* The ACA may be
directed by the Minister to monitor, and report on, specified matters relating
to the performance of carriers and carriage service providers.
Note: The
heading to section 105 is amended by adding at the end "—annual report".
2 At the end of Part 5
Add:
105A Monitoring of performance—additional
report
(1)
The ACA must monitor, and report to the Minister on, specified
matters relating to the performance of carriers and carriage service providers
in accordance with any written direction given by the Minister to the ACA.
(2)
The ACA must give a report under subsection (1) to the Minister:
(a)
if
paragraph (b) does not apply—as soon as practicable after the end of a
period specified in the direction; or
(b)
if the direction requires the
report to be given before a specified time—before that time.
3
Paragraph 245(b)
Omit "or (ii)", substitute ", (ii) or (iii)".
4 Paragraphs
350(1)(b) and (2)(b)
Repeal the paragraphs.
5 After sections 406
Insert:
406A Application of Division to agent of manufacturer or importer
For the purposes of this Act and to avoid doubt, a reference in this Division
to a manufacturer or importer of customer equipment or customer cabling
includes a reference to a person who is authorised in writing by such a
manufacturer or importer to act in Australia as an agent of the manufacturer
or importer (as the case may be) for the purposes of this Division.
6
Subsection 407(1)
Omit "manufactures or imports", substitute "is a
manufacturer or importer of".
7 Paragraph 408(5)(d)
After "the
manufacturer", insert "or importer".
8 Paragraph 413(1)(a)
Omit "has
manufactured or imported", substitute "is a manufacturer or importer of".
9
Transitional provision—labelling requirements
(1)
In this item:
"ACA" means the Australian Communications Authority.
section 407 instrument
means an instrument made under section 407 of the Telecommunications Act.
"transitional period" means the period beginning when the first section 407
instrument came into force and ending immediately before the commencement of
this item.
(2)
For the purposes of the operation of the
Telecommunications Act in relation to the transitional period, that Act, and
any section 407 instrument in force during that period, have effect as if:
(a)
a reference to a person who manufactures or imports customer equipment or
customer cabling; or
(b)
a reference to a manufacturer or importer of
customer equipment or customer cabling;
were also a reference to a person who, at any time during the transitional
period, was authorised (whether because of actual or apparent authority) to
act in Australia as an agent of a manufacturer or importer of customer
equipment or customer cabling for the purposes of Division 7 of Part 21 of the
Telecommunications Act.
10 Subsection 458(3)
Omit "(1)", substitute "(2)".
11 Clause 4 of Schedule 1
Add at the end:
(2)
A carrier must at all times
have a current industry development plan.
(3)
For the purposes of subclause
(2), a carrier has a current industry development plan if the carrier has
given the plan to the Industry Minister and the Industry Minister has approved
the plan.
12 Subclause 8(1) of Schedule 1
Omit "giving the Industry
Minister an industry development plan, a", substitute "the Industry Minister
has approved a carrier's industry development plan, the".
13 Subclause 9(1)
of Schedule 1
Repeal the subclause, substitute:
(1)
A carrier may vary an
industry development plan if the carrier has given a copy of the proposed
variation to the Industry Minister and the Industry Minister has approved it.
(1A)
As soon as practicable after varying an industry development plan under
subclause (1), a carrier must make a summary of the variation available to the
public.
14 Clause 11 of Schedule 1
Repeal the clause, substitute:
11
Formulation of plan or variation—Commonwealth government policy about
industry development
(1)
The Industry Minister may, by notice published in
the Gazette , declare that a particular Commonwealth government policy (the
declared policy ) is relevant in formulating an industry development plan or a
variation of an industry development plan.
(2)
The notice:
(a)
may include
the whole or a summary of the declared policy; and
(b)
if the whole of the
declared policy is not included in the notice—must state where and when a
copy of the declared policy can be obtained.
(3)
An applicant for a carrier
licence must have regard to the declared policy when formulating an industry
development plan.
(4)
A carrier must have regard to the declared policy when
formulating a variation of an industry development plan.
15 Paragraph
5(1)(b) of Schedule 3
Repeal the paragraph, substitute:
(b)
do anything on
the land that is necessary or desirable for that purpose, including, for
example:
(i)
making surveys, taking levels, sinking bores, taking samples,
digging pits and examining the soil; and
(ii)
felling and lopping trees and
clearing and removing other vegetation and undergrowth; and
(iii)
closing,
diverting or narrowing a road or bridge; and
(iv)
installing a facility in,
over or under a road or bridge; and
(v)
altering the position of a water,
sewerage or gas main or pipe; and
(vi)
altering the position of an
electricity cable or wire.
16 Paragraph 5(2)(b) of Schedule 3
Repeal the
paragraph, substitute:
(b)
do anything on the entered land that is necessary
or desirable for that purpose, including, for example:
(i)
making surveys and taking levels; and
(ii)
felling and lopping trees and
clearing and removing other vegetation and undergrowth; and
(iii)
closing,
diverting or narrowing a road or bridge; and
(iv)
installing a facility in,
over or under a road or bridge; and
(v)
altering the position of a water,
sewerage or gas main or pipe; and
(vi)
altering the position of an
electricity cable or wire.
17 Paragraph 17(6)(a) of Schedule 3
After
"Division", insert "2 (which deals with inspection of land), 3 (which deals
with installation of facilities) or".
18 After subclause 17(6) of Schedule 3
Insert:
(6A)
Subclause (1) does not apply if:
(a)
the carrier intends to
engage in an activity under Division 2, 3 or 4 in relation to the
installation, proposed installation or maintenance of a temporary defence
facility; and
(b)
the carrier considers that compliance with subclause (1) is
impracticable in the circumstances.
(6B)
For the purposes of this clause, a
temporary defence facility is a facility of the kind that is mentioned in
paragraph 6(1)(c) of this Schedule.
19 Subclause 18(1) of Schedule 3
After
"Division", insert "2,".
20 After subclause 18(3) of Schedule 3
Insert:
(3A)
Subclauses (1) and (2) do not apply if:
(a)
the carrier intends to
engage in an activity under Division 2, 3 or 4 in relation to the
installation, proposed installation or maintenance of a temporary defence
facility; and
(b)
the carrier considers that compliance with subclause (1) is
impracticable in the circumstances.
(3B)
For the purposes of this clause, a
temporary defence facility is a facility of the kind mentioned in paragraph
6(1)(c) of this Schedule.
21 Paragraph 18(4)(a) of Schedule 3
After
"Division", insert "2 (which deals with inspection of land), 3 (which deals
with installation of facilities) or".
22 After subclause 19(2) of Schedule 3
Insert:
(2A)
Subclause (1) does not apply if:
(a)
the carrier intends to
engage in an activity under Division 2, 3 or 4 in relation to the
installation, proposed installation or maintenance of a temporary defence
facility; and
(b)
the carrier considers that compliance with subclause (1) is
impracticable in the circumstances.
(2B)
For the purposes of this clause, a
temporary defence facility is a facility of the kind mentioned in paragraph
6(1)(c) of this Schedule.
23 Paragraph 19(3)(a) of Schedule 3
After
"Division", insert "2 (which deals with inspection of land), 3 (which
deals with installation of facilities) or".
24 Subclauses 27(1) and (2) of
Schedule 3
Repeal the subclauses, substitute:
Criteria
(1)
The ACA must
not issue a facility installation permit that authorises a carrier to carry
out the installation of one or more facilities unless the ACA is satisfied
that:
(a)
the telecommunications network to which the facilities relate is,
or is likely to be, of national significance; and
(b)
the facilities are, or
are likely to be, an important part of the telecommunications network to which
the facilities relate; and
(c)
any of the following conditions is satisfied:
(i)
the greater part of the infrastructure of the telecommunications network
to which the facilities relate has already been installed;
(ii)
the greater
part of the infrastructure of the telecommunications network to which the
facilities relate has not been installed but each administrative authority
whose approval was required or would, apart from Division 3, be required, for
the installation of the greater part of the infrastructure of the network has
given, or is reasonably likely to give, such approval;
(iii)
no part of the
infrastructure of the telecommunications network to which the facilities
relate has been installed, but each administrative authority whose approval
was required or would, apart from Division 3, be required, for the
installation of the greater part of the infrastructure of the network has
given, or is reasonably likely to give, such an approval; and
(d)
the
advantages that are likely to be derived from the operation of the facilities
in the context of the telecommunications network to which the facilities
relate outweigh any form of degradation of the environment that is likely to
result from the installation of the facilities; and
(e)
in a case where none
of the facilities consists of a designated overhead line—the conditions
set out in subclause (2) are satisfied; and
(f)
in a case where any of the
facilities consists of a designated overhead line—all the conditions set
out in subclause (2A) are satisfied.
Conditions relating to facilities other
than designated overhead lines
(2)
For the purposes of paragraph (1)(e), the
following conditions are specified:
(a)
the carrier has made reasonable
efforts to negotiate in good faith with:
(i)
each proprietor whose approval
is required, or would, apart from Division 3, be required, for carrying out
the installation; and
(ii)
each administrative authority whose approval is
required, or would, apart from Division 3, be required, for carrying out the
installation; and
(b)
one of the following subparagraphs applies:
(i)
at
least one approval that is referred to in subparagraph (a)(i) has not been
obtained within 20 business days after the beginning of the negotiations
concerned;
(ii)
at least one approval that is referred to in subparagraph
(a)(ii) has not been obtained within 6 months after the beginning of the
negotiations concerned;
(iii)
at least one approval that is referred to in
paragraph (a) has been refused.
Conditions relating to facilities consisting
of designated overhead lines
(2A)
For the purposes of paragraph (1)(f), the
following conditions are specified:
(a)
the carrier has made reasonable
efforts to negotiate in good faith with each proprietor whose approval is
required, or would, apart from Division 3, be required, for carrying out the
installation; and
(b)
at least one of those approvals has not been obtained
within 20 business days after the beginning of the negotiations concerned; and
(c)
each administrative authority whose approval is required, or would, apart
from Division 3, be required, for the installation of the line has given such
an approval.
Commonwealth Consolidated Acts