WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Telecommunications Amendment Bill 1996
Date Introduced: 30 October 1996
House: House of Representatives
Portfolio: Communications and the Arts
Commencement: This Act commences 28 days after it
receives the Royal Assent. Part 2 of Schedule 1 of amendments
commences immediately after Part 1.
The purpose of this Bill is to amend the Telecommunications
Act 1991 to:
- clarify the provisions of the Telecommunications Act
1991 in respect of the exception to the prohibition on disclosing
the content of a communications carried by a carrier in relation to
emergencies, and
- set up the administrative provisions for collecting the annual
numbering fee (and penalties for late payment) imposed by the
Telecommunications (Numbering Fees) Act 1991 as amended by
the Telecommunications (Numbering Fees) Amendment Bill
1996.
The telecommunications industry is currently the subject of a
complete regulatory revision and the background to that revision
can be found in a digest of the Telecommunications Bill
1996.
The Telecommunications Act 1991 is repealed from 1 July
1997 (by the Telecommunications (Transitional Provisions and
Consequential Amendment) Bill 1996) and replaced by the
Telecommunications Act1996.Consequently, the changes made
by this Bill are only relevant until that time.
Part 1 of Schedule 1 - Emergency Calls
Section 88 of the Telecommunications Act 1991 imposes a
custodial penalty on certain persons who disclose the content of a
communication carried by a carrier.The section then sets out an
extensive list of exceptions to prohibition.This bill deals with
the exception in respect of emergency calls.
In its present form, the exception provides that the prohibition
does not apply to facts coming to a person's knowledge because of a
call to the emergency number 000, where the disclosure is to the
police, fire brigade or ambulance service.
This Part repeals that provision and inserts a substantially
more detailed provision which alters the meaning of the provision
only marginally.The term 'emergency service number' is used - it
means a number for use in connection with emergencies that are
likely to require assistance from the police, fire service,
ambulance service or other service specified in the national
numbering plan.
The information which can be disclosed consists of the name,
telephone number, address, location and matters raised by the
call.
The disclosure must be made to the police, fire service,
ambulance service, an emergency call person or a member of a
service specified in the national numbering plan for the purpose of
the section.
Part 2 of Schedule 1- Numbering Charges
The Telecommunication (Numbering Fees) Act 1991 imposes
an annual charge on numbers held by carriers where those numbers
were allocated under the Telecommunications Act 1991 or
were taken by Telstra (or its predecessors) before AUSTEL was given
the task of allocating numbers.
This Part amends the Telecommunications Act 1991 to
allow AUSTEL to make determinations:
- setting out when a numbering charge is due and payable
- in relation to imposing penalties for late payment of numbering
charges (including the power to remit penalties and to withdraw a
number following non-payment).
Lee Jones
5 February 1997
Bills Digest Service
Information and Research Services
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
amendments.
IRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1323-9031
Commonwealth of Australia 1996
Except to the extent of the uses permitted under the
Copyright Act 1968, no part of this publication may be
reproduced or transmitted in any form or by any means, including
information storage and retrieval systems, without the prior
written consent of the Parliamentary Library, other than by Members
of the Australian Parliament in the course of their official
duties.
Published by the Department of the Parliamentary Library,
1997.
This page was prepared by the Parliamentary Library,
Commonwealth of Australia
Last updated: 26 March 1997
Back to top