Commonwealth: Telecommunications Act 1997 (Cth)

Telecommunications Act 1997 No. 47, 1997 Compilation No. 112 Compilation date: 25 October 2024 Includes amendments: Act No. 93, 2024 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 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 25 October 2024 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part 1—Introduction 1 Short title 2 Commencement 3 Objects 4 Regulatory policy 5 Simplified outline 6 Main index 7 Definitions 7A Communications Security Coordinator 8 Crown to be bound 9 Extra‑territorial application 10 Extension to external Territories 11 Extension to offshore areas 11A Application of the Criminal Code 12 Act subject to Radiocommunications Act 13 Continuity of partnerships 14 Controlled carriage services, controlled networks and controlled facilities 15 Content service 16 Listed carriage services 18 Access to an emergency call service 19 Recognised person who operates an emergency call service 20 Customer cabling 21 Customer equipment 22 Customer cabling and customer equipment—boundary of a telecommunications network 23 Immediate circle 24 Extended meaning of use Part 2—Network units Division 1—Simplified outline 25 Simplified outline Division 2—Basic definition 26 Single line links connecting distinct places in Australia 27 Multiple line links connecting distinct places in Australia 28 Designated radiocommunications facility 29 Facilities specified in Ministerial determination Division 3—Related definitions 30 Line links 31 Designated radiocommunications facility 32 Public mobile telecommunications service 33 Intercell hand‑over functions 34 When a base station is part of a terrestrial radiocommunications customer access network 35 Fixed radiocommunications link Division 4—Distinct places 36 Distinct places—basic rules 37 Properties 38 Combined areas 39 Principal user of a property 40 Eligible combined areas Part 3—Carriers Division 1—Simplified outline 41 Simplified outline Division 2—Prohibitions relating to carriers 42 Network unit not to be used without carrier licence or nominated carrier declaration 43 Continuing offences 44 Supply to the public 45 Exemption—defence 46 Exemption—intelligence operations 47 Exemption—transport authorities 48 Exemption—broadcasting services 49 Exemption—electricity supply bodies 50 Exemption—line links authorised by or under previous laws 51 Exemption—Ministerial determination Division 3—Carrier licences 52 Applications for carrier licence 53 Form of application etc. 53A Copy of application to be given to Communications Access Coordinator 54 Application to be accompanied by charge 55 Further information 56 Grant of licence 56AA Deemed carrier licence—designated Telstra successor company 56A Consultation with Communications Access Coordinator 57 Carrier licence has effect subject to this Act 58 Refusal of carrier licence—disqualified applicant 58A Refusal of carrier licence—security 59 Time limit on licence decision 60 Notification of refusal of application 61 Conditions of carrier licence specified in Schedule 1 62 Condition of carrier licence set out in section 152AZ of the Competition and Consumer Act 2010 62A Condition of carrier licence set out in section 152BCO of the Competition and Consumer Act 2010 62B Condition of carrier licence set out in section 152BDF of the Competition and Consumer Act 2010 62C Condition of carrier licence set out in section 152BEC of the Competition and Consumer Act 2010 62D Condition of carrier licence set out in section 152CJC of the Competition and Consumer Act 2010 62E Condition of carrier licence set out in section 37 of the National Broadband Network Companies Act 2011 63 Conditions of carrier licence declared by Minister 63A Conditions of a carrier licence held by Telstra Limited 64 Consultation about declared licence conditions 65 Conditions about foreign ownership or control 67 Carrier licence conditions—special provisions 68 Compliance with conditions 69 Remedial directions—breach of condition 69AA Remedial directions—breach of conditions relating to access 70 Formal warnings—breach of condition 71 Surrender of carrier licence 72 Cancellation of carrier licence 73 Collection of charges relating to carrier licences 73A Refund of application charge 74 Collection of charges on behalf of the Commonwealth 75 Cancellation of certain exemptions from charge 76 Commonwealth not liable to charge Division 4—Nominated carrier declarations 77 Applications for nominated carrier declarations 78 Application to be accompanied by charge etc. 79 Form of application etc. 80 Further information 81 Making a nominated carrier declaration 81A Obligations of nominated carrier 82 Notification of refusal of application 83 Revocation of nominated carrier declaration Division 5—Register of nominated carrier declarations and carrier licences 84 Register of nominated carrier declarations and carrier licences Part 4—Service providers Division 1—Simplified outline 85 Simplified outline Division 2—Service providers 86 Service providers Division 3—Carriage service providers 87 Carriage service providers 88 Supply to the public 89 Exemption from definition—customers located on the same premises 90 Exemption from definition—defence 91 Exemption from definition—intelligence operations 92 Exemption from definition—transport authorities 93 Exemption from definition—broadcasting services 94 Exemption from definition—electricity supply bodies 95 Exemption from definition—Ministerial determination 96 Exemption from certain regulatory provisions—Ministerial determination Division 4—Content service providers 97 Content service providers Division 5—Service provider rules 98 Service provider rules 99 Service provider determinations 100 Exemptions from service provider rules 101 Service providers must comply with service provider rules 102 Remedial directions—breach of service provider rules 103 Formal warnings—breach of service provider rules Part 5—Monitoring of the performance of carriers and carriage service providers 104 Simplified outline 105 Monitoring of performance—annual report 105A Monitoring of performance—additional report 105C Monitoring of breaches by a designated Telstra successor company of an undertaking about structural separation Part 6—Industry codes and industry standards Division 1—Simplified outline 106 Simplified outline Division 2—Interpretation 107 Industry codes 108 Industry standards 108A Electronic messaging service provider 108B Telecommunications industry 109 Telecommunications activity 109B Telemarketing activity 109C Fax marketing activity 110 Sections of the telecommunications industry 110B Sections of the telemarketing industry 110C Sections of the fax marketing industry 111 Participants in a section of the telecommunications industry 111AA Participants in a section of the telemarketing industry 111AB Participants in a section of the fax marketing industry 111B Unsolicited commercial electronic messages Division 3—General principles relating to industry codes and industry standards 112 Statement of regulatory policy 113 Examples of matters that may be dealt with by industry codes and industry standards 114 Industry codes and industry standards may confer powers on the Telecommunications Industry Ombudsman 115 Industry codes and industry standards not to deal with certain design features and performance requirements 116 Industry codes and industry standards not to deal with matters dealt with by codes and standards under Part 9 of the Broadcasting Services Act 116A Industry codes and standards do not affect Privacy Act 1988 Division 4—Industry codes 117 Registration of industry codes 118 ACMA may request codes 119 Publication of notice where no body or association represents a section of the telecommunications industry, the telemarketing industry or the fax marketing industry 119A Variation of industry codes 119B Publication requirements for submissions 120 Replacement of industry codes 121 Directions about compliance with industry codes 122 Formal warnings—breach of industry codes 122A De‑registering industry codes and provisions of industry codes Division 5—Industry standards 123 ACMA may determine an industry standard if a request for an industry code is not complied with 124 ACMA may determine industry standard where no industry body or association formed 125 ACMA may determine industry standards where industry codes fail 125AA ACMA must determine an industry standard if directed by the Minister 125A ACMA must determine certain industry standards relating to the telemarketing industry 125B ACMA must determine certain industry standards relating to the fax marketing industry 126 Industry standards not to be determined for certain privacy matters 128 Compliance with industry standards 129 Formal warnings—breach of industry standards 130 Variation of industry standards 131 Revocation of industry standards 132 Public consultation on industry standards 133 Consultation with ACCC and the Telecommunications Industry Ombudsman 134 Consultation with Information Commissioner 135 Consultation with consumer body 135A Consultation with the States and Territories Division 6—Register of industry codes and industry standards 136 ACMA to maintain Register of industry codes and industry standards Division 6A—Reimbursement of costs of development or variation of consumer‑related industry codes 136A Application for eligibility for reimbursement of costs of development or variation of consumer‑related industry code 136B Declaration of eligibility for reimbursement of costs of development or variation of consumer‑related industry code 136C Reimbursement of costs of developing or varying consumer‑related industry code 136D Costs—transactions between persons not at arm's length 136E Refundable cost Division 7—Miscellaneous 137 Protection from civil proceedings 138 Implied freedom of political communication 139 Agreements for the carrying on of telemarketing activities or fax marketing activities must require compliance with this Part Part 8—Local access lines Division 1—Introduction 142 Simplified outline of this Part 142A Definitions 142B Functional separation undertaking given by a person 142BA Promotion of the long‑term interests of end‑users of carriage services and of services supplied by means of carriage services 142BB Terms and conditions 142BC Unsatisfactory compliance record 142BD Designated carriage service Division 2—Supply of eligible services to be on wholesale basis 142C Supply of eligible services to be on wholesale basis—lines that come into existence on or after the designated commencement date etc. 143 Supply of eligible services to be on wholesale basis—networks in existence before the designated commencement date etc. 143AA Judicial enforcement of prohibitions Division 2A—Exemptions 143A Class exemptions 143B Compliance with conditions and limitations of exemption determinations 143C Judicial enforcement of conditions and limitations of exemption determinations 143D Publication of list of persons who have elected to be bound by exemption determinations 143E Exemptions—certain real estate development projects etc. 143F Exemptions—lines installed in close proximity to other lines 143G Exemptions—networks covered by exemption instruments 143H Exemption—networks marketed as business networks 144 Exemptions—Ministerial instrument 145 Exemption—transport authorities 146 Exemption—electricity supply bodies 147 Exemption—gas supply bodies 148 Exemption—water supply bodies 149 Exemption—sewerage services bodies 150 Exemption—storm water drainage services bodies 151 Exemption—State or Territory road authorities Division 2B—Functional separation undertakings 151A Standard functional separation undertaking 151B Deemed standard functional separation undertaking 151C Joint functional separation undertaking 151D Further information about undertaking 151E Withdrawal of undertaking that is under consideration 151F ACCC to accept or reject functional separation undertaking 151G Consultation—acceptance or rejection of undertaking 151H Serial undertakings 151J Criteria for accepting functional separation undertaking 151K Variation of functional separation undertaking that is under consideration 151L Replacement of functional separation undertaking that is under consideration 151M Renewal of functional separation undertaking 151N Variation of expiry time of certain functional separation undertakings 151P Duration of functional separation undertaking 151Q Variation of functional separation undertaking that is in force 151R Further information about variation of functional separation undertaking 151S Withdrawal of variation that is under consideration 151T ACCC to accept or reject variation 151U Consultation—acceptance or rejection of variation 151V Criteria for accepting variation 151W Revocation of functional separation undertaking 151X Consultation—revocation of functional separation undertaking 151Y Notification that a person is at risk of having an unsatisfactory compliance record in relation to functional separation 151Z Variation of functional separation undertaking following giving of revocation notice 151ZA Reporting obligations following giving of revocation notice 151ZB Requirement to notify changes in control of person who gave undertaking 151ZC Register of functional separation undertakings 151ZD Compliance with functional separation undertaking 151ZE Enforcement of functional separation undertaking Division 2C—Non‑discrimination rules 151ZF Eligible services to be supplied on a non‑discriminatory basis 151ZG Eligible services—related activities to be carried on on a non‑discriminatory basis 151ZH Statement about the differences between an access agreement and an offer etc. 151ZHA Judicial enforcement of non‑discrimination rules Division 3—Other provisions 151ZI Anti‑avoidance 151ZJ Self‑incrimination 151ZK Delegation 151ZL Review by the Australian Competition Tribunal 151ZM Functions and powers of the Australian Competition Tribunal etc. 151ZN Provisions that do not apply in relation to an Australian Competition Tribunal review 152 Associate 153 Control 154 Control of a company 155 When a person is in a position to exercise control of a network 155A When a person is in a position to exercise control of a line 156 Deemed networks etc. 156A Certain lines deemed to have come into existence on or after the designated commencement date 157 Certain installations and connections are not taken to be an extension, alteration or upgrade of a network 158 Local access line 158A Deemed local access lines 159 Alteration 160 Upgrade of telecommunications network 161 Extended meaning of residential customer 162 Close proximity Part 13—Protection of communications Division 1—Introduction 270 Simplified outline 271 Eligible person 272 Number‑database operator and eligible number‑database person 273 Information 274 Telecommunications contractor 275 Number‑database contractor 275A Location information 275B Emergency management person 275C Emergency 275D Emergency law 275E Relevant information Division 2—Primary disclosure/use offences 276 Primary disclosure/use offence—eligible persons 277 Primary disclosure/use offence—eligible number‑database persons 278 Primary disclosure/use offence—emergency call persons Division 3—Exceptions to primary disclosure/use offences Subdivision A—Exceptions 279 Performance of person's duties 280 Authorisation by or under law 281 Witnesses 284 Assisting the ACMA, the eSafety Commissioner, the ACCC or the Telecommunications Industry Ombudsman 285 Integrated public number database 285A Data for emergency warnings 286 Calls to emergency service number 287 Threat to person's life or health 288 Communications for maritime purposes 289 Knowledge or consent of person concerned 290 Implicit consent of sender and recipient of communication 291 Business needs of other carriers or service providers 291A Location dependent carriage services 292 Circumstances prescribed in the regulations 293 Uses connected with exempt disclosures 294 Effect of this Subdivision Subdivision B—Burden of proof 295 Burden of proof Division 3A—Integrated public number database authorisations Subdivision A—ACMA scheme for the granting of authorisations 295A ACMA to make integrated public number database scheme 295B Scheme must deal with certain matters 295C Applications may be treated differently 295D Scope of authorisations 295E Provisional and final authorisations 295F Conditions 295G Varying or revoking authorisations 295H Scheme may confer administrative powers on the ACMA 295J Ancillary or incidental provisions 295K Scheme‑making power not limited 295L Variation of scheme 295M Consultation Subdivision B—Ministerial instruments 295N Criteria for deciding authorisation applications 295P Conditions 295Q Other reviewable decisions Subdivision C—Enforcing compliance with conditions of authorisations 295R Offence of breaching a condition 295S Remedial directions for breaching a condition 295T Formal warnings for breaching a condition Subdivision D—Report to Minister 295U Report to Minister Division 3B—Emergency warnings 295V Use or disclosure of information by emergency management persons 295W Use or disclosure of information by other persons 295X Effect on telecommunications network 295Y Coronial and other inquiries 295Z Offence—use or disclosure of information by emergency management persons 295ZA Offence—use or disclosure of information by other persons 295ZB Reports of access 295ZC Annual reports to the ACMA and Information Commissioner 295ZD Arrangements with States and Territories 295ZE Commonwealth immunity Division 4—Secondary disclosure/use offences 296 Performance of person's duties 297 Authorisation by or under law 299 Assisting the ACMA, the eSafety Commissioner, the ACCC or the Telecommunications Industry Ombudsman 299A Integrated public number database 300 Threat to person's life or health 301 Communications for maritime purposes 302 Business needs of other carriers or service providers 302A Location dependent carriage services 303 Secondary offence—contravening this Division 303A Generality of Division not limited Division 4A—Relationship with the Privacy Act 1988 303B Acts taken to be authorised by this Act for purposes of Privacy Act 303C Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988 Division 5—Record‑keeping requirements 304 Associate 305 Authorisations under the Telecommunications (Interception and Access) Act 1979 306 Record of disclosures—general 306A Record of disclosures—prospective authorisation under the Telecommunications (Interception and Access) Act 1979 307 Incorrect records 308 Annual reports to the ACMA by carriers, carriage service providers or number‑database operators 309 Monitoring by the Information Commissioner Division 6—Instrument‑making powers not limited 310 Instrument‑making powers not limited An Act about telecommunications, and for related purposes Part 1—Introduction 1 Short title This Act may be cited as the Telecommunications Act 1997. 2 Commencement (1) The following provisions of this Act commence on the day on which this Act receives the Royal Assent: (a) this Part; (b) Part 2; (c) Divisions 2, 3 and 4 of Part 4; (d) Division 3 of Part 25; (f) section 589; (g) section 594. (2) Sections 52 to 55 (inclusive) commence on 5 June 1997. (3) The remaining provisions of this Act commence on 1 July 1997. 3 Objects (1) The main object of this Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, is to provide a regulatory framework that promotes: (a) the long‑term interests of end‑users of carriage services or of services provided by means of carriage services; and (b) the efficiency and international competitiveness of the Australian telecommunications industry; and (c) the availability of accessible and affordable carriage services that enhance the welfare of Australians. (2) The other objects of this Act, when read together with Parts XIB and XIC of the Competition and Consumer Act 2010, are as follows: (a) to ensure that standard telephone services and payphones are: (i) reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and (ii) are supplied as efficiently and economically as practicable; and (iii) are supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community; (c) to promote the supply of diverse and innovative carriage services and content services; (d) to promote the development of an Australian telecommunications industry that is efficient, competitive and responsive to the needs of the Australian community; (e) to promote the effective participation by all sectors of the Australian telecommunications industry in markets (whether in Australia or elsewhere); (f) to promote: (i) the development of the technical capabilities and skills of the Australian telecommunications industry; and (ii) the development of the value‑adding and export‑oriented activities of the Australian telecommunications industry; and (iii) research and development that contributes to the growth of the Australian telecommunications industry; (g) to promote the equitable distribution of benefits from improvements in the efficiency and effectiveness of: (i) the provision of telecommunications networks and facilities; and (ii) the supply of carriage services; (h) to provide appropriate community safeguards in relation to telecommunications activities and to regulate adequately participants in sections of the Australian telecommunications industry; (i) to promote the placement of lines underground, taking into account economic and technical issues, where placing such lines underground is supported by the affected community; (j) to promote responsible practices in relation to the sending of commercial electronic messages; (k) to promote responsible practices in relation to the making of telemarketing calls; (l) to promote responsible practices in relation to the sending of marketing faxes. 4 Regulatory policy The Parliament intends that telecommunications be regulated in a manner that: (a) promotes the greatest practicable use of industry self‑regulation; and (b) does not impose undue financial and administrative burdens on participants in the Australian telecommunications industry; but does not compromise the effectiveness of regulation in achieving the objects mentioned in section 3. 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. 6 Main index The following is a main index to this Act: Main Index Item Topic Provisions 2 Calling line identification Part 18 3 Carriers' powers and immunities Part 24, Schedule 3 4 Carrier licence conditions Part 3, Schedule 1 5 Carriers Part 3 6 Communications, protection of Part 13 8 Decisions, review of Part 29, Schedule 4 9 Defence requirements and disaster plans Part 16 10 Enforceable undertakings Part 31A 11 Enforcement Part 28 12 Industry codes and industry standards Part 6 13 Information‑gathering powers Part 27 14 Injunctions Part 30 15 Inquiries, public Part 25 16 International aspects Part 20 17 Investigations Part 26 19 Liability, vicarious Part 32 21 National interest matters Part 14 22 Network units Part 2 23 Numbering and electronic addressing Part 22 24 Penalties, civil Part 31 25 Performance of carriers and carriage service providers, monitoring of Part 5 26 Pre‑selection Part 17 28 Service provider rules Part 4, Schedule 2 29 Service providers Part 4 30 Standard agreements for the supply of carriage services Part 23 32 Technical regulation Part 21 7 Definitions In this Act, unless the contrary intention appears: ACCC means the Australian Competition and Consumer Commission. ACCC's telecommunications functions and powers means the functions and powers conferred on the ACCC by or under: (a) this Act; or (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (ba) the National Broadband Network Companies Act 2011; or (c) Part XIB of the Competition and Consumer Act 2010; or (d) Part XIC of the Competition and Consumer Act 2010; or (e) any other provision of the Competition and Consumer Act 2010, in so far as that provision applies to a matter connected with telecommunications. For this purpose, telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy. access, in relation to an emergency call service, has a meaning affected by section 18. ACMA means the Australian Communications and Media Authority. ACMA's telecommunications functions means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005. ACMA's telecommunications powers means the powers conferred on the ACMA by: (a) this Act; or (b) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or (ba) Chapter 4 or 5 of the Telecommunications (Interception and Access) Act 1979; or (c) the Spam Act 2003; or (ca) the Do Not Call Register Act 2006; or (d) Part XIC of the Competition and Consumer Act 2010; or (e) section 12 of the Australian Communications and Media Authority Act 2005, in so far as that section relates to the ACMA's telecommunications functions. ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012. adverse security assessment has the meaning given by section 35 of the Australian Security Intelligence Organisation Act 1979. AFP Minister means the Minister administering the Australian Federal Police Act 1979. aircraft includes a balloon. ASIO means the Australian Security Intelligence Organisation. Australia, when used in a geographical sense, includes the eligible Territories. Australian number has the same meaning as in the Do Not Call Register Act 2006. authorised infringement notice officer means: (a) the Chair of the ACMA; or (b) a member of the staff of the ACMA appointed under section 572L; or (c) the Chairperson of the ACCC; or (d) a member of the staff of the ACCC appointed under section 572L. base station that is part of a terrestrial radiocommunications customer access network has the meaning given by section 34. broadcasting service has the same meaning as in the Broadcasting Services Act 1992. building lot has the meaning given by section 372Q. building unit has the meaning given by section 372S. cabling licence means a licence granted under section 427. carriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy. carriage service intermediary means a person who is a carriage service provider under subsection 87(5). carriage service provider has the meaning given by section 87. carrier means the holder of a carrier licence. carrier licence means a licence granted under section 56. carry includes transmit, switch and receive. civil penalty provision means: (a) a provision of this Act (other than section 317ZB) that is declared by this Act to be a civil penalty provision; or (b) a provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 that is declared by that Act to be a civil penalty provision; or (c) a provision of the Telecommunications (Interception and Access) Act 1979 that is declared by that Act to be a civil penalty provision for the purposes of this Act. commercial electronic message has the same meaning as in the Spam Act 2003. communications includes any communication: (a) whether between persons and persons, things and things or persons and things; and (b) whether in the form of speech, music or other sounds; and (c) whether in the form of data; and (d) whether in the form of text; and (e) whether in the form of visual images (animated or otherwise); and (f) whether in the form of signals; and (g) whether in any other form; and (h) whether in any combination of forms. Communications Access Coordinator has the meaning given by section 6R of the Telecommunications (Interception and Access) Act 1979. Communications Security Coordinator has the meaning given by section 7A. connected, in relation to: (a) a telecommunications network; or (b) a facility; or (c) customer cabling; or (d) customer equipment; includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication. connection permit means a permit issued under section 394. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. content service has the meaning given by section 15. content service provider has the meaning given by section 97. controlled carriage service has the meaning given by section 14. controlled facility has the meaning given by section 14. controlled network has the meaning given by section 14. customer cabling has the meaning given by section 20. customer equipment has the meaning given by section 21. data processing device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903. defence purposes means any one or more of the following: (a) the operation of command or control systems; (b) the operation, direction or use of a defence organisation; (c) the operation of intelligence systems; (d) the collection or dissemination of information relevant to the security or defence of: (i) the Commonwealth; or (ii) a foreign country that is allied or associated with the Commonwealth; (e) the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat; (f) any other matter specified in the regulations. demerged Telstra company has the meaning given by section 581J. designated part of the spectrum has the meaning given by section 577H. designated radiocommunications facility has the meaning given by section 31. designated Telstra successor company: see section 581G. Director‑General of Security means the Director‑General of Security holding office under the Australian Security Intelligence Organisation Act 1979. directory assistance services means services that are: (a) provided to an end‑user of a standard telephone service to help the end‑user find the number of another end‑user of a standard telephone service; and (b) provided by an operator or by means of: (i) an automated voice response system; or (ii) another technology‑based system. distinct places has the meaning given by section 36. draft functional separation undertaking means a draft functional separation undertaking under Division 2 of Part 9 of Schedule 1. draft migration plan means a draft migration plan under Subdivision B of Division 2 of Part 33. eligible partnership means a partnership where each partner is a constitutional corporation. eligible Territory means: (a) the Territory of Christmas Island; or (b) the Territory of Cocos (Keeling) Islands; or (c) an external Territory prescribed for the purposes of section 10. emergency call contractor means a person who performs services for or on behalf of a recognised person who operates an emergency call service, but does not include a person who performs such services in the capacity of an employee of the person who operates the emergency call service. Note: Recognised person who operates an emergency call service is defined by section 19. emergency call person means: (a) a recognised person who operates an emergency call service; or (b) an employee of such a person; or (c) an emergency call contractor; or (d) an employee of an emergency call contractor. Note: Recognised person who operates an emergency call service is defined by section 19. emergency call service means a service for: (a) receiving and handling calls to an emergency service number; and (b) transferring such calls to: (i) a police force or service; or (ii) a fire service; or (iii) an ambulance service; or (iv) if there is a numbering scheme manager—a service specified by the ACMA for the purposes of this subparagraph in a legislative instrument; or (iva) if there is no numbering scheme manager—a service specified for the purposes of this subparagraph in the numbering plan made by the ACMA; or (v) a service for despatching a force or service referred to in subparagraph (i), (ii), (iii), (iv) or (iva). For the purposes of paragraph (b), transferring a call includes giving information in relation to the call for purposes connected with dealing with the matter or matters raised by the call. emergency service number has the meaning given by section 466. exempt network‑user means: (a) a person: (i) who is entitled to use a network unit to supply a carriage service; and (ii) whose entitlement derives, directly or indirectly, from rights granted to a carrier; or (b) if: (i) a police force or service; or (ii) a fire service; or (iii) an ambulance service; or (iv) an emergency service specified in the regulations; (the first force or service) uses a network unit for the sole or principal purpose of enabling either or both of the following: (v) communication between the members of the first force or service; (vi) communication between the members of the first force or service and the members of another force or service, where the other force or service is of a kind covered by subparagraph (i), (ii), (iii) or (iv); the first force or service. For the purposes of paragraph (b), an employee of a force or service is taken to be a member of the force or service. facility means: (a) any part of the infrastructure of a telecommunications network; or (b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network. fax marketing industry means an industry that involves carrying on a fax marketing activity (as defined by section 109C). Federal Court means the Federal Court of Australia. fibre‑ready facility has the meaning given by subsection 372W(1). final functional separation undertaking means a final functional separation undertaking under Division 2 of Part 9 of Schedule 1. final migration plan means a final migration plan under Subdivision B of Division 2 of Part 33. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. fixed‑line facility has the meaning given by section 372V. fixed radiocommunications link has the meaning given by section 35. functional fibre‑ready facility has the meaning given by subsection 372W(2). Home Affairs Department means the Department administered by the Home Affairs Minister. Home Affairs Minister means the Minister administering the Security of Critical Infrastructure Act 2018. Home Affairs Secretary means the Secretary of the Home Affairs Department. hybrid fibre‑coaxial network means a telecommunications network: (a) that is for use for the transmission of any broadcasting service; and (b) that is also capable of being used to supply an internet carriage service; and (c) the line component of which consists of optical fibre to connecting nodes, supplemented by coaxial cable connections from the nodes to the premises of end‑users. IGIS official (short for Inspector‑General of Intelligence and Security official) means: (a) the Inspector‑General of Intelligence and Security; or (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. immediate circle has the meaning given by section 23. import means import into Australia. industry levy means levy imposed by the Telecommunications (Industry Levy) Act 2012. infringement notice means an infringement notice under section 572E. inspector has the meaning given by section 533. integrated public number database scheme means the scheme in force under section 295A. intercell hand‑over functions has the meaning given by section 33. internet carriage service means a carriage service that enables end‑users to access the internet. internet service provider has the same meaning as in the Online Safety Act 2021. Layer 2 bitstream service means a carriage service that is: (a) a Layer 2 bitstream service (within the ordinary meaning of that expression); and (b) a listed carriage service; and (c) supplied using a line to premises occupied or used by an end‑user. For the purposes of determining the ordinary meaning of the expression used in paragraph (a), assume that Layer 2 has the same meaning as in the Open System Interconnection (OSI) Reference Model for data exchange. line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy. line link has the meaning given by section 30. listed carriage service has the meaning given by section 16. marketing fax means: (a) a marketing fax (within the meaning of the Do Not Call Register Act 2006) that is sent to an Australian number; or (b) a fax (within the meaning of the Do Not Call Register Act 2006) that is sent to an Australian number, where, having regard to: (i) the content of the fax; and (ii) the presentational aspects of the fax; it would be concluded that the purpose, or one of the purposes, of the fax is: (iii) to conduct opinion polling; or (iv) to carry out standard questionnaire‑based research. member means a member of the ACMA (and does not include an associate member). NBN corporation has the same meaning as in the National Broadband Network Companies Act 2011. This definition does not apply to: (a) section 577BA; or (b) section 577BC; or (c) clause 17 of Schedule 1; or (d) Part 5 of Schedule 1. network unit has the meaning given by Division 2 of Part 2. nominated carriage service provider means a carriage service provider covered by a declaration in force under subsection 197(4) of the Telecommunications (Interception and Access) Act 1979. nominated carrier means a carrier in respect of whom a nominated carrier declaration is in force. nominated carrier declaration means a declaration under section 81. notifiable equipment has the same meaning as in the Telecommunications (Interception and Access) Act 1979. numbering plan has the meaning given by section 455. numbering scheme means the scheme for planning and managing: (a) the numbering of carriage services in Australia; and (b) the use of numbers in connection with the supply of such services; and (c) the specification, allocation and issuing of numbers for that use. numbering scheme manager: see subsection 454A(2). numbering scheme principles: see subsection 454C(2). optical fibre line means a line that consists of, or encloses, optical fibre. owner, in relation to a network unit, means a person who legally owns the unit (whether alone or together with one or more other persons). person includes a partnership. point‑to‑multipoint service means a carriage service which allows a person to transmit a communication to more than one end‑user simultaneously. project area for a real estate development project has the meaning given by section 372Q. public body means: (a) the Commonwealth, a State or a Territory; or (b) an authority, or institution, of the Commonwealth, a State or a Territory; or (c) an incorporated company all the stock or shares in the capital of which is beneficially owned by one of the following: (i) the Commonwealth; (ii) a State; (iii) a Territory; or (d) an incorporated company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by one of the following: (i) the Commonwealth; (ii) a State; (iii) a Territory. public mobile telecommunications service has the meaning given by section 32. radiocommunication has the same meaning as in the Radiocommunications Act 1992. radiocommunications device has the same meaning as in the Radiocommunications Act 1992. radiocommunications receiver has the same meaning as in the Radiocommunications Act 1992. radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992. real estate development project has the meaning given by section 372Q. recognised person who operates an emergency call service has the meaning given by section 19. recognised testing authority has the meaning given by section 409. record‑keeping rule means a rule under section 529. registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act. remedial notice means a notice under subsection 372JA(2). satellite‑based facility means a radiocommunications transmitter, or a radiocommunications receiver, in a satellite. sell: (a) when used in relation to a building lot—has the meaning given by section 372T; or (b) when used in relation to a building unit—has the meaning given by section 372U. service provider has the meaning given by section 86. service provider rules has the meaning given by section 98. spectrum has the same meaning as in the Radiocommunications Act 1992. spectrum licence has the same meaning as in the Radiocommunications Act 1992. standard questionnaire‑based research means research that involves people being asked to answer one or more standard questions, but does not include: (a) opinion polling; or (b) research of a kind specified in the regulations. standard telephone service has the meaning given by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999. subdivision of an area of land has a meaning affected by section 372R. subscription television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. telecommunications industry includes an industry that involves: (a) carrying on business as a carrier; or (b) carrying on business as a carriage service provider; or (c) supplying goods or services for use in connection with the supply of a listed carriage service; or (d) supplying a content service using a listed carriage service; or (e) manufacturing or importing customer equipment or customer cabling; or (f) installing, maintaining, operating or providing access to: (i) a telecommunications network; or (ii) a facility; used to supply a listed carriage service. Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy. telecommunications service has the same meaning as in the Telecommunications (Interception and Access) Act 1979. telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979. telemarketing call means: (a) a telemarketing call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number; or (b) a voice call (within the meaning of the Do Not Call Register Act 2006) that is made to an Australian number, where, having regard to: (i) the content of the call; and (ii) the presentational aspects of the call; it would be concluded that the purpose, or one of the purposes, of the call is: (iii) to conduct opinion polling; or (iv) to carry out standard questionnaire‑based research. telemarketing industry means an industry that involves carrying on a telemarketing activity (as defined by section 109B). Telstra has the same meaning as in the Telstra Corporation Act 1991. Telstra Infraco Limited means Telstra Infraco Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed). Telstra Limited means Telstra Limited (ACN 086 174 781), as the company exists from time to time (even if its name is later changed). Telstra successor company: see section 581F. this Act includes the regulations. universal service obligation has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999. vessel means a vessel or boat of any description, and includes: (a) an air‑cushion vehicle; and (b) any floating structure. 7A Communications Security Coordinator (1) In this Act: Communications Security Coordinator means: (a) the Home Affairs Secretary; or (b) if a person or body is covered by an instrument made under subsection (2)—that person or body. (2) The Home Affairs Minister may, by legislative instrument, specify one or more persons or bodies, or one or more classes of persons or bodies, for the purposes of paragraph (b) of the definition of Communications Security Coordinator in subsection (1). (3) The Home Affairs Minister must only specify a person or class of persons in an instrument made under subsection (2) if the person is an APS employee, or the class consists wholly of APS employees, in the Home Affairs Department. Instrument must specify certain functions or powers (4) An instrument made under subsection (2) must specify the functions or powers of a Communications Security Coordinator under this Act or any other Act that a person or body, or a class of persons or bodies, specified in the instrument may perform or exercise. (5) A person or body, or a class of persons or bodies, specified in an instrument made under subsection (2) may only perform the functions or exercise the powers specified in that instrument in relation to that person or body, or class of persons or bodies. 8 Crown to be bound (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. 9 Extra‑territorial application This Act applies both within and outside Australia. 10 Extension to external Territories (1) This Act extends to: (a) the Territory of Christmas Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) such other external Territories (if any) as are prescribed. (2) The operation of this Act in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016. 11 Extension to offshore areas (1) This Act applies in relation to the offshore areas of: (a) each of the States; and (b) each of the eligible Territories; as if references in this Act to Australia included references to those offshore areas. This subsection has effect subject to subsection (2). (2) The application of this Act in accordance with subsection (1) in relation to an offshore area extends only in relation to acts, matters and things touching, concerning, arising out of or connected with: (a) the exploration of the continental shelf of Australia; or (b) the exploitation of the resources of the continental shelf of Australia. (3) The application of this Act in accordance with subsection (1) in relation to an offshore area extends in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the offshore area for a reason touching, concerning, arising out of or connected with: (a) the exploration of the continental shelf of Australia; or (b) the exploitation of the resources of the continental shelf of Australia. (4) Subsection (3) does not, by implication, limit subsection (2). (5) In this section: offshore area, in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006. 11A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 12 Act subject to Radiocommunications Act (1) This Act has effect subject to the Radiocommunications Act 1992. (2) However, to avoid doubt, the fact that a person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if the person is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it. 13 Continuity of partnerships For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership. 14 Controlled carriage services, controlled networks and controlled facilities Controlled carriage services (1) For the purposes of this Act, if: (a) a carrier or carriage service provider supplies, or proposes to supply, a carriage service; and (b) the carriage service involves, or will involve, the use of a controlled network, or a controlled facility, of the carrier or of the provider, as the case may be; the carriage service is a controlled carriage service of the carrier or the provider, as the case may be. Controlled networks (2) For the purposes of this Act, if: (a) a carrier or carriage service provider operates a telecommunications network; and (b) the network satisfies the geographical test set out in subsection (4); the network is a controlled network of the carrier or the provider, as the case may be. Controlled facilities (3) For the purposes of this Act, if: (a) a carrier or carriage service provider operates a facility; and (b) the facility satisfies the geographical test set out in subsection (4); the facility is a controlled facility of the carrier or provider, as the case may be. Geographical test (4) For the purposes of this section, a telecommunications network, or a facility, satisfies the geographical test if: (a) the whole or any part of the network or facility, as the case requires, is, or will be, located in Australia; or (b) all of the following conditions are satisfied: (i) a person, or a group of persons, operates the network or the facility, as the case requires; (ii) the person, or at least one of the members of the group, carries on, or will carry on, a telecommunications‑related business wholly or partly in Australia; (iii) the network, or the facility, as the case requires, is used, or will be used, to supply a listed carriage service, or a service that is ancillary or incidental to such a service. Definition (5) In this section: telecommunications‑related business means a business that consists of, or includes: (a) supplying a carriage service; or (b) supplying goods or services for use in connection with the supply of a carriage service; or (c) supplying a content service; or (d) installing, maintaining, operating or providing access to: (i) a telecommunications network; or (ii) a facility. 15 Content service (1) For the purposes of this Act, a content service is: (a) a broadcasting service; or (b) an on‑line information service (for example, a dial‑up information service); or (c) an on‑line entertainment service (for example, a video‑on‑demand service or an interactive computer game service); or (d) any other on‑line service (for example, an education service provided by a State or Territory government); or (e) a service of a kind specified in a determination made by the Minister for the purposes of this paragraph. (2) The Minister may, by legislative instrument, make a determination for the purposes of paragraph (1)(e). 16 Listed carriage services (1) For the purposes of this Act, the following carriage services are listed carriage services: (a) a carriage service between a point in Australia and one or more other points in Australia; (b) a carriage service between a point and one or more other points, where the first‑mentioned point is in Australia and at least one of the other points is outside Australia; (c) a carriage service between a point and one or more other points, where the first‑mentioned point is outside Australia and at least one of the other points is in Australia. (2) For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else. (3) For the purposes of this section, a point that is: (a) in the atmosphere; and (b) in or below the stratosphere; and (c) above Australia; is taken to be a point in Australia. (4) For the purposes of this section, a point that is: (a) on a satellite; and (b) above the stratosphere; is taken to be a point outside Australia. 18 Access to an emergency call service For the purposes of this Act, a person is taken not to have access to an emergency call service unless, in the event that the person attempts to place a call to the relevant emergency service number, the call can be established and maintained. 19 Recognised person who operates an emergency call service (1) A reference in this Act to a recognised person who operates an emergency call service is a reference to a person who: (a) operates an emergency call service; and (b) is specified, in a written determination made by the ACMA for the purposes of this paragraph, as: (i) a national operator of emergency call services; or (ii) a regional operator of emergency call services. Note: For specification by class, see subsection 13(3) of the Legislation Act 2003. (2) A determination under paragraph (1)(b) is a notifiable instrument. (3) A person may be specified in a determination under paragraph (1)(b) even if the person does not operate an emergency call service at the time the determination is made. (4) Subsection (3) is enacted for the avoidance of doubt. 20 Customer cabling (1) For the purposes of this Act, customer cabling means a line that, under the regulations, is treated as customer cabling. (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network. Note: Boundary of a telecommunications network is defined by section 22. (3) Subsection (2) does not, by implication, limit subsection (1). (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer cabling means a line that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network. Note: Boundary of a telecommunications network is defined by section 22. 21 Customer equipment (1) For the purposes of this Act, customer equipment means: (a) any equipment, apparatus, tower, mast, antenna or other structure or thing; or (b) any system (whether software‑based or otherwise); that: (c) is used, installed ready for use or intended for use in connection with a carriage service; and (d) under the regulations, is treated as customer equipment; but does not include a line. (2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to the boundary of a telecommunications network. Note: Boundary of a telecommunications network is defined by section 22. (3) Subsection (2) does not, by implication, limit subsection (1). (4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of this Act, customer equipment means: (a) any equipment, apparatus, tower, mast, antenna or other structure or thing that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network; or (b) any system (whether software‑based or otherwise) that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network; but does not include: (c) a line; or (d) equipment of a kind specified in regulations made for the purposes of this paragraph; or (e) an apparatus, tower, mast, antenna or other structure or thing that is of a kind specified in regulations made for the purposes of this paragraph; or (f) a system (whether software‑based or otherwise) that is of a kind specified in regulations made for the purposes of this paragraph. Note : Boundary of a telecommunications network is defined by section 22. 22 Customer cabling and customer equipment—boundary of a telecommunications n