Telecommunications Act 2001
103
Commenced: 20 December 2001
ANALYSIS
Analysis
Title
1 Title
1: Preliminary
2 Commencement
3 Purpose
4 Overview
5 Interpretation
6 Public notice
7 Telecommunications access codes
8 Act binds the Crown
9 Appointment of Telecommunications Commissioner
10 Performance of Commission's functions
11 Levy
12 Levy for first financial year or part financial year
13 Minister must consult before making recommendation under section 11(3) or section 12(4)
14 Late payment of levy
15 Application of Commerce Act 1986
16 Application of section 98A of Commerce Act 1986
17 Application of section 105 of Commerce Act 1986
2: Designated services and specified services
18 Purpose
19 Commission and Minister must consider purpose set out in section 18 and additional matters
20 Application
21 When application must be treated as application for pricing review determination
22 When application may not be made
23 Requirements for application
24 Commission must notify parties
25 Commission must decide whether to investigate
26 Consultation or conferences
27 Preparation of determination
28 When determination must be prepared
29 Requirements for determination
30 Matters to be included in determination
31 Application
32 When application may not be made
33 Requirements for application
34 Commission must notify parties
35 Commission must decide whether to investigate
36 Draft determination
37 Matters to be included in draft determination
38 Consultation, conferences, or public hearing
39 Determination
40 Matters to be included in determination
41 Determinations not invalid for certain failures
42 Application
43 Requirements for application
44 Commission's requirements on receiving application
45 Access provider to calculate price on request
46 Offences
47 Draft pricing review determination
48 Requirements for draft determination
49 Matters to be included in draft determination
50 Consultation or conferences
51 Pricing review determination
52 Matters to be included in determination
53 Procedure for determinations
54 Applicant may withdraw
55 Commission's costs
56 Parties' costs
57 Enforcing directions given under section 55 or section 56(2)
58 Clarification of determination
59 Reconsideration of determination
60 Appeals from certain determinations under Part 2
61 Enforcing determinations of Commission
62 Expiry of determinations
63 Application of Commerce Act 1986
64 Mandatory review of local loop unbundling and access to, and interconnection with, Telecom's fixed PDN
65 Expiry of designated services and specified services
66 Alterations to Part 2 or Part 3 of Schedule 1
67 Alterations to clauses 1 to 6 of Schedule 1
68 Minister's recommendation subject to procedure in Schedule 3
69 Regulations
3: Telecommunications service obligations
70 Declaration of TSO instruments
71 Deemed TSO instrument
72 New KSO does not alter or revoke constitution of Telecom
73 When KSO part of original KSO ceases to have effect
74 Compliance with TSO instrument
75 Variation of TSO instrument or deemed TSO instrument
76 When instrument ceases to be TSO instrument or deemed TSO instrument
77 Notification of TSO instrument or deemed TSO instrument
78 Application of Commerce Act 1986
79 When 2 or more corporate bodies deemed to be 1 person
80 Assessment of compliance with TSO instrument
81 Liable persons and TSP must produce certain information to Commission
82 Offences
83 Calculations of net cost and auditor's report must be given to Commission
84 Considerations for determining net cost
85 Considerations for determining which revenue basis to use
86 Draft determination
87 Requirements for draft determination
88 Matters to be included in draft determination
89 Conferences
90 Determination
91 Requirements for determination
92 Matters to be included in determination
93 Calculation of amount payable by liable person
94 Payment by liable persons to TSP
95 Application of sections 96 to 98 to TSO instruments that are company constitutions
96 Power of Court to grant relief in respect of TSO instrument
97 Court must take public interest into account
98 Certain matters not to prevent making of order under section 96
99 Amounts identifying particular TSOs in invoices not permitted
100 Right of appeal to High Court
101 Regulations
4: Networks
102 Persons declared to be network operators
103 Ministerial requirements for declaration
104 When declaration must be revoked
105 Declaration made or revoked by notice in Gazette
106 Operator must agree to connection to network
107 When operator must not agree to connection to network
108 When operator must not refuse to agree to connection to network
109 Regulations
110 Actions for damages for contravention of section 106
111 Injunctions may be granted by High Court for contravention of section 106
112 Misuse of telephone device
113 Indecent telephone calls for pecuniary gain
114 Interception of telecommunications for authorised purposes
115 Offence to use or disclose certain information for unauthorised purposes
116 Computer records
117 Meaning of maintenance
118 Meaning of evidence of authority
119 Criteria for setting reasonable conditions
120 Application to District Court
121 Court order
122 Contents of court order
123 Service of order
124 Production of order
125 Rights of entry to land
126 Conditions of entry to land
127 Evidentiary presumption
128 Request for removal or trimming of trees
129 Application to District Court
130 Court order
131 Costs of removal or trimming of trees
132 Removal of trees, etc, in emergency
133 Production of authority
134 Costs of removal of trees, etc, in emergency
135 Construction or repair of lines on roads
136 Notice requirement
137 Network operator to be notified of conditions
138 Failure to notify conditions
139 Urgency
140 Offence to not comply with any of sections 135, 136, and 139
141 Appeals by network operators to District Court
142 Construction, etc, of telephone cabinets or other similar appliances
143 Network operator to be notified of conditions
144 Failure to notify conditions
145 Urgency
146 Offence not to comply with section 142 or section 145
147 Appeals by network operators to District Court
148 Alteration to line on road requested by owner
149 Lines must not interfere with public traffic
150 Lines over navigable waters
151 Network operator must avoid interference with traffic
152 Offence to contravene any of sections 149 to 151
153 Charging for access to road reserve
154 Compensation
155 Protection of existing works
156 Notices to be in writing
5: Miscellaneous
157 Regulations
158 Enactments amended
159 Certain provisions in 1987 Act repealed
160 Transitional provision for declarations made under section 2A of 1987 Act
161 Transitional provision relating to repeal of section 5C of 1987 Act
Schedule(s)
1 FIRST: Designated services and specified services
2 SECOND: Telecommunications access codes
3 THIRD: Procedure for altering regulated services
4 FOURTH: Enactments amended