Appendix 4 - Regulatory bodies
The role of industry
self-regulation increased under the 1997 reforms, with the industry being made
responsible for the development and administration of access arrangements,
technical standards and consumer codes. The key features of the regulatory
environment are:
-
The Australian Communications Authority (ACA),
established in 1997, which regulates technical and consumer issues in
telecommunications and radiocommunications. It was formed from AUSTEL and the
Spectrum Management Agency (SMA).
-
The Australian Competition and Consumer
Commission (ACCC), which handles competition regulation. This function was
transferred from AUSTEL in 1997.
-
Industry self-regulatory bodies: the Australian
Communications Industry Forum (ACIF), which handles technical standards and
consumer issues, established in 1997. And, the Telecommunications Industry
Ombudsman (TIO), a company formed by the industry to handle consumer and small
business complaints. The TIO's jurisdiction and powers were expanded significantly
in 1997.[312]
Australian Communications Authority (ACA)
The ACA was established
under the Australian Communications
Authority Act 1997 to regulate the Australian communication industry under
the Telecommunications Act (TA), the Radiocommunications Act 1992 (RA), the Telecommunications (Consumer Protection and
Service Standards) Act 1999 and a range of related legislation.[313] The role of
the ACA is to:
-
Report to and advise the minister on
telecommunications and radiocommunications issues
-
Manage Australia's input into international
standards-setting processes
-
Inform, advise and educate the public about
relevant issues
-
Provide facilities or services on a commercial
basis.[314]
The ACA has powers to
conduct public inquiries and investigations into the carriage of services and
service content or if it suspects a contravention of the TA. The ACA must make
its findings public. However, it has the authority to withhold publication if
disclosure would adversely affect a trial, make public personal information, or
confidential material.
The ACA has the powers to
refer matters under investigation to the ACCC, the TIO or any other body it
considers appropriate. It can also apply to the Federal Court to issue
mandatory injunctions relating to infringement of the TA.
Australian Competition and Consumer Commission (ACCC)
The ACCC is a Commonwealth
statutory authority which administers the economic and competition aspects of
the telecommunications regulation, primarily under the Trade Practices Act 1974 (TPA). It regulates anti-competitive
behaviour under Part XIB and access regime under Part XIC of the TPA. The ACCC
is also responsible for industry specific legislative provision under TA and
arbitrates disputes over Telstra price controls, network access, service and
physical infrastructure.[315]
Australian Communications Industry Forum (ACIF)
The ACIF, established in
June 1997, is the peak self-regulatory body for the development of consumer
codes, operational codes and technical standards. Membership to ACIF is open to
all participants in the communications industry, to ensure that TA requirements
for industry consultation in code development are met. The board of directors,
drawn from carriers, service providers, industry groups and consumer and user groups,
oversee the process of code and standard development. The development of codes
and standards occurs via reference panels and working committees, which are
formed from ACIF's members.
Telecommunications Industry Ombudsman (TIO)
The TIO was established in 1993
and was mandated under TA (1991) to resolve disputes between telecommunications
companies and individual or small business consumers. TA (1997) enhanced the
jurisdiction of the TIO to include resolution disputes involving Internet
Service Providers (ISPs). The TIO is an independent, industry-sponsored body,
which all telecommunications industry participants are required to join under
the Telecommunications (Consumer
Protection and Service Standards) Act 1999.[316]