Telecommunications Act 1997

Telecommunications Act 1997
Parliament of Australia
  • An Act relating to telecommunications, and for related purposes
CitationNo. 47 of 1997
Territorial extentAustralia
Passed byHouse of Representatives
Passed26 March 1997
Passed bySenate
Passed26 March 1997
Assented to byGovernor-General of Australia
Assented to14 April 1997
Commenced1 July 1997
Administered by
Amended by
Telecommunications Legislation Amendment (Competition and Consumer) Act 2020
Status: Amended

The Telecommunications Act 1997 is an Act of Parliament of the Commonwealth of Australia. It establishes the principal legislative framework governing telecommunications networks, carriers, carriage service providers, telecommunications infrastructure, industry self-regulation, consumer protections, privacy obligations and telecommunications security in Australia.[1] The Act was enacted as part of the restructuring and liberalisation of Australia's telecommunications sector and forms the foundation of the modern Australian telecommunications regulatory regime. It works alongside the Competition and Consumer Act 2010, Telecommunications (Consumer Protection and Service Standards) Act 1999, Telecommunications (Interception and Access) Act 1979, Privacy Act 1988 and Radiocommunications Act 1992. The Act establishes Australia's carrier licensing regime, regulates carriage service providers and content service providers, provides for telecommunications industry codes and standards, protects the confidentiality of communications, and defines powers relating to telecommunications infrastructure and emergency communications services.[2]

Overview

The objects of the Act include promoting:

  • the long-term interests of end-users of telecommunications services;
  • the efficiency and international competitiveness of the Australian telecommunications industry;
  • accessible and affordable telecommunications services;
  • industry competition and innovation;
  • consumer safeguards; and
  • responsible telecommunications practices.[1]

The Act adopts a co-regulatory approach under which telecommunications industry participants may develop industry codes that are registered and overseen by regulators.[2]

Regulatory framework

The Act assigns responsibilities to a number of regulatory and consumer bodies involved in the Australian telecommunications sector.

Australian Communications and Media Authority

The Australian Communications and Media Authority (ACMA) is the principal regulator under the Act. ACMA is responsible for carrier licensing, numbering administration, industry code registration, industry standards, investigations, public inquiries, compliance and enforcement.[1]

Australian Competition and Consumer Commission

The Australian Competition and Consumer Commission (ACCC) performs telecommunications competition and infrastructure access functions under legislation operating alongside the Act. The ACCC also participates in the development and oversight of telecommunications regulatory arrangements.

Consumer representation

The Act provides for the funding of consumer representation and telecommunications consumer research. Funding under this framework supports the Australian Communications Consumer Action Network (ACCAN), Australia's peak communications consumer advocacy body.[1]

Privacy and communications information

Part 13 of the Act regulates the use and disclosure of telecommunications information by carriers and carriage service providers.[2] The privacy framework operates alongside the Privacy Act 1988 and involves the Office of the Australian Information Commissioner.[3]

Telecommunications Industry Ombudsman

The Telecommunications Industry Ombudsman (TIO) handles complaints from residential and small business consumers about telephone and internet services. Membership of the TIO scheme is required under the companion Telecommunications (Consumer Protection and Service Standards) Act 1999.

Major provisions

Major areas regulated by the Act include:

  • carrier licensing and carrier obligations;
  • carriage service providers and content service providers;
  • telecommunications industry codes and standards;
  • telecommunications privacy and confidentiality;
  • emergency call services;
  • numbering and electronic addressing;
  • telecommunications infrastructure deployment;
  • access to land for telecommunications facilities;
  • network security and protection measures; and
  • monitoring and enforcement powers.[1][4]

See also

References

  1. 1 2 3 4 5 "Telecommunications Act 1997". Federal Register of Legislation. Retrieved 4 August 2026.
  2. 1 2 3 "Telecommunications Act 1997 (Cth)". For Your Information: Australian Privacy Law and Practice (ALRC Report 108). Australian Law Reform Commission. Retrieved 4 August 2026.
  3. ↑ "Telecommunications". Office of the Australian Information Commissioner. Retrieved 4 August 2026.
  4. ↑ "Property access rules for telcos". Australian Communications and Media Authority. Retrieved 4 August 2026.
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