Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (EXEMPT ACTIVITIES) REGULATIONS 1991 NO. 356

Statutory Rule 1991 No. 356

Telecommunications (Exempt Activities) Regulations

Issued by the Authority of the Minister for Transport and Communications

Section 406 of the Telecommunications Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 4 of the Acts Interpretation Act 1901 allows the making of regulations under an Act where an Act is expressed to confer power to make regulations and before that Act comes into operation. Section 116 of the Act has not been proclaimed but will commence on 1 January 1991.

Subsection 116(1) of the Act provides that regulations may provide that specified carriers may engage in specified exempt activities despite specified laws of a State or Territory.

The Telecommunications (Exempt Activities) Regulations (the Regulations) will enable carriers to engage in activities related to the development and maintenance of essential network infrastructure without being required to comply with certain State and Territory laws.

The Minister for Transport and Communications is to determine a National Code (the Code) under subsection 117(1) of the Act covering, inter alia, technical, design, safety, environmental or other standards with which carriers must comply in connection with specified exempt activities. An important feature of the Code is the Government's decision that, as a condition of the Code, the carriers will be required to advise and consult with relevant State, Territory and local authorities prior to undertaking any exempt activities.

Under subsection 118(2) of the Act, carriers are required, when carrying out an exempt activity, to comply with the Code where it provides for that exempt activity.

The Regulations provide the framework within which the Code will apply.

Regulation 1 provides for the citation of the Telecommunications (Exempt Activities) Regulations.

Regulation 2 provides that for the commencement of the Regulations on the day section 116 of the Act commences.

Regulation 3 provides that expressions in the Regulations have the meaning given in Regulation 3, unless the contrary intention appears.

Regulation 4 specifies those carriers to which regulation 5 shall apply. The carriers specified are those holding a general telecommunications licence or a public mobile licence issued under section 57 of the Telecommunications Act 1991. Accordingly, the Regulations apply to Telecom, OTC, AOTC and the second carrier, the latter two holding both general and public mobile licences. A third public mobile licence is planned to be issued at a later date.

Regulation 5 specifies those activities by carriers, relating to the construction, maintenance, repair, refurbishment, alteration or demolition, which shall be exempt from State and Territory laws. These exempt activities relate to the essential network infrastructure.

The regulation also lists specific types of apparatus, essentially the network hardware, that shall be exempt from State and Territory laws.

Regulation 6 specifies classes of State and Territory laws from which the specified carriers are to be exempt for the purposes of conduct of their exempt activities. This exemption from State and Territory laws is a considerable wind back of the blanket exemption that Telecom currently enjoys. The carriers are to be subject to State and Territory laws with regard to their other activities.

Regulation 7 provides an additional exemption to Telecom and OTC in relation to their exempt activities from the operation of State and Territory occupational health and safety laws.

The Regulations will commence on the day that section 116 of the Act commences.