Document ID: chunk:federal_register_of_legislation:C2024C00742:section:5:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 5 (pt 1/2)
Character Range: 24241–27383

5  Simplified outline
  The following is a simplified outline of this Act:

         • This Act sets up a system for regulating telecommunications.
         • The main entities regulated by this Act are carriers and service providers.
         • A carrier is the holder of a carrier licence granted under this Act.
         • The owner of a network unit that is used to supply carriage services to the public must hold a carrier licence unless responsibility for the unit is transferred from the owner to a carrier.
         • There are 4 types of network unit:
       (a) a single line link connecting distinct places in Australia, where the line link meets certain minimum distance requirements;
       (b) multiple line links connecting distinct places in Australia, where the line links meet certain minimum distance requirements;
       (c) a designated radiocommunications facility;
       (d) a facility specified in a Ministerial determination.
         • Carrier licences are subject to conditions.
         • There are 2 types of service provider:
       (a) a carriage service provider;
       (b) a content service provider.
         • A carriage service provider is a person who supplies, or proposes to supply, certain carriage services.
         • A content service provider is a person who supplies, or proposes to supply, certain content services.
         • Service providers must comply with the service provider rules.
         • The Australian Communications and Media Authority (ACMA) is to monitor, and report each year to the Minister on, significant matters relating to the performance of carriers and carriage service providers.
         • Bodies and associations that represent sections of the telecommunications industry, the telemarketing industry or the fax marketing industry may develop industry codes.
         • Industry codes may be registered by the ACMA.
         • Compliance with an industry code is voluntary unless the ACMA directs a particular participant in the telecommunications industry, the telemarketing industry or the fax marketing industry to comply with the code.
         • The ACMA has a reserve power to make an industry standard if there are no industry codes or if an industry code is deficient.
         • Compliance with industry standards is mandatory.
         • Carriers and carriage service providers must protect the confidentiality of communications.
         • The ACMA, carriers and carriage service providers must do their best to prevent telecommunications networks and facilities from being used to commit offences.
         • Carriers and carriage service providers must do their best to protect telecommunications networks and facilities from unauthorised interference or unauthorised access.
         • Carriers and carriage service providers must ensure that it is possible to execute a warrant issued under the Telecommunications (Interception and Access) Act 1979.
         • Carriage service providers may be required to supply carriage services for defence purposes or for the management of natural disasters.
         • A carrier or carriage service provider may