation between identifiable temporal intervals for conditional commencement
Commencement and application details for Act 2022
Conditional commencement of certain sections
Requires relation between identifiable temporal intervals
12 Dec
12 Apr
Conditional commencement of Acts Interpretation Amendment Act 2011
Requires relation between identifiable temporal intervals for commencement
12 Sept
12 Nov
Commencement of amendments to the Telecommunications Act 1997
Commencement of Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010
13 July
13 Apr
13 Dec
The commencement date is specified in s 2(1)
15 Dec
Amendment of Sch 1 and Sch 2 by Statute Law Revision Act 2002
16 Dec
16 July
Schedule 9 (item 192) of the Telecommunications Act 1997
16 Aug
16 Oct
16 Nov
16 Apr
16 Feb
Conditional commencement on July 1, 1998
17 June
17 Dec
Prohibition on damaging submarine cables
17 Nov 2009 (s 2)
Conditional commencement of the Telecommunications Amendment (Infrastructure in New Developments) Act 2021
Consequential Amendments and Transitional Provisions
18 May
Amendment by Territories Legislation Amendment Act 2016
18 June 2015 (s 2(1)
18 Sept
Amendment of Home Affairs and Integrity Agencies Legislation
18 Sept 2018 (s 2(1)
Item 6 of Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018
Consequential and Transitional Provisions
19 Dec
Decisions to which section 556 does not apply
2 Decisions to which section 556 does not apply
2 Dec 2021
20 Mar
20 Apr
20 July
Conditional commencement of Telecommunications (Interception and Access) Amendment Act
Consequential Amendments for Enhancing Online Safety for Children Act 2015
20 Sept
20 May
Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Act 2024
Privacy Amendment (Private Sector) Act 155, 2000
21 Dec
US Free Trade Agreement Implementation Act
21 Apr 2004
Must implement the US Free Trade Agreement
Conditional commencement of the Telecommunications Amendment (Integrated Public Number Database) Act 2009
21 Nov
Commencement of transitional provisions and consequential amendments
22 Apr
Consequential and transitional provisions for the Australian Communications and Media Authority Act 2005
22 Feb
Imposes a duty on the State to implement consequential and transitional provisions
References specific sections of the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011
22 Mar
22 Sept
22 June
22 May
Telecommunications (Consumer Protection and Service Standards) Amendment Act (No. 2)
23 Dec
Schedules 1 and 2: 1 Jan 2004 (see s. 2(1) and Gazette 2003, No. GN47)
23 Sept
23 Aug
Schedule 3: Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 119, 2005
23 Mar
23 June 2017 (s 2(1)
23 July
Temporal interval during which the provision applies
Implication of the provision on other laws
Relationship between the provision and AI systems
Diffusion of the provision to related laws
24 Oct
Prohibition on certain telecommunications activities
24 Mar
Prohibits certain telecommunications activities
25 Feb
Mandatory commencement of certain provisions on specific dates.
25 May
26 Mar
26 May
26 Sept
27 Nov
27 May 2008 (s 2)
Statute Stocktake (Regulatory and Other Laws) Act 2009
27 Mar 2009 (s 2)
27 June
Remains in effect until September 26, 2011
27 Sept 2011
Telecommunications Legislation Amendment (Submarine Cable Protection) Act 2014
27 May
Conditional commencement of the Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Act 2025
27 Mar
Requires a relation between identifiable temporal intervals
Conditional commencement of Statute Law Revision Act 2002
28 June
Conditional commencement of Sch 1 (items 57–68)
28 Sept
28 Feb
29 June
29 Nov
29 Mar
National Broadband Network Companies Amendment (Commitment to Public Ownership) Act 2025
3 May 1997
3 July 2002
3 May 2006
3 Dec 2012
Privacy Amendment (Enhancing Privacy Protection) Act 2012
Conditional commencement of Telecommunications Legislation Amendment Act 1997
30 June
Do Not Call Register (Consequential Amendments) Act 2006
Freedom of Information Amendment (Reform) Act 2010
Classification of legislative provisions
Amendment of Sch 14 by Public Governance and Resources Legislation Amendment Act (No. 1) 2015
Conditional commencement of legislation amendment act
30 Oct
Establishment of the Australian Signals Directorate
Requires relation between identifiable temporal intervals for conditional commencement
31 May
Conditional commencement of certain provisions
Conditional commencement of the Telecommunications Amendment (SMS Sender ID Register) Act 2024
Strengthening Oversight of the National Intelligence Community Act 2025
Amendment history for Telecommunications Act 1997
4 Dec 2025
Commencement of Environmental Reform (Consequential Provisions) Act 1999
5 July 1999
Repeals, Consequentials and Transitionals Act 2001
5 June 2001
Amendment of certain items in Sch 1 and Sch 3
5 Mar 2015
5 Sept
Item 1 of Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024
Sch 3 (items 77–82) and Sch 4 (items 21–29)
7 Aug 2019
8 Dec 2006
8 Dec 2018
Conditional commencement of Defence Legislation Amendment (2017 Measures No. 1) Act
9 May 2018
Conditionally commenced on 18 Sept 2018 (s 2(1) item 6)
Classifies the legal effect as Undertaking
No clear duty, ban conduct, grant permission, or create a right
Requires ordered or recurring trace for conditional commencement
Conditionally commenced on 11 May 2018 (s 2(1) item 7)
Compilation information and notes on amendments, applications, saving, transitional provisions, editorial changes, presentational changes, modifications, and self-repealing provisions.
4 June 2026
Requires temporal intervals for the compilation date and amendment history.
Classifies the compilation as a descriptive logic application.
Telecommunications Act 1997