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