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TELECOMMUNICATIONS ACT 1997 - SECT 594

Regulations

  (1)   The Governor - General may make regulations prescribing matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  (2)   The regulations may prescribe penalties, not exceeding 10 penalty units, for offences against the regulations.

  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 have a duty to do their best to protect telecommunications networks and facilities from unauthorised interference, or unauthorised access, for the purposes of security. Carriers and certain carriage service providers must notify changes to telecommunications services or telecommunications systems that are likely to have a material adverse effect on their capacity to comply with this duty.

  The ACMA, carriers and carriage service providers must give the authorities such help as is reasonably necessary for the purposes of:

  (a)   enforcing the criminal law and laws imposing pecuniary penalties; and

  (b)   protecting the public revenue; and

  (c)   safeguarding national security.

  A carriage service provider may suspend the supply of a carriage service in an emergency if requested to do so by a senior police officer.

  The Home Affairs Minister may give directions to a carrier or a carriage service provider in certain circumstances where certain activities may be prejudicial to security.

  The Home Affairs Secretary may obtain information from carriers, carriage service providers and carriage service intermediaries if the information is relevant to assessing compliance with the duty of those persons to protect telecommunications networks and facilities from unauthorised interference or unauthorised access.

  The Director - General of Security, the Director - General of the Australian Secret Intelligence Service, the Director - General of the Australian Signals Directorate or the chief officer of an interception agency may give a technical assistance request to a designated communications provider.

  A technical assistance request may ask the provider to do acts or things on a voluntary basis that are directed towards ensuring that the provider is capable of giving certain types of help to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency in relation to:

  (a)   in the case of ASIO--safeguarding national security; or

  (b)   in the case of the Australian Secret Intelligence Service--the interests of Australia's national security, the interests of Australia's foreign relations or the interests of Australia's national economic well - being; or

  (c)   in the case of the Australian Signals Directorate--providing material, advice and other assistance on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; or

  (d)   in the case of an interception agency--enforcing the criminal law, so far as it relates to serious Australian offences; or

  (e)   in the case of an interception agency--assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences.

  A technical assistance request may ask the provider to give help to ASIO, the Australian Secret Intelligence Service, the Australian Signals Directorate or an interception agency on a voluntary basis in relation to:

  (a)   in the case of ASIO--safeguarding national security; or

  (b)   in the case of the Australian Secret Intelligence Service--the interests of Australia's national security, the interests of Australia's foreign relations or the interests of Australia's national economic well - being; or

  (c)   in the case of the Australian Signals Directorate--providing material, advice and other assistance on matters relating to the security and integrity of information that is processed, stored or communicated by electronic or similar means; or

  (d)   in the case of an interception agency--enforcing the criminal law, so far as it relates to serious Australian offences; or

  (e)   in the case of an interception agency--assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences.

  The Director - General of Security or the chief officer of an interception agency may give a designated communications provider a notice, to be known as a technical assistance notice, that requires the provider to do acts or things by way of giving certain types of help to ASIO or the agency in relation to:

  (a)   enforcing the criminal law, so far as it relates to serious Australian offences; or

  (b)   assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

  (c)   safeguarding national security.

  The Attorney - General may give a designated communications provider a notice, to be known as a technical capability notice.

  A technical capability notice may require the provider to do acts or things directed towards ensuring that the provider is capable of giving certain types of help to ASIO or an interception agency in relation to:

  (a)   enforcing the criminal law, so far as it relates to serious Australian offences; or

  (b)   assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

  (c)   safeguarding national security.

  A technical capability notice may require the provider to do acts or things by way of giving certain types of help to ASIO or an interception agency in relation to:

  (a)   enforcing the criminal law, so far as it relates to serious Australian offences; or

  (b)   assisting the enforcement of the criminal laws in force in a foreign country, so far as those laws relate to serious foreign offences; or

  (c)   safeguarding national security.

  (3)   A failure to comply with a determination under subsection   (1) does not affect the validity of a technical capability notice.

  A carriage service provider may be required to supply a carriage service 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.

  A carrier licence condition or a service provider rule may deal with compliance with a disaster plan.

  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.

  Pre - selection must include over - ride dial codes for selecting alternative carriage service providers on a call - by - call basis.

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

  The statutory infrastructure provider for a service area must, on reasonable request by a carriage service provider on behalf of an end - user at premises in the service area, connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide qualifying carriage services to the end - user at the premises.

  A statutory infrastructure provider must comply with standards, benchmarks and rules determined by the Minister.

  A statutory infrastructure provider must publish the terms and conditions on which it offers to:

  (a)   connect premises; or

  (b)   supply related eligible services to carriage service providers.

  There are 4 types of service area, as follows:

  (a)   an interim NBN service area;

  (b)   the general service area;

  (c)   a nominated service area;

  (d)   a designated service area.

  Interim NBN service areas exist only before the designated day.

  The general service area exists only after the start of the designated day.

  An NBN corporation will be the statutory infrastructure provider for an interim NBN service area.

  NBN Co will be the statutory infrastructure provider for the general service area.

  A nominated service area is an area that is attributable to:

  (a)   a declaration made by a carrier; or

  (b)   certain carrier licence conditions declarations made by the Minister.

  The statutory infrastructure provider for a nominated service area that is attributable to a declaration made by a carrier will be:

  (a)   the carrier; or

  (b)   another carrier declared by the Minister.

  The statutory infrastructure provider for a nominated service area that is attributable to a carrier licence conditions declaration will be:

  (a)   the carrier to whom the carrier licence conditions declaration applies; or

  (b)   another carrier declared by the Minister.

  A designated service area is an area declared by the Minister.

  The statutory infrastructure provider for a designated service area will be a carrier declared by the Minister.

  Nominated service areas and designated service areas are excluded from interim NBN service areas and the general service area.

  Designated service areas are excluded from nominated service areas.

  The Minister may give directions to the Signatories to the INTELSAT Agreement and the Inmarsat Convention.

  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.

  If a real estate development project is specified in a legislative instrument made by the Minister, a person must not install a line in the project area unless the line is an optical fibre line.

  A person must not install a fixed - line facility in the project area for a real estate development project unless the facility is a fibre - ready facility.

  If the developer of a real estate development project is a constitutional corporation, the developer must not, in the course of carrying out the project, sell or lease a building lot or building unit unless a functional fibre - ready facility is installed in proximity to the lot or unit.

  If the developer of a real estate development project in a Territory is not a constitutional corporation, the developer must not, in the course of carrying out the project, sell or lease a building lot or building unit unless a functional fibre - ready facility is installed in proximity to the lot or unit.

  If the developer of a real estate development project in a State is not a constitutional corporation, the developer must not, in the course of carrying out the project, sell or lease a building lot or building unit unless a functional fibre - ready facility is installed in proximity to the lot or unit.

  These rules are subject to any exemptions specified in a legislative instrument made by the Minister.

  A third party access regime applies to fixed - line facilities owned or operated by a person other than a carrier.

  The ACMA may make the following types of standards:

  (a)   technical standards about customer equipment and customer cabling;

  (b)   standards relating to the features of customer equipment that are designed to cater for the special needs of persons with disabilities;

  (c)   technical standards about the interconnection of facilities;

  (d)   technical standards relating to Layer 2 bitstream services.

  The ACMA may require customer equipment and customer cabling to be labelled so as to indicate compliance with standards.

  The ACMA may issue connection permits, and make connection rules, authorising the connection of customer equipment and customer cabling that does not comply with the labelling requirements.

  A label may include a compliance symbol. The unauthorised use of compliance symbols is prohibited.

  The ACMA may grant cabling licences, and make cabling provider rules, authorising the performance of cabling work.

  Civil actions may be instituted for unlawful or dangerous connections of customer equipment or customer cabling.

  Dangerous equipment and cabling may be disconnected from networks.

  The ACMA may prohibit the supply or possession of dangerous equipment or cabling.

  The numbering of carriages services in Australia, and the use of numbers in connection with the supply of such services, may either be:

  (a)   managed by a numbering scheme manager determined by the Minister; or

  (b)   administered by the ACMA under a numbering plan.

  Numbers may be allocated to carriage service providers:

  (a)   in accordance with an allocation system; or

  (b)   otherwise than in accordance with such a system.

  The ACMA will specify emergency service numbers.

  The ACMA and the ACCC may give directions to managers of electronic addressing so long as the electronic addressing is of public importance.

  The terms and conditions on which certain telecommunications - related goods and services are supplied are:

  (a)   as agreed between the supplier and the customer; or

  (b)   failing agreement, set out in a standard form of agreement formulated for the purposes of this Part.

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

  The ACMA may investigate certain matters relating to telecommunications.

  The ACMA may obtain information from carriers, service providers and other persons if the information is relevant to:

  (a)   the performance of any of the ACMA's telecommunications functions; or

  (b)   the exercise of any of the ACMA's telecommunications powers.

  The ACMA may make record - keeping rules that apply to carriers and carriage service providers.

  A person may be appointed as an inspector.

  Searches relating to offences against Part   21 (technical regulation) may be conducted:

  (a)   under the authority of a search warrant; or

  (b)   with the consent of the owner or occupier concerned; or

  (c)   in an emergency.

  Searches to monitor compliance with Part   21 (technical regulation) may be conducted with the consent of the occupier concerned.

  Searches relating to breaches of the Spam Act 2003   may be conducted:

  (a)   under the authority of a search warrant; or

  (b)   with the consent of the owner or occupier concerned.

  Searches to monitor compliance with the Spam Act 2003   may be conducted:

  (a)   under the authority of a monitoring warrant; or

  (b)   with the consent of the occupier concerned.

  An inspector may require the production of a carrier licence.

  An inspector may require the giving of certain information, and the production of certain documents, relevant to compliance with the Spam Act 2003 or Part   21 of this Act (technical regulation).

  A court may order forfeiture of goods used or otherwise involved in the commission of an offence against this Act.

  Certain decisions of the ACMA may be reviewed by the Administrative Appeals Tribunal following a process of internal reconsideration by the ACMA.

  The Federal Court may grant injunctions in relation to contraventions of:

  (a)   this Act; or

  (b)   the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

  (c)   regulations under that Act.

  Pecuniary penalties are payable for contraventions of civil penalty provisions.

  A person may give the ACMA or the Home Affairs Minister an enforceable undertaking about compliance with this Act.

  This Part sets up a system of infringement notices for contraventions of civil penalty provisions as an alternative to the institution of court proceedings.

  This Part deals with the proof of matters that involve employees, agents etc.

  Telstra may give the following undertakings:

  (a)   an undertaking about structural separation;

  (b)   an undertaking about hybrid fibre - coaxial networks;

  (c)   an undertaking about subscription television broadcasting licences.

  An undertaking about structural separation applies to certain designated Telstra successor companies.

  An undertaking comes into force when it is accepted by the ACCC.

  The Minister may, by legislative instrument, determine that the excluded spectrum regime applies to Telstra. If the Minister does so, Telstra will not be allowed to supply services using a designated part of the spectrum unless all 3 undertakings given by Telstra are in force.

  However, the Minister may exempt Telstra from the requirement to have an undertaking about hybrid fibre - coaxial networks or subscription television broadcasting licences if the Minister is satisfied that Telstra's undertaking about structural separation is sufficient to address concerns about the degree of Telstra's power in telecommunications markets.

  The ACMA is to have regard to certain international obligations when performing its telecommunications functions and exercising its telecommunications powers.

  The ACMA may give directions to a carrier or a service provider in connection with the ACMA's performance of its telecommunications functions or the exercise of its telecommunications powers.

  The eSafety Commissioner may give directions to a carrier or a service provider in connection with the Commissioner's performance of his or her functions or the exercise of his or her powers.

  This Part sets out a mechanism for identifying Telstra successor companies and designated Telstra successor companies.

  If a Telstra successor company or a designated Telstra successor company transfers the whole or part of a telecommunications business, the company must notify the ACMA of the transfer.

  If a Telstra successor company or a designated Telstra successor company proposes to transfer the whole or part of a prescribed business and the transferee is not a constitutional corporation, the company must notify the ACMA of the proposed transfer.

  If a Telstra successor company or a designated Telstra successor company transfers a telecommunications asset, the company must notify the ACMA of the transfer.

  If a Telstra successor company or a designated Telstra successor company proposes to transfer a prescribed asset and the transferee is not a constitutional corporation, the company must notify the ACMA of the proposed transfer.

  If a group of companies includes a carrier, a company (other than a carrier) that is in the group must:

  (a)   provide carriers with access to facilities; and

  (b)   provide carriers with access to telecommunications transmission towers.

  Provision is made in relation to continuing offences.

  Partnerships are to be treated as persons for the purposes of this Act, the Spam Act 2003 , regulations under the Spam Act 2003 , the Do Not Call Register Act 2006 , regulations under the Do Not Call Register Act 2006 , the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

  Provision is made in relation to the service of documents.

  Instruments under this Act, the Spam Act 2003 , the Do Not Call Register Act 2006 or the Telecommunications (Consumer Protection and Service Standards) Act 1999 may apply, adopt or incorporate certain other instruments.

  An arbitration under this Act or the Telecommunications (Consumer Protection and Service Standards) Act 1999 must not result in the acquisition of property otherwise than on just terms.

  In order to provide a constitutional safety - net, compensation is payable in the event that the operation of this Act, the Spam Act 2003 , regulations under the Spam Act 2003 , the Do Not Call Register Act 2006 , regulations under the Do Not Call Register Act 2006 , the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act results in the acquisition of property otherwise than on just terms.

  This Act, the Spam Act 2003 , regulations under the Spam Act 2003 , the Do Not Call Register Act 2006 , regulations under the Do Not Call Register Act 2006 , the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under the Telecommunications (Consumer Protection and Service Standards) Act 1999 do not affect the performance of State or Territory functions.

  The Minister may make grants of financial assistance to consumer bodies for purposes in connection with the representation of the interests of consumers in relation to telecommunications issues.

  The Minister may make grants of financial assistance for purposes in connection with research into the social, economic, environmental or technological implications of developments relating to telecommunications.

  Losses incurred by Optus Networks before 1   February 1992 may not be claimed as deductions.

  The Governor - General may make regulations for the purposes of this Act.

 

Commonwealth Coat of Arms of Australia

Telecom munications Act 1997

No.   47, 1997

Compilation No.   109

Compilation date:   11 October 2023

Includes amendments up to:   Act No. 73, 2023

Registered:   27 October 2023

This compilation is in 3 volumes

Volume 1:   sections   1- 310

Volume 2:   sections   311- 594

Volume 3:   Schedules

  Endnotes

Each volume has its own contents

This compilation includes commenced amendments made by Act No. 17, 2023

About this compilation

This compilation

This is a compilation of the Telecommunications Act 1997 that shows the text of the law as amended and in force on 11 October 2023 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Schedule   1--Standard carrier licence conditions

Part   1--Compliance with this Act

1   Compliance with this Act

Part   3--Access to supplementary facilities

16   Simplified outline

17   Access to supplementary facilities

18   Terms and conditions of access

19   Ministerial pricing determinations

Part   4--Access to network information

20   Simplified outline

21   Access to network information

22   Access to information in databases

23   Access to network planning information

24   Access to information about likely changes to network facilities--completion success rate of calls

25   Access to quality of service information etc.

26   Security procedures

27   Terms and conditions of compliance

27A   Code relating to access to information

28   Ministerial pricing determinations

29   Consultation about reconfiguration etc.

29A   Code relating to consultation

Part   5--Access to telecommunications transmission towers and to underground facilities

30   Simplified outline

31   Definitions

32   Extended meaning of access

33   Access to telecommunications transmission towers

34   Access to sites of telecommunications transmission towers

35   Access to eligible underground facilities

36   Terms and conditions of access

37   Code relating to access

38   Industry co - operation about sharing of sites and eligible underground facilities

39   This Part does not limit Part   3 of this Schedule

Part   6--Inspection of facilities etc.

40   Simplified outline

41   Records relating to underground facilities

42   Regular inspection of facilities

43   Prompt investigation of dangerous facilities

44   Remedial action

Part   7--Any - to - any connectivity

44A   Simplified outline

45   Definitions

46   Carriers must obtain designated interconnection services from carriage service providers for the purpose of ensuring any - to - any connectivity

47   Designated interconnection services

Part   9--Functional separation of Telstra

Division   1--Introduction

68   Simplified outline

69   Definitions

70   Declared network services

71   Regulated services

72   Notional contracts

Division   2--Functional separation undertaking

73   Contents of draft or final functional separation undertaking

74   Functional separation principles

75   Functional separation requirements determination

76   Draft functional separation undertaking to be given to Minister

77   Approval of draft functional separation undertaking by Minister

78   Time limit for making an approval decision

79   Effect of approval

80   Variation of final functional separation undertaking

81   Publication of final functional separation undertaking

82   Compliance with final functional separation undertaking

Part   10--Control and use by Telstra of certain spectrum licences

Division   1--Introduction

83   Simplified outline

Division   2--Control and use by Telstra of certain spectrum licences

84   Control by Telstra of certain spectrum licences

85   Use by Telstra of certain spectrum licences

Division   3--Other provisions

86   Associate

87   Control

88   When Telstra is in a position to exercise control of a spectrum licence

Schedule   2--Standard service provider rules

Part   1--Compliance with this Act

1   Compliance with this Act

Part   2--Operator services

2   Simplified outline

3   Scope of Part

4   Operator services must be provided to end - users of a standard telephone service

5   Access to end - users of other carriage service providers

Part   3--Directory assistance services

6   Simplified outline

7   Directory assistance services must be provided to end - users

8   Access by end - users of other carriage service providers

Part   4--Integrated public number database

9   Simplified outline

10   Carriage service providers must give information to Telstra Limited

11   Carriage service providers must give information to another person or association

Part   5--Itemised billing

12   Simplified outline

13   Itemised billing

14   Exemptions from itemised billing requirements

15   Details that are not to be specified in an itemised bill

Part   6--Priority assistance

16   Simplified outline

17   Priority assistance industry code

18   Compliance with the priority assistance industry code

19   Information for prospective residential customers of a carriage service provider who does not offer priority assistance

20   Requirements for Telstra Limited and Telstra

Schedule   3--Carriers' powers and immunities

Part   1--General provisions

Division   1--Simplified outline and definitions

1   Simplified outline

2   Definitions

3   Designated overhead line

4   Extension to a tower to be treated as the installation of a facility

Division   2--Inspection of land

5   Inspection of land

Division   3--Installation of facilities

6   Installation of facilities

Division   4--Maintenance of facilities

7   Maintenance of facilities

Division   5--Conditions relating to the carrying out of authorised activities

8   Carrier to do as little damage as practicable

8A   Carrier to remove temporary facilities

8B   Low - impact facility installed at or near a venue--annual limit

8C   Low - impact facility installed to provide additional capacity during a high - demand holiday period--annual limit

9   Carrier to restore land--general

9A   Carrier to restore land--removal of temporary facilities

10   Management of activities

11   Agreements with public utilities

12   Compliance with industry standards

13   Compliance with international agreements

14   Conditions specified in the regulations

15   Conditions specified in a Ministerial Code of Practice

16   Conditions to which a facility installation permit is subject

17   Notice to owner of land--general

18   Notice to owner of land--lopping of trees etc.

19   Notice to roads authorities, utilities etc.

20   Roads etc. to remain open for passage

Division   6--Facility installation permits

21   Application for facility installation permit

22   Form of application

23   Application to be accompanied by charge

24   Withdrawal of application

25   Issue of facility installation permit

26   Deemed refusal of facility installation permit

27   Criteria for issue of facility installation permit

28   Special provisions relating to environmental matters

29   Consultation with the ACCC

30   Facility installation permit has effect subject to this Act

31   Duration of facility installation permit

32   Conditions of facility installation permit

33   Surrender of facility installation permit

34   Cancellation of facility installation permit

35   Review of decisions by Administrative Appeals Tribunal

Division   7--Exemptions from State and Territory laws

36   Activities not generally exempt from State and Territory laws

37   Exemption from State and Territory laws

38   Concurrent operation of State and Territory laws

39   Liability to taxation not affected

Division   8--Miscellaneous

41   Guidelines

42   Compensation

43   Power extends to carrier's employees etc.

44   State and Territory laws that discriminate against carriers and users of carriage services

45   State and Territory laws may confer powers and immunities on carriers

46   ACMA may limit tort liability in relation to the supply of certain carriage services

47   Ownership of facilities

48   ACMA may inform the public about designated overhead lines, telecommunications transmission towers and underground facilities

50   Monitoring of progress in relation to placing facilities underground

51   Removal of certain overhead lines

52   Commonwealth laws not displaced

53   Subdivider to pay for necessary alterations

54   Service of notices

Part   2--Transitional provisions

60   Existing buildings, structures and facilities--application of State and Territory laws

61   Existing buildings, structures and facilities--application of the common law

Part   3--Compensation for acquisition of property

62   Compensation for acquisition of property

63   Application of this Part

Schedule   3A--Protection of submarine cables

Part   1--Preliminary

1   Simplified outline

2   Definitions

2A   Extension to offshore areas

2AA   Operation in Greater Sunrise special regime area

2B   Submarine cable installed in a protection zone

Part   2--Protection zones

Division   1--Simplified outline

3   Simplified outline

Division   2--Declaration of protection zones

Subdivision A--Declarations

4   ACMA may declare a protection zone

5   Declaration on ACMA's initiative or in response to request

6   Response to a request to declare a protection zone

7   Decision not to declare a requested protection zone or to declare a different protection zone

8   Location of submarine cable to be specified in declaration

9   Area of a protection zone

10   Prohibited activities

11   Restricted activities

12   Conditions

13   When a declaration takes effect

14   Duration of declaration

Subdivision B--Prerequisites to declaration of a protection zone

15   ACMA to develop a proposal for a protection zone

17   ACMA to publish proposal etc.

17A   ACMA to publish summary of proposal

18   Cable must be a submarine cable of national significance

19   Consultation with Environment Secretary

20   Matters the ACMA must have regard to

21   Environment and heritage considerations

22   Deadline for final decision about protection zone

Division   3--Varying or revoking a declaration of a protection zone

Subdivision A--Variation or revocation

23   ACMA may vary or revoke a declaration of a protection zone

24   Variation or revocation on ACMA's initiative or in response to request

25   ACMA to notify affected carrier of request to vary or revoke a declaration

26   Response to a request to vary or revoke a declaration

27   Decision not to vary or revoke a declaration after a request to do so

28   When a variation or revocation takes effect

29   Protection zone as varied must not exceed permitted area

Subdivision B--Prerequisites to variation or revocation of declaration

30   ACMA to develop a variation or revocation proposal

32   ACMA to publish proposal etc.

32A   ACMA to publish summary of proposal

33   Consultation with Environment Secretary

34   Matters the ACMA must have regard to

35   Deadline for final decision about varying or revoking a protection zone

Division   4--Offences in relation to a protection zone

Subdivision A--Damaging a submarine cable

36   Damaging a submarine cable

37   Negligently damaging a submarine cable

38   Defence to offences of damaging a submarine cable

39   Master or owner of ship used in offence of damaging a submarine cable

Subdivision B--Engaging in prohibited or restricted activities

40   Engaging in prohibited or restricted activities

41   Aggravated offence of engaging in prohibited or restricted activities

42   Defences to offences of engaging in prohibited or restricted activities

43   Alternative verdict if aggravated offence not proven

44   Master or owner of ship used in offence of engaging in prohibited or restricted activities

Subdivision C--Foreign nationals and foreign ships

44A   Foreign nationals and foreign ships

Division   5--Miscellaneous

45   Person may claim damages

46   Indemnity for loss of anchor etc.

47   ACMA to notify relevant authorities of declaration, variation etc. of protection zone

48   Notice if carrier decommissions a submarine cable

Part   3--Permits to install submarine cables

Division   1--Simplified outline

50   Simplified outline

Division   2--Protection zone installation permits

51   Application for a protection zone installation permit

52   Form of application etc.

53   Application to be accompanied by charge

54   Withdrawal of application

54A   Notification of change of circumstances

55   Further information

55A   Consultation

56   Grant or refusal of permit

57   Matters to which the ACMA must have regard in making a decision about a permit

57A   Refusal of permit--security

58   Timing of decision on application

58A   Conditions of permit

59   Duration of permit

60   Surrender of permit

61   Extension of permit

62   Suspension or cancellation of permit

63   Exemption from State and Territory laws

Division   3--Non - protection zone installation permits

64   Application for a permit to install an international submarine cable in Australian waters (otherwise than in a protection zone or coastal waters)

65   Form of application etc.

66   Application to be accompanied by charge

67   Withdrawal of application

67A   Notification of change of circumstances

68   Further information

69   Grant or refusal of permit

70   Consultation

71   Matters to which the ACMA must have regard in making a decision about a permit

72A   Refusal of permit--security

73   Timing of decision on application

73A   Conditions of permit

74   Duration of permit

75   Surrender of permit

76   Extension of permit

77   Suspension or cancellation of permit

Division   4--Conditions applicable to the installation of submarine cables

78   Application of this Division

79   Installation to do as little damage as practicable

80   Management of installation activities

81   Compliance with industry standards

82   Compliance with international agreements

83   Conditions specified in the regulations

83A   Attorney - General's consent required for certain enforcement proceedings

Division   5--Offences in relation to installation of submarine cables

84   Installing an international submarine cable without a permit

84A   Installing a domestic submarine cable without a permit

85   Breaching conditions of a permit

86   Failing to comply with ACMA direction to remove an unlawfully installed international submarine cable

86A   Failing to comply with ACMA direction to remove an unlawfully installed domestic submarine cable

Part   4--Compensation

87   Compensation

88   Compensation for acquisition of property

Part   5--Miscellaneous

89   Delegation by the Secretary of the Attorney - General's Department

90   Delegation by the Home Affairs Secretary

Schedule   4--Reviewable decisions of the ACMA

Part   1--Decisions that may be subject to reconsideration by the ACMA

1   Reviewable decisions of the ACMA

Part   2--Decisions to which section   556 does not apply

2   Decisions to which section   556 does not apply

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history


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