!!!WARNING - The data on this site may not be up to date. SCALEplus is being progressively replaced by ComLaw .
[Browse Databases] [Alphabetical Index] ['Te' Index] [Download Act] [Search Act]
TELECOMMUNICATIONS ACT 1997 !!!The following amendments (No. 17, 2006 and No. 40, 2006 and No. 86, 2006 and No. 89, 2006) have not been incorporated. - List of Sections
Section
Compilation Information
Long Title
TELECOMMUNICATIONS ACT 1997 Part 1Introduction
1.
Short title [ see Note 1]
2.
Commencement [ see Note 1]
3.
Objects
4.
Regulatory policy
5.
Simplified outline
6.
Main index
7.
Definitions
7A.
Agency co-ordinator
8.
Crown to be bound
9.
Extra-territorial application
10.
Extension to external Territories
11.
Extension to adjacent 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 equipmentboundary of a telecommunications network
23.
Immediate circle
24.
Extended meaning of use
TELECOMMUNICATIONS ACT 1997 Part 2Network units
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
25.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Basic 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
TELECOMMUNICATIONS ACT 1997 Division 3Related 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
TELECOMMUNICATIONS ACT 1997 Division 4Distinct places
36.
Distinct placesbasic rules
37.
Properties
38.
Combined areas
39.
Principal user of a property
40.
Eligible combined areas
TELECOMMUNICATIONS ACT 1997 Part 3Carriers
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
41.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Prohibitions 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.
Exemptiondefence
46.
Exemptionintelligence operations
47.
Exemptiontransport authorities
48.
Exemptionbroadcasting services
49.
Exemptionelectricity supply bodies
50.
Exemptionline links authorised by or under previous laws
51.
ExemptionMinisterial determination
TELECOMMUNICATIONS ACT 1997 Division 3Carrier licences
52.
Applications for carrier licence
53.
Form of application etc.
53A.
Copy of application to be given to agency co-ordinator
54.
Application to be accompanied by charge
55.
Further information
56.
Grant of licence
56A.
Consultation with agency co-ordinator
57.
Carrier licence has effect subject to this Act
58.
Refusal of carrier licencedisqualified applicant
58A.
Refusal of carrier licencesecurity
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 Trade Practices Act 1974
63.
Conditions of carrier licence declared by Minister
64.
Consultation about declared licence conditions
65.
Conditions about foreign ownership or control
67.
Carrier licence conditionsspecial provisions
68.
Compliance with conditions
69.
Remedial directionsbreach of condition
70.
Formal warningsbreach 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
TELECOMMUNICATIONS ACT 1997 Division 4Nominated 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
TELECOMMUNICATIONS ACT 1997 Division 5Register of nominated carrier declarations and carrier licences
84.
Register of nominated carrier declarations and carrier licences
TELECOMMUNICATIONS ACT 1997 Part 4Service providers
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
85.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Service providers
86.
Service providers
TELECOMMUNICATIONS ACT 1997 Division 3Carriage service providers
87.
Carriage service providers
88.
Supply to the public
89.
Exemption from definitioncustomers located on the same premises
90.
Exemption from definitiondefence
91.
Exemption from definitionintelligence operations
92.
Exemption from definitiontransport authorities
93.
Exemption from definitionbroadcasting services
94.
Exemption from definitionelectricity supply bodies
95.
Exemption from definitionMinisterial determination
96.
Exemption from certain regulatory provisionsMinisterial determination
TELECOMMUNICATIONS ACT 1997 Division 4Content service providers
97.
Content service providers
TELECOMMUNICATIONS ACT 1997 Division 5Service 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 directionsbreach of service provider rules
103.
Formal warningsbreach of service provider rules
TELECOMMUNICATIONS ACT 1997 Part 5Monitoring of the performance of carriers and carriage service providers
104.
Simplified outline
105.
Monitoring of performanceannual report
105A.
Monitoring of performanceadditional report
TELECOMMUNICATIONS ACT 1997 Part 6Industry codes and industry standards
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
106.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Interpretation
107.
Industry codes
108.
Industry standards
108A.
Electronic messaging service provider
108B.
Telecommunications industry
109.
Telecommunications activity
109A.
E-marketing activity
110.
Sections of the telecommunications industry
110A.
Sections of the e-marketing industry
111.
Participants in a section of the telecommunications industry
111A.
Participants in a section of the e-marketing industry
111B.
Unsolicited commercial electronic messages
TELECOMMUNICATIONS ACT 1997 Division 3General 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
TELECOMMUNICATIONS ACT 1997 Division 4Industry 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 or the e-marketing industry
120.
Replacement of industry codes
121.
Directions about compliance with industry codes
122.
Formal warningsbreach of industry codes
122A.
De-registering industry codes and provisions of industry codes
TELECOMMUNICATIONS ACT 1997 Division 5Industry 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
126.
Industry standards not to be determined for certain privacy matters
127.
Industry standards not to be determined during the first 180 days after commencement
128.
Compliance with industry standards
129.
Formal warningsbreach 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 Privacy Commissioner
135.
Consultation with consumer body
TELECOMMUNICATIONS ACT 1997 Division 6Register of industry codes and industry standards
136.
ACMA to maintain Register of industry codes and industry standards
TELECOMMUNICATIONS ACT 1997 Division 7Miscellaneous
137.
Protection from civil proceedings
138.
Implied freedom of political communication
TELECOMMUNICATIONS ACT 1997 Part 13Protection of communications
TELECOMMUNICATIONS ACT 1997 Division 1Introduction
270.
Simplified outline
271.
Eligible person
272.
Number-database operator and eligible number-database person
273.
Information
274.
Telecommunications contractor
275.
Number-database contractor
TELECOMMUNICATIONS ACT 1997 Division 2Primary disclosure/use offences
276.
Primary disclosure/use offenceeligible persons
277.
Primary disclosure/use offenceeligible number-database persons
278.
Primary disclosure/use offenceemergency call persons
TELECOMMUNICATIONS ACT 1997 Division 3Exceptions to primary disclosure/use offences
TELECOMMUNICATIONS ACT 1997 Subdivision AExceptions
279.
Performance of person's duties
280.
Authorisation by or under law
281.
Witnesses
282.
Law enforcement and protection of public revenue
283.
ASIO
284.
Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman
285.
Integrated public number database
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
292.
Circumstances prescribed in the regulations
293.
Uses connected with exempt disclosures
294.
Generality of Subdivision not limited
TELECOMMUNICATIONS ACT 1997 Subdivision BBurden of proof
295.
Burden of proof
TELECOMMUNICATIONS ACT 1997 Division 4Secondary disclosure/use offences
296.
Performance of person's duties
297.
Authorisation by or under law
298.
Law enforcement and protection of public revenue
299.
Assisting the ACMA, the ACCC or the Telecommunications Industry Ombudsman
300.
Threat to person's life or health
301.
Communications for maritime purposes
302.
Business needs of other carriers or service providers
303.
Secondary offencecontravening this Division
303A.
Generality of Division not limited
TELECOMMUNICATIONS ACT 1997 Division 4ARelationship with the Privacy Act 1988
303B.
Acts taken to be authorised by law for purposes of Privacy Act
303C.
Prosecution of an offence against this Part does not affect proceedings under the Privacy Act 1988
TELECOMMUNICATIONS ACT 1997 Division 5Record-keeping requirements
304.
Associate
305.
Certificates issued by authorised officers of enforcement agencies
306.
Record of disclosures
307.
Incorrect records
308.
Annual reports to the ACMA by carriers, carriage service providers or number-database operators
309.
Monitoring by the Privacy Commissioner
TELECOMMUNICATIONS ACT 1997 Division 6Instrument-making powers not limited
310.
Instrument-making powers not limited
TELECOMMUNICATIONS ACT 1997 Part 14National interest matters
311.
Simplified outline
312.
ACMA's obligations
313.
Obligations of carriers and carriage service providers
314.
Terms and conditions on which help is to be given
314A.
Delivery points
315.
Suspension of supply of carriage service in an emergency
316.
Generality of Part not limited
TELECOMMUNICATIONS ACT 1997 Part 15Co-operation with agencies
TELECOMMUNICATIONS ACT 1997 Division 1Introduction
317.
Simplified outline
318.
Definition
319.
Meaning of interception
320.
Meaning of interception capability, special assistance capability and agency specific delivery capability
TELECOMMUNICATIONS ACT 1997 Division 2Obligations concerning interception and special assistance capabilities and exemption from those obligations
TELECOMMUNICATIONS ACT 1997 Subdivision AIntroduction
321.
Purpose of Division
TELECOMMUNICATIONS ACT 1997 Subdivision BObligations
322.
Attorney-General may make determinations
323.
Obligations of persons covered by a determination
324.
Obligations of persons not covered by a determination in relation to particular carriage service
TELECOMMUNICATIONS ACT 1997 Subdivision CExemptions
325.
The Minister may grant exemption
326.
The agency co-ordinator may grant exemption
327.
ACMA may grant exemption when authorising trial services
TELECOMMUNICATIONS ACT 1997 Division 3Interception capability plans
328.
Purpose of Division
329.
Nature of an interception capability plan
330.
Carriers' obligations in relation to IC plans
331.
Nominated carriage service providers' obligations in relation to IC plans
332.
Lodgment of IC plans
332A.
Commencement of IC plans
332B.
Compliance with IC plans and amended IC plans
332C.
Consideration of IC plans
332D.
Consequences of changed business plans
TELECOMMUNICATIONS ACT 1997 Division 4Requirement arising from proposed technological changes
332E.
Purpose of Division
332F.
Carrier or provider to notify impending technological change
332G.
ACMA to give agencies a reasonable opportunity to consult on new technology
332H.
Extensions to consultation periods
332J.
Delivery requirements arising from implementation of new or altered technology
TELECOMMUNICATIONS ACT 1997 Division 5Allocation of costs in relation to interception, special assistance, and agency specific delivery capabilities
332K.
Purpose of Division
332L.
Distribution of the costs of interception, special assistance, and agency specific delivery capabilities
332M.
Exception to the cost distribution set out in section 332L
332N.
Working out costs of agency specific delivery capabilities
332P.
Examination of lower cost options
332Q.
ACMA may require independent audit of costs
TELECOMMUNICATIONS ACT 1997 Division 6Review of cost-effectiveness of interception
332R.
Minister to conduct review etc.
TELECOMMUNICATIONS ACT 1997 Part 16Defence requirements and disaster plans
TELECOMMUNICATIONS ACT 1997 Division 1Introduction
333.
Simplified outline
334.
Defence authority
TELECOMMUNICATIONS ACT 1997 Division 2Supply of carriage services
335.
Requirement to supply carriage services for defence purposes or for the management of natural disasters
TELECOMMUNICATIONS ACT 1997 Division 3Defence planning
336.
Definitions
337.
Preparation of draft agreement
338.
ACMA's certification of draft agreement
339.
Requirement to enter into certified agreement
340.
Compliance with agreement
341.
Withdrawal of certification of agreement
342.
Duration of agreement
343.
Variation of agreement
TELECOMMUNICATIONS ACT 1997 Division 4Disaster plans
344.
Designated disaster plans
345.
Carrier licence conditions about designated disaster plans
346.
Service provider determinations about designated disaster plans
346A.
Carrier and carriage service provider immunity
TELECOMMUNICATIONS ACT 1997 Division 5Delegation
347.
Delegation
TELECOMMUNICATIONS ACT 1997 Part 17Pre-selection in favour of carriage service providers
348.
Simplified outline
349.
Requirement to provide pre-selection
350.
When pre-selection is provided in favour of a carriage service provider
350A.
Declared carriage services
351.
Pre-selection to be provided
352.
Exemptions from requirement to provide pre-selection
353.
Use of over-ride dial codes
TELECOMMUNICATIONS ACT 1997 Part 18Calling line identification
354.
Simplified outline
355.
Calling line identification
356.
Exemptions from calling line identification requirement
TELECOMMUNICATIONS ACT 1997 Part 19Advanced Mobile Phone System (AMPS)
357.
Simplified outline
358.
Meaning of AMPS
359.
Scope of Part
360.
No new AMPS
361.
AMPS to be phased out
362.
Limited exemption from phase-out of AMPS
363.
Competition not to be reduced
TELECOMMUNICATIONS ACT 1997 Part 20International aspects of activities of the telecommunications industry
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
364.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Compliance with international agreements
365.
INTELSAT and Inmarsatdirections to Signatories
366.
Compliance with conventions
TELECOMMUNICATIONS ACT 1997 Division 3Rules of conduct about dealings with international telecommunications operators
367.
Rules of conduct about dealings with international telecommunications operators
368.
ACCC to administer Rules of Conduct
369.
Rules of Conduct to bind carriers and carriage service providers
370.
Unenforceability of agreements
371.
Investigations by the ACCC
372.
Reviews of the operation of this Division
TELECOMMUNICATIONS ACT 1997 Part 21Technical regulation
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
373.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Interpretative provisions
374.
Part applies to networks or facilities in Australia operated by carriers or carriage service providers
375.
Manager of network or facility
TELECOMMUNICATIONS ACT 1997 Division 3Technical standards about customer equipment and customer cabling
376.
ACMA's power to make technical standards
377.
Adoption of voluntary standards
378.
Procedures for making technical standards
379.
Making technical standards in cases of urgency
TELECOMMUNICATIONS ACT 1997 Division 4Disability standards
380.
Disability standards
381.
Adoption of voluntary standards
382.
Procedures for making disability standards
383.
Effect of compliance with disability standards
TELECOMMUNICATIONS ACT 1997 Division 5Technical standards about the interconnection of facilities
384.
ACMA's power to make technical standards
385.
Adoption of voluntary standards
386.
Procedures for making technical standards
387.
Procedures for making technical standards
388.
Provision of access
389.
Promotion of the long-term interests of end-users of carriage services and of services supplied by means of carriage services
TELECOMMUNICATIONS ACT 1997 Division 6Connection permits and connection rules
TELECOMMUNICATIONS ACT 1997 Subdivision AConnection permits authorising the connection of non-standard customer equipment and non-standard cabling
390.
Application for connection permit
391.
Form of application
392.
Application to be accompanied by charge
393.
Further information
394.
Issue of connection permits
395.
Connection permit has effect subject to this Act
396.
Nominees of holder
397.
Duration of connection permits
398.
Conditions of connection permits
399.
Offence of contravening condition
400.
Formal warningsbreach of condition
401.
Surrender of connection permit
402.
Cancellation of connection permit
403.
Register of connection permits
TELECOMMUNICATIONS ACT 1997 Subdivision BConnection rules
404.
Connection rules
405.
Procedures for making connection rules
TELECOMMUNICATIONS ACT 1997 Division 7Labelling of customer equipment and customer cabling
406.
Application of labels
406A.
Application of Division to agent of manufacturer or importer
407.
Labelling requirements
408.
Requirements to apply labelsancillary matters
409.
Recognised testing authorities and competent bodies
410.
Certification bodies
411.
Connection of customer equipment or customer cablingbreach of section 376 standards
412.
Connection of labelled customer equipment or customer cabling not to be refused
413.
Supply of unlabelled customer equipment or unlabelled customer cabling
414.
Applying labels before satisfying requirements under subsection 408(5)
415.
Failure to retain records etc.
416.
Application of labels containing false statements about compliance with standards
TELECOMMUNICATIONS ACT 1997 Division 8Protected symbols
417.
Protected symbols
TELECOMMUNICATIONS ACT 1997 Division 9Cabling providers
418.
Cabling work
419.
Types of cabling work
420.
Prohibition of unauthorised cabling work
421.
Cabling provider rules
422.
Procedures for making cabling provider rules
423.
Application for cabling licence
424.
Form of application
425.
Application to be accompanied by charge
426.
Further information
427.
Grant of cabling licence
428.
Time limit on licence decision
429.
Notification of refusal of application
430.
Cabling licence has effect subject to this Act
431.
Duration of cabling licence
432.
Conditions of cabling licence
433.
Procedures for changing licence conditions
434.
Offence in relation to contravening condition
435.
Formal warningsbreach of condition
436.
Surrender of cabling licence
437.
Suspension of cabling licence
438.
Cancellation of cabling licence
439.
ACMA may limit application of Division in relation to customer cabling
440.
Ministerial directions
441.
Delegation
442.
Register of cabling licences
TELECOMMUNICATIONS ACT 1997 Division 10Remedies for unauthorised connections to telecommunications networks etc.
443.
Civil action for unauthorised connections to telecommunications networks etc.
444.
Remedy for contravention of labelling requirements
445.
Remedies for connection of unlabelled customer equipment or unlabelled customer cabling
446.
Disconnection of dangerous customer equipment or customer cabling
447.
Disconnection of customer equipment or customer cablingprotection of the integrity of networks and facilities
448.
Civil action for dangerous connections to telecommunications networks etc.
449.
Other remedies not affected
TELECOMMUNICATIONS ACT 1997 Division 11Prohibited customer equipment and prohibited customer cabling
450.
Declaration of prohibited customer equipment or prohibited customer cabling
451.
Consultation on proposed declaration
452.
Operation of prohibited customer equipment or customer cabling
TELECOMMUNICATIONS ACT 1997 Division 12Pre-commencement labels
453.
Pre-commencement labels
TELECOMMUNICATIONS ACT 1997 Division 13Penalties payable instead of prosecution
453A.
Penalties payable instead of prosecution
TELECOMMUNICATIONS ACT 1997 Part 22Numbering of carriage services and regulation of electronic addressing
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
454.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Numbering of carriage services
TELECOMMUNICATIONS ACT 1997 Subdivision ANumbering plan
455.
Numbering plan
456.
Numbering plansupply to the public
457.
Numbering planallocation otherwise than in accordance with an allocation system
458.
Numbering planrules about portability of allocated numbers
459.
ACMA to administer numbering plan
460.
Consultation about numbering plan
461.
Consultation with ACCC
462.
Compliance with the numbering plan
TELECOMMUNICATIONS ACT 1997 Subdivision BAllocation system for numbers
463.
Allocation system for numbers
464.
Consultation about an allocation system
TELECOMMUNICATIONS ACT 1997 Subdivision CMiscellaneous
465.
Register of allocated numbers
466.
Emergency service numbers
467.
Delegation
468.
Collection of numbering charges
469.
Collection of charges on behalf of the Commonwealth
470.
Cancellation of certain exemptions from charge
471.
Commonwealth not liable to charge
472.
Integrated public number database
473.
Letters and symbols taken to be numbers
TELECOMMUNICATIONS ACT 1997 Division 3Regulation of electronic addressing
474.
Declared manager of electronic addressing
475.
ACMA may give directions to declared manager of electronic addressing
476.
ACCC may give directions to declared manager of electronic addressing
477.
ACCC's directions to prevail over the ACMA's directions
TELECOMMUNICATIONS ACT 1997 Part 23Standard agreements for the supply of carriage services
478.
Simplified outline
479.
Standard terms and conditions apply unless excluded
480.
Standard form of agreement to be publicly available
480A.
Other information to be publicly available
481.
Standard form of agreement to be given to the ACMA
482.
Concurrent operation of State/Territory laws
483.
Trade Practices Act not affected by this Part
TELECOMMUNICATIONS ACT 1997 Part 24Carriers' powers and immunities
484.
Schedule 3
TELECOMMUNICATIONS ACT 1997 Part 24ASubmarine cables
484A.
Schedule 3A
TELECOMMUNICATIONS ACT 1997 Part 25Public inquiries
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
485.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Inquiries by the ACMA
486.
When inquiry must be held
487.
When inquiry may be held
488.
Informing the public about an inquiry
489.
Discussion paper
490.
Written submissions and protection from civil actions
491.
Hearings
492.
Hearing to be in public except in exceptional cases
493.
Confidential material not to be published
494.
Direction about private hearings
495.
Reports on inquiries
TELECOMMUNICATIONS ACT 1997 Division 3Inquiries by the ACCC
496.
When inquiry must be held
497.
When inquiry may be held
498.
Informing the public about an inquiry
499.
Discussion paper
500.
Written submissions and protection from civil actions
501.
Hearings
502.
Hearing to be in public except in exceptional cases
503.
Confidential material not to be published
504.
Direction about private hearings
505.
Reports on inquiries
506.
ACCC's other powers not limited
TELECOMMUNICATIONS ACT 1997 Part 26Investigations
507.
Simplified outline
508.
Matters to which this Part applies
509.
Complaints to the ACMA
510.
Investigations by the ACMA
511.
Preliminary inquiries
512.
Conduct of investigations
513.
Complainant and certain other persons to be informed of various matters
514.
Reference of matters to Ombudsman or other responsible person
515.
Reference of matters to the ACCC
516.
Reports on investigations
517.
Publication of reports
518.
Person adversely affected by report to be given opportunity to comment
519.
Protection from civil actions
TELECOMMUNICATIONS ACT 1997 Part 27The ACMA's information-gathering powers
TELECOMMUNICATIONS ACT 1997 Division 1Simplified outline
520.
Simplified outline
TELECOMMUNICATIONS ACT 1997 Division 2Information-gathering powers
521.
The ACMA may obtain information and documents from carriers and service providers
522.
The ACMA may obtain information and documents from other persons
523.
Copying documentsreasonable compensation
524.
Self-incrimination
525.
Giving false or misleading information or evidence
527.
Copies of documents
528.
ACMA may retain documents
TELECOMMUNICATIONS ACT 1997 Division 3Record-keeping rules
529.
ACMA may make record-keeping rules
530.
Compliance with record-keeping rules
531.
Incorrect records
TELECOMMUNICATIONS ACT 1997 Part 28Enforcement
TELECOMMUNICATIONS ACT 1997 Division 1Introduction
532.
Simplified outline
532A.
References to the Spam Act 2003
TELECOMMUNICATIONS ACT 1997 Division 2Inspectors and identity cards
533.
Inspectors
534.
Identity cards
TELECOMMUNICATIONS ACT 1997 Division 3Search warrants relating to breaches of the Spam Act 2003 or Part 21 of this Act
535.
Magistrate may issue warrant
536.
Reasonable grounds for issuing warrant etc.
537.
Contents of warrant
538.
Warrants may be issued by telephone etc.
539.
Provisions relating to issue of warrant by telephone etc.
540.
Proceedings involving warrant issued by telephone etc.
TELECOMMUNICATIONS ACT 1997 Division 4Searches and seizures relating to breaches of the Spam Act 2003 or Part 21 of this Act
541.
When is a thing connected with an offence?
541A.
When is a thing connected with a breach of the Spam Act 2003 ?
542.
Searches and seizures
543.
Production of identity card etc.
544.
Evidence of commission of other offences against Part 21 of this Act or other breaches of the Spam Act 2003
545.
Emergency entry, search and seizure
546.
Retention of things seized
TELECOMMUNICATIONS ACT 1997 Division 5Searches to monitor compliance with Part 21
547.
Searches to monitor compliance with Part 21
TELECOMMUNICATIONS ACT 1997 Division 5ASearches to monitor compliance with the Spam Act 2003
547A.
Powers available to inspectors for monitoring compliance
547B.
Monitoring powers
547C.
Production of identity card etc.
547D.
Monitoring warrants
547E.
Details of warrant to be given to occupier etc.
547F.
Announcement before entry
547G.
Compensation for damage to equipment
547H.
Occupier entitled to be present during search
TELECOMMUNICATIONS ACT 1997 Division 5BAccess to computer data that is relevant to the Spam Act 2003
547J.
Access to computer data that is relevant to the Spam Act 2003
TELECOMMUNICATIONS ACT 1997 Division 6Other powers of inspectors
548.
General powers of inspectors
549.
Power to require information etc.
550.
Retention of documents
TELECOMMUNICATIONS ACT 1997 Division 7Forfeiture
551.
Court may order forfeiture
552.
Forfeited goods may be sold
TELECOMMUNICATIONS ACT 1997 Division 8Future offences
553.
Offences that are going to be committed
TELECOMMUNICATIONS ACT 1997 Part 29Review of decisions
554.
Simplified outline
555.
Decisions that may be subject to reconsideration by the ACMA
556.
Deadlines for reaching certain decisions
557.
Statements to accompany notification of decisions
558.
Applications for reconsideration of decisions
559.
Reconsideration by the ACMA
560.
Deadlines for reconsiderations
561.
Statements to accompany notification of decisions on reconsideration
562.
Review by the Administrative Appeals Tribunal
TELECOMMUNICATIONS ACT 1997 Part 30Injunctions
563.
Simplified outline
564.
Injunctions
565.
Interim injunctions
566.
Discharge etc. of injunctions
567.
Certain limits on granting injunctions not to apply
568.
Other powers of the court unaffected
TELECOMMUNICATIONS ACT 1997 Part 31Civil penalties
569.
Simplified outline
570.
Pecuniary penalties for contravention of civil penalty provisions
571.
Civil action for recovery of pecuniary penalties
572.
Criminal proceedings not to be brought for contravention of civil penalty provisions
TELECOMMUNICATIONS ACT 1997 Part 31AEnforceable undertakings
572A.
Simplified outline
572B.
Acceptance of undertakings
572C.
Enforcement of undertakings
TELECOMMUNICATIONS ACT 1997 Part 32Vicarious liability
573.
Simplified outline
574.
Proceedings under this Act
574A.
Definition
575.
Liability of corporations
576.
Liability of persons other than corporations
TELECOMMUNICATIONS ACT 1997 Part 34Special provisions relating to functions and powers of the ACMA and the Attorney-General in respect of telecommunications
579.
Simplified outline
580.
ACMA must have regard to conventions
581.
Power to give directions to carriers and service providers
TELECOMMUNICATIONS ACT 1997 Part 35Miscellaneous
582.
Simplified outline
583.
Penalties for certain continuing offences
584.
Procedure relating to certain continuing offences
585.
Treatment of partnerships
586.
Giving of documents to partnerships
587.
Nomination of address for service of documents
588.
Service of summons or process on foreign corporationscriminal proceedings
589.
Instruments under this Act may provide for matters by reference to other instruments
590.
Arbitrationacquisition of property
591.
Compensationconstitutional safety net
592.
Act not to affect performance of State or Territory functions
593.
Funding of consumer representation, and of research, in relation to telecommunications
594.
Regulations
TELECOMMUNICATIONS ACT 1997 Schedule 1Standard carrier licence conditions
TELECOMMUNICATIONS ACT 1997 Schedule 2Standard service provider rules
TELECOMMUNICATIONS ACT 1997 Schedule 3Carriers' powers and immunities
TELECOMMUNICATIONS ACT 1997 Schedule 3AProtection of submarine cables
TELECOMMUNICATIONS ACT 1997 Schedule 4Reviewable decisions of the ACMA
TELECOMMUNICATIONS ACT 1997 Notes to the Telecommunications Act 1997
Note 2
Note 3
Table A
[Browse Databases] [Alphabetical Index] ['Te' Index] [Download Act] [Search Act] [Back to top]