Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (TELECOM AGREEMENTS) REGULATIONS 1991 NO. 357

Statutory Rule 1991 No. 357

Telecommunications (Telecom Agreements) 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 124 of the Act states Parliament's intention that all carriers should be able to become parties, on an equal basis, to certain agreements and arrangements to which Telecom was a party, at the commencement of the section relating to coordination of the respective activities of, or co-operation between, Telecom and any of the following:

•       public authorities of the Commonwealth or of a State or Territory; or

•       other bodies that supply services to the public generally.

Subsection 125(1) of the Act provides that where, at the commencement of section 125, Telecom is a party to an agreement or arrangement, a carrier (other than Telecom or its successor in law) may request AUSTEL to give directions under Division 2 of Part 7 of the Act. The Telecommunications (Telecom Agreements) Regulations prescribe for the purposes of subsection 125(1) of the Act, these agreements or arrangements.

It is intended that Telecom be required to provide AUSTEL with copies and details of all such agreements and arrangements which were force on 1 July 1991. These shall be made available to carriers on request.

AUSTEL's powers to give directions in relation to the prescribed agreements or arrangements are set out in section 126 of the Act and include the power to direct persons and parties other than carriers. Enforcement of directions to persons or parties other than carriers is provided for under section 127 of the Act.

Regulation 1 provides for the citation of the Telecommunications (Telecom Agreements) Regulations.

Regulation 2 provides that expressions in the Regulations have the meaning given in regulation 2, unless the contrary intention appears.

Regulation 3 provides that prescribed agreements or arrangements shall be those agreements or arrangements to which Telecom is a party at the commencement of section 124 of the Act that establish codes of practice or conduct of a kind referred to in section 124 of the Act.

The Regulations will commence on the date of notification in the Gazette.