Document ID: chunk:federal_register_of_legislation:C2004A04507:schedule:2:p6
Version: federal_register_of_legislation:C2004A04507
Segment Type: schedule
Provision Reference: sch 2 (pt 6/26)
Character Range: 34411–37653

regulation; and

         (b)     in the Minister's opinion, the regulation will not erode unduly the practical value of the general carriers' rights under sections 90 and 92.".

General functions—overall responsibilities of AUSTEL

39. Section 36 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:

      "(a) economic and technical regulation of the Australian telecommunications industry, including in particular:

          (i) the promotion of fair and efficient market conduct within the industry; and

         (ii) the implementation of the Commonwealth Government's industry policies relating to telecommunications (including policies relating to the development of an internationally competitive telecommunications industry); and".

General functions—protection of public interest and consumers

40. Section 38 of the Principal Act is amended by inserting in paragraph (2)(d) ", the Telecommunications Industry Ombudsman" after "Ombudsman".

General governmental obligations of AUSTEL

41. Section 48 of the Principal Act is amended by omitting from paragraph (a) "general".

Minister may notify AUSTEL of policies of Commonwealth Government

  42. Section 49 of the Principal Act is amended:

   (a) by inserting after subsection (1) the following subsection:

     "(1A) The Minister may notify AUSTEL of policies of the Commonwealth Government, relating to the development of an internationally competitive customer equipment industry, that are to apply to the issue, variation or cancellation of permits for customer equipment under Division 6 of Part 12. This subsection does not, by implication, limit the operation of subsection (1).";

      (b) by omitting from subsection (3) "subsection (1)" and substituting "this section".

Insertion of heading

43. The heading to Division 6 of Part 5 of the Principal Act is repealed and the following heading is substituted:

"PART 5A—PROTECTION OF COMMUNICATIONS".

Carriers, suppliers and their employees not to disclose or use contents of communications etc.

  44. Section 88 of the Principal Act is amended:

    (a)     by omitting from subsection (1) "person who is an employee of a carrier" and substituting "prescribed person";

    (b)    by omitting from paragraph (1)(a) "the carrier" (wherever occurring) and substituting "a carrier or supplier";

    (c)     by omitting from paragraph (1)(b) "an employee of the carrier" and substituting "a prescribed person";

    (d)    by omitting from subsection (2) "an employee of a carrier" and substituting "a prescribed person";

    (e)     by omitting from paragraph (2)(b) "an employee of the carrier" and substituting "a prescribed person";

    (f)      by omitting from paragraph (3)(a) "an employee of the carrier" and substituting "a prescribed person";

    (g)     by omitting paragraphs (3)(h) and (i) and substituting the following paragraphs:

      "(h) if:

             (i) the person who made the disclosure is an employee of a carrier or supplier; and

              (ii) the disclosure is made to, or to an employee of, another carrier or supplier; and

          (iii) the fact or document relates to:

                  (A)    the operation or maintenance