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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
Amendment Bill 1996
No. ,
1996
(Communications and the
Arts)
A Bill for an Act to amend the
Telecommunications Act 1991
9614620—975/28.10.1996—(146/96) Cat.
No. 96 5359 7 ISBN 0644 481048
Contents
Telecommunications Act
1991 6teleah1.html
Part 1—Emergency calls 6teleah1.html
Part 2—Numbering charges 6teleah1.html
A Bill for an Act to amend the Telecommunications Act
1991
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications Amendment Act
1996.
(1) Subject
to this section, this Act commences on the twenty-eighth day after the day on
which it receives the Royal Assent.
(2) Part 2 of Schedule 1 commences immediately after the commencement of
Part 1 of that Schedule.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Section 5
Insert:
emergency service number has the meaning given by
section 242C.
2 Paragraph 88(3)(d)
Repeal the paragraph.
3 After subsection 88(3)
Insert:
(3A) This section does not prohibit a disclosure by a person of
information or a document if:
(a) the information or document came to the person’s knowledge, or
into the person’s possession, because of a call to an emergency service
number; and
(b) the information, or the contents of the document, consists of any or
all of the following:
(i) a name;
(ii) a telephone number;
(iii) an address;
(iv) a location;
(v) the matter or matters raised by the call; and
(c) the disclosure is made to:
(i) a member of a police force or service; or
(ii) a member of a fire service; or
(iii) a member of an ambulance service; or
(iv) an emergency call person; or
(v) a member of a service specified in the national numbering plan for the
purposes of this subparagraph;
for purposes connected with dealing with the matter or matters raised by
the call.
4 Paragraph 88(4)(a)
After “(3)”, insert “or (3A)”.
5 Subsection 88(5)
Insert:
emergency call person has the meaning given by section
88A.
6 After section 88
Insert:
(1) For the purposes of this Part, an emergency call
person is:
(a) a recognised person who operates an emergency call service;
or
(b) an employee of such a person; or
(c) an emergency call contractor; or
(d) an employee of an emergency call contractor.
(2) A reference in this section to an emergency call service
is a reference to a service for:
(a) receiving and handling calls to an emergency service number;
and
(b) providing information about such calls to:
(i) a police force or service; or
(ii) a fire service; or
(iii) an ambulance service; or
(iv) a service specified in the national numbering plan for the purposes
of this subparagraph;
for purposes connected with dealing with the matter or matters raised by
the call.
(3) A reference in this section to a recognised person who operates
an emergency call service is a reference to a person who:
(a) operates an emergency call service; and
(b) is specified, in a written determination made by AUSTEL for the
purposes of this paragraph, as:
(i) a national operator of emergency call services; or
(ii) a regional operator of emergency call services.
(4) A copy of a determination under paragraph (3)(b) is to be published in
the Gazette.
(5) A reference in this section to an emergency
call contractor is a reference to a person who performs services for or
on behalf of a recognised person who operates an emergency call service, but
does not include a reference to a person who performs such services in the
capacity of an employee of the person who operates the emergency call
service.
7 After section 242B
Insert:
(1) The object of this section is to identify numbers for use in
connection with emergencies that are likely to require the provision of
assistance by any or all of the following services:
(a) a police force or service;
(b) a fire service;
(c) an ambulance service;
(d) a service specified in the national numbering plan for the purposes of
this paragraph.
(2) For the purposes of this Act, an emergency service
number is a number specified in the national numbering plan for the
purposes of this subsection.
(3) The national numbering plan may specify different numbers for use in
different areas.
(4) The national numbering plan may specify different numbers for use in
connection with different types of services.
8 Subsection 242A(3)
Omit “Telecommunications (Numbering Fees) Act 1991”,
substitute “Telecommunications (Numbering Charges) Act
1991”.
9 At the end of Division 2 of Part
11
Add:
Definitions
(1) In this section:
late payment penalty means an amount that is payable by way
of penalty in accordance with a determination under subsection (3).
numbering charge means a charge imposed by the
Telecommunications (Numbering Charges) Act 1991.
When numbering charge due and payable
(2) A numbering charge is due and payable at the time ascertained in
accordance with a written determination made by AUSTEL. The time must not be
later than 15 June in the financial year in which the numbering charge is
imposed.
Late payment penalty
(3) AUSTEL may, by written instrument, determine that, if any numbering
charge payable by a person remains unpaid after the time when it became due for
payment, the person is liable to pay the Commonwealth, by way of penalty, an
amount calculated at the rate of:
(a) 20% per annum; or
(b) if the determination specifies a lower percentage—that lower
percentage per annum;
on the amount unpaid, computed from that time.
Determination has effect
(4) A determination under subsection (3) has effect accordingly.
Remission of penalty
(5) A determination under subsection (3) may authorise AUSTEL to make
decisions about the remission of the whole or a part of an amount of late
payment penalty.
Payment of numbering charge and late payment penalty
(6) Numbering charge and late payment penalty are payable to AUSTEL on
behalf of the Commonwealth.
Recovery of numbering charge and penalty
(7) Numbering charge and late payment penalty may be recovered by AUSTEL,
on behalf of the Commonwealth, as debts due to the Commonwealth.
Payment into Consolidated Revenue Fund
(8) Amounts received by way of numbering charge or late payment penalty
must be paid into the Consolidated Revenue Fund.
Withdrawal of number for non-payment of numbering charge
(9) If any numbering charge payable by a person in relation to a number
remains unpaid after the time when it became due for payment, AUSTEL may, by
written notice given to the person, withdraw the number. A number withdrawn
under this subsection is taken to be recovered by AUSTEL in accordance with the
national numbering plan.
Disallowable instrument
(10) A determination under subsection (2) or (3) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901.
AUSTEL may enter into an arrangement with a person under which the person
may, on behalf of the Commonwealth, collect payment of charge imposed by the
Telecommunications (Numbering Charges) Act 1991.
10 After paragraph
397(1)(d)
Insert:
(da) a decision of a kind referred to in subsection 242D(5) (which deals
with remission of late payment penalty);
(db) a decision under subsection 242D(9) (which deals with the withdrawal
of numbers);