Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See sections 555 and 556.
Part 1 -- Decisions that may be subject to reconsideration by the ACMA
1 Reviewable decisions of the ACMA
The following kinds of decisions are specified for the purposes of section 555:
(a) a decision under section 56, 58 or 59 to refuse to grant a carrier licence (other than a decision made in compliance with section 56A or 58A);
(b) a decision under section 69 to:
(i) give or vary a direction; or
(ii) refuse to revoke a direction;
(c) a decision under section 72 to cancel a carrier licence;
(d) a decision of a kind referred to in subsection 73(6) (which deals with remission of late payment penalty);
(e) a decision under section 81 to refuse to make a nominated carrier declaration;
(f) a decision under section 83 to revoke a nominated carrier declaration;
(g) a decision of a kind referred to in subsection 99(5) (which deals with decisions under service provider determinations);
(h) a decision under section 102 to:
(i) give or vary a direction; or
(ii) refuse to revoke a direction;
(i) a decision under section 117 to refuse to register a code;
(j) a decision under section 121 to:
(i) give or vary a direction; or
(ii) refuse to revoke a direction;
(ja) a decision of a kind referred to in subsection 70(3) (which deals with remission of late payment penalty) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;
(jaa) a decision of a kind referred to in subsection 102N(3) (which deals with remission of late payment penalty) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;
(jab) a decision to make a notifiable instrument under subsection 102Z(2) or 102ZA(2);
(k) a decision under section 129 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 to refuse to make a declaration;
(l) a decision under section 130 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 to give a direction;
(ma) a decision under the integrated public number database scheme to refuse to grant a person an authorisation;
(mb) a decision under the integrated public number database scheme to impose conditions on the grant of an authorisation;
(mc) a decision under the integrated public number database scheme to vary or revoke an authorisation;
(md) a decision under the integrated public number database scheme specified in an instrument under section 295Q;
(n) a decision under section 352 to refuse to make a declaration;
(o) a decision under section 356 to refuse to make a declaration;
(oa) a decision to give a remedial notice under section 372JA;
(ob) a decision under section 372JE to vary a remedial notice;
(oc) a decision to under section 372JF to refuse to revoke a remedial notice;
(p) a decision under section 394 to refuse to issue a connection permit;
(q) a decision to make a declaration under section 397 (which deals with duration of connection permits);
(r) a decision under paragraph 398(1)(c) or subsection 398(3) to specify, impose, vary or revoke a condition of a connection permit;
(s) a decision under section 402 to cancel a connection permit;
(t) a decision under section 427 to refuse to grant a cabling licence;
(u) a decision under section 432 to specify, impose, vary or revoke a condition of a cabling licence;
(v) a decision under section 438 to cancel a cabling licence;
(w) a decision of a kind referred to in subsection 468(6) (which deals with remission of late payment penalty);
(x) a decision under subsection 468(10) (which deals with the withdrawal of numbers);
(xa) a decision under clause 5 of Schedule 1 to refuse to issue an exemption certificate;
(xb) a decision under clause 5 of Schedule 1 to cancel an exemption certificate;
(y) a decision under clause 34 of Schedule 3 to cancel a facility installation permit;
(za) a decision under clause 56 of Schedule 3A to refuse to grant a protection zone installation permit, where none of the reasons for the decision relate to security (within the meaning of that Schedule);
(zaa) a decision under clause 58A of Schedule 3A to:
(i) specify a condition in a protection zone installation permit (other than a condition specified under paragraph 58A(1)(d) of Schedule 3A); or
(ii) vary a condition of a protection zone installation permit (other than a condition specified under paragraph 58A(1)(d) of Schedule 3A);
(zb) a decision under clause 61 of Schedule 3A to refuse to extend the duration of a protection zone installation permit;
(zc) a decision under clause 62 of Schedule 3A to suspend or cancel a protection zone installation permit;
(zd) a decision under clause 69 of Schedule 3A to refuse to grant a non - protection zone installation permit, where none of the reasons for the decision relate to security (within the meaning of that Schedule);
(zda) a decision under clause 73A of Schedule 3A to:
(i) specify a condition in a non - protection zone installation permit (other than a condition specified under paragraph 73A(1)(c) of Schedule 3A); or
(ii) vary a condition of a non - protection zone installation permit (other than a condition specified under paragraph 73A(1)(c) of Schedule 3A);
(ze) a decision under clause 76 of Schedule 3A to refuse to extend the duration of a non - protection zone installation permit;
(zf) a decision under clause 77 of Schedule 3A to suspend or cancel a non - protection zone installation permit.
Part 2 -- Decisions to which section 556 does not apply
2 Decisions to which section 556 does not apply
The following kinds of decisions are specified for the purposes of subsection 556(1):
(a) a decision under section 56 or 58 to refuse to grant a carrier licence;
(b) a decision under section 427 to refuse to grant a cabling licence;
(c) a decision under subsection 432(3) to impose, vary or revoke a condition of a cabling licence, being a decision on an application made under paragraph 433(1)(b).
• Carriers must provide other carriers with access to facilities for the purpose of enabling the other carriers to:
(a) provide competitive facilities and competitive carriage services; or
(b) establish their own facilities.
• Carriers must provide other carriers with access to certain information relating to the operation of telecommunications networks.
• Carriers must provide other carriers with access to:
(a) telecommunications transmission towers; and
(b) the sites of telecommunications transmission towers; and
(c) underground facilities that are designed to hold lines.
• Carriers must keep records about their designated overhead lines, telecommunications transmission towers and underground facilities.
• Carriers must inspect their facilities regularly.
• Carriers must investigate their facilities if there are reasonable grounds to suspect that the facilities are likely to endanger:
(a) the health or safety of persons; or
(b) property.
• Carriers must take any remedial action that is reasonably required following such an inspection or investigation.
• If a carriage service provider's telecommunications network is interconnected with a carrier's telecommunications network, the carrier must obtain a designated interconnection service from the carriage service provider for the purpose of ensuring any - to - any connectivity.
• Telstra must prepare a draft functional separation undertaking.
• A final functional separation undertaking is a draft functional separation undertaking that has been approved by the Minister.
• Telstra must comply with a final functional separation undertaking.
• However, Telstra is not required to prepare a draft functional separation undertaking if an undertaking about structural separation is in force under section 577A.
• If the excluded spectrum regime applies to Telstra, and a spectrum licence relates to a designated part of the spectrum, Telstra must not be in a position to exercise control of the licence unless the following undertakings given by Telstra are in force:
(a) an undertaking about structural separation;
(b) an undertaking about hybrid fibre - coaxial networks;
(c) an undertaking about subscription television broadcasting licences.
• 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.
• Certain operator services must be provided to end - users of standard telephone services.
• Directory assistance services must be made available to end - users of standard telephone services.
• If a person or association is under an obligation to provide and maintain an integrated public number database, carriage service providers must give the person or association information in connection with the fulfilment of that obligation.
• A carriage service provider who supplies a standard telephone service must provide itemised billing for each of its customers of such a service.
• This Part deals with priority assistance for people with life - threatening medical conditions.
• A carriage service provider must comply with the priority assistance industry code.
• If a carriage service provider receives an inquiry from a prospective residential customer about the supply of a standard telephone service, and the provider does not offer priority assistance, the provider must:
(a) inform the prospective residential customer that the provider does not offer priority assistance in connection with the service; and
(b) inform the prospective residential customer of the names of one or more carriage service providers from whom the prospective residential customer can obtain priority assistance.
• A carrier may enter on land and exercise any of the following powers:
(a) the power to inspect the land to determine whether the land is suitable for the carrier's purposes;
(b) the power to install a facility on the land;
(c) the power to maintain a facility that is situated on the land.
• The power to install a facility may only be exercised if:
(a) the carrier holds a facility installation permit; or
(b) the facility is a low - impact facility; or
(c) the facility is a temporary facility for use by, or on behalf of, a defence organisation for defence purposes; or
(d) the installation is carried out before 1 July 2000 for the sole purpose of connecting a building to a network that was in existence on 30 June 1997.
• A facility installation permit will only be issued in relation to a facility if:
(a) the carrier has made reasonable efforts to negotiate in good faith with the relevant proprietors and administrative authorities; and
(b) in a case where the facility is a designated overhead line--each relevant administrative authority has approved the installation of the line; and
(c) the telecommunications network to which the facility relates is or will be of national significance; and
(d) the facility is an important part of the telecommunications network to which the facility relates; and
(e) either the greater part of the infrastructure of the telecommunications network to which the facility relates has already been installed or relevant administrative authorities are reasonably likely to approve the installation of the greater part of the infrastructure of the telecommunications network to which the facility relates; and
(f) the advantages that are likely to be derived from the operation of the facility in the context of the telecommunications network to which the facility relates outweigh any form of degradation of the environment that is likely to result from the installation of the facility.
• In exercising powers under this Part, a carrier must comply with certain conditions, including:
(a) doing as little damage as practicable;
(b) acting in accordance with good engineering practice;
(c) complying with recognised industry standards;
(d) complying with conditions specified in the regulations;
(e) complying with conditions specified in a Ministerial Code of Practice;
(f) complying with conditions specified in a facility installation permit;
(g) giving notice to the owner of land.
• This Schedule regulates the installation of certain submarine cables that are connected to places in Australia.
• The ACMA may declare protection zones in relation to submarine cables. In a protection zone, certain activities are prohibited and restrictions may be imposed on other activities.
• Carriers who intend to install certain submarine cables in certain Australian waters must apply for a permit to do so from the ACMA.
• The ACMA may declare a protection zone in relation to a submarine cable installed in Australian waters.
• The ACMA must consult with the Environment Secretary and with the public before it declares a protection zone.
• Certain activities are prohibited in the zone and restrictions may be imposed on other activities in the zone.
• It is an offence for a person to damage a submarine cable in a protection zone, to engage in an activity that is prohibited in a protection zone, or to contravene any restrictions imposed on an activity in a protection zone.
• A carrier may apply to the ACMA to install a submarine cable in a protection zone.
• A carrier may apply to the ACMA to install an international submarine cable in both:
(a) a protection zone; and
(b) Australian waters that are not in a protection zone and that are not coastal waters.
• A carrier may apply to the ACMA to install an international submarine cable in Australian waters that are not in a protection zone and that are not coastal waters.
• There is a streamlined process for applications for permits to install submarine cables in protection zones. Also, a carrier who installs a submarine cable in a protection zone in accordance with a permit is exempt from certain State and Territory laws.
• It is an offence for a person to install an international submarine cable without a permit in a protection zone, or in Australian waters that are not in a protection zone and that are not coastal waters.
• It is an offence for a person to install a domestic submarine cable without a permit in a protection zone.
• It is also an offence for a person who holds a permit to breach
a condition of the permit.