Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 5

Simplified outline

    The following is a simplified outline of this Act:

  This Act sets up a system for regulating telecommunications.

  The main entities regulated by this Act are carriers and service providers .

  A carrier is the holder of a carrier licence granted under this Act.

  The owner of a network unit that is used to supply carriage services to the public must hold a carrier licence unless responsibility for the unit is transferred from the owner to a carrier.

  There are 4 types of network unit :

  (a)   a single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements;

  (b)   multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements;

  (c)   a designated radiocommunications facility;

  (d)   a facility specified in a Ministerial determination.

  Carrier licences are subject to conditions .

  There are 2 types of service provider :

  (a)   a carriage service provider;

  (b)   a content service provider.

  A carriage service provider is a person who supplies, or proposes to supply, certain carriage services.

  A content service provider is a person who supplies, or proposes to supply, certain content services.

  Service providers must comply with the service provider rules .

  The Australian Communications and Media Authority ( ACMA ) is to monitor, and report each year to the Minister on, significant matters relating to the performance of carriers and carriage service providers.

  Bodies and associations that represent sections of the telecommunications industry, the telemarketing industry or the fax marketing industry may develop industry codes .

  Industry codes may be registered by the ACMA.

  Compliance with an industry code is voluntary unless the ACMA directs a particular participant in the telecommunications industry, the telemarketing industry or the fax marketing industry to comply with the code.

  The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.

  Compliance with industry standards is mandatory .

  Carriers and carriage service providers must protect the confidentiality of communications.

  The ACMA, carriers and carriage service providers must do their best to prevent telecommunications networks and facilities from being used to commit offences.

  Carriers and carriage service providers must do their best to protect telecommunications networks and facilities from unauthorised interference or unauthorised access.

  Carriers and carriage service providers must ensure that it is possible to execute a warrant issued under the Telecommunications (Interception and Access) Act 1979 .

  Carriage service providers may be required to supply carriage services for defence purposes or for the management of natural disasters .

  A carrier or carriage service provider may be required to enter into an agreement with the Commonwealth about:

  (a)   planning for network survivability; or

  (b)   operational requirements in times of crisis.

  The ACMA may require certain carriers and carriage service providers to provide pre - selection in favour of carriage service providers in relation to calls made using a standard telephone service.

  The ACMA must require certain carriers and carriage service providers to provide pre - selection in favour of carriage service providers in relation to calls made using a declared carriage service.

  Carriers and carriage service providers may be required to comply with certain international conventions.

  The Minister may make Rules of Conduct about dealings with international telecommunications operators.

  Provision is made for the technical regulation of customer equipment, customer cabling and cabling work.

  Numbering may be administered by a numbering scheme manager or by the ACMA.

  Provision is made for standard agreements for the supply of carriage services.

  The ACMA and the ACCC may hold public inquiries about certain matters relating to telecommunications.

  The ACMA may investigate certain matters relating to telecommunications.

  Certain switching systems must be capable of providing calling line identification .

  Provision is made for the following ancillary matters:

  (a)   information - gathering powers;

  (b)   powers of search, entry and seizure;

  (c)   review of decisions;

  (d)   injunctions.



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