Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 367

(1) For the purposes of this section, an international telecommunications
operator engages in unacceptable conduct if, and only if:

   (a)  the operator uses, in a manner that is, or is likely to be, contrary
        to the national interest, the operator's power in a market for:

        (i)    carriage services; or

        (ii)   goods or services for use in connection with the supply of
               carriage services; or;

        (iii)  the installation of, maintenance of, operation of, or provision
               of access to, telecommunications networks or facilities; or

   (b)  the operator uses, in a manner that is, or is likely to be, contrary
        to the national interest, any legal rights or legal status that the
        operator has because of foreign laws that relate to:

        (i)    carriage services; or

        (ii)   goods or services for use in connection with the supply of
               carriage services; or

        (iii)  the installation of, maintenance of, operation of, or provision
               of access to, telecommunications networks or facilities; or

   (c)  the operator engages in any other conduct that is, or is likely to be,
        contrary to the national interest.

(2) With a view to preventing, mitigating or remedying unacceptable conduct
engaged in by international telecommunications operators, the Minister may, by
written instrument, make Rules of Conduct:

   (a)  prohibiting or regulating dealings by either or both of the following:

        (i)    carriers;

        (ii)   carriage service providers; with such operators and with other
               persons; or

   (b)  authorising the ACCC to make written determinations of a legislative
        character, where the determination imposes requirements, prohibitions
        or restrictions on either or both of the following:

        (i)    carriers;

        (ii)   carriage service providers; or

   (c)  authorising the ACCC to give either or both of the following:

        (i)    carriers;

        (ii)   carriage service providers; written directions of an
               administrative character, where the direction imposes a
               requirement, prohibition or restriction on the carrier or
               provider, as the case requires; or

   (d)  requiring:

        (i)    carriers; and

        (ii)   carriage service providers; to comply with:

        (iii)  a determination mentioned in paragraph (b); or

        (iv)   a direction mentioned in paragraph (c); or

   (e)  authorising the ACCC to make information available to:

        (i)    the public; or

        (ii)   a specified class of persons; or

        (iii)  a specified person; if, in the opinion of the ACCC, the
               disclosure of the information:

        (iv)   would promote the fair and efficient operation of a market; or

        (v)    would otherwise be in the national interest.

(3) Before the ACCC makes a determination, or gives a direction, under the
Rules of Conduct, the ACCC must consult the ACA.

(4) Rules of Conduct are disallowable instruments for the purposes of section
46A of the Acts Interpretation Act 1901.

(5) A determination mentioned in paragraph (2)(b) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation  Act 1901 .

(6) For the purposes of this section, if a person carries on activities
outside Australia that involve:

   (a)  the supply of a carriage service specified in paragraph 16(1)(b) or
        (c); or

   (b)  the supply of goods or services for use in connection with the supply
        of a carriage service specified in paragraph 16(1)(b) or (c); or

   (c)  the installation of, maintenance of, operation of or provision of
        access to:

        (i)    a telecommunications network; or

        (ii)   a facility; where the network or facility is used to supply a
               carriage service specified in paragraph 16(1)(b) or (c); the
               person is an international telecommunications operator.

(7) In this section:
engaging in conduct has the same meaning as in the Trade Practices  Act 1974 .
foreign law means a law of a place outside Australia.
international telecommunications operator has the meaning given by subsection
(6).