Review of Pre-2008 Commonwealth Subordinate Legislation and Other Regulation: Review Summary

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Review of Pre-2008 Commonwealth Subordinate Legislation and Other Regulation: Review Summary

REVIEW OF PRE-2008 COMMONWEALTH SUBORDINATE LEGISLATION AND OTHER REGULATION Review Summary for the Broadband, Communications and the Digital Economy Portfolio

Overview In February 2009, the Government announced in the Updated Economic and Fiscal Outlook that it would undertake a review of pre-2008 Commonwealth subordinate legislation and other regulation (the Review) in order to document those regulations which impose net costs on business and identify scope to improve regulatory efficiency. The Department of Finance and Deregulation (Finance) has been tasked to co-ordinate the review on the Government’s behalf. This report focuses on the review of legislative instruments administered within the Broadband, Communications and the Digital Economy portfolio (the portfolio). The legislative instruments administered by the portfolio significantly affect the Australian telecommunications, radiocommunications and broadcasting industries; the public sector, scientific and other not-for-profit organisations that independently use telecommunications and radiocommunications devices; and the wider Australian community, as the consumer of the Australian telecommunications, radiocommunications and broadcasting industries. The portfolio’s legislative instruments were grouped into seven distinct policy themes: competition; consumer safeguards; content; spectrum management; technical standards; post; and administration. The following areas were found to have a direct impact on business. The instruments in the competition section of this report provide an overarching framework for licensing and managing the operations of cable and wireless networks, which are used to provide telephone and internet services. The instruments also cover the allocation and portability of freephone and local rate numbers, as well as establishing the rules by which Australian carriers and carriage service providers are to interact with international telecommunications operators in order to reduce the risk of anti-competitive practices emerging in the telecommunications market. In relation to consumer safeguards, regulatory instruments offer protection through additional licence conditions that can be placed on carrier licence holders, as well as ensuring that actions of industry participants are covered by relevant industry codes and industry standards. Access to a standard telephone service, including for persons who are deaf or hearing or speech impaired, and access to Australia’s national emergency call service is governed by instruments in this cluster. The interactions between consumers and telecommunications providers are also covered, including the form and nature of the Standard Form of Agreement contract, measures to safeguard personal information that is provided in order to obtain a telephone number and establishing the levels of performance that a consumer can expect a provider to meet. The content section of the report includes instruments that cover the licensing of broadcasters, licence conditions, taxes payable on the various broadcasting licences and reporting requirements. Standards and guidelines have also been developed, requiring that programming contains a specified amount of Australian content. Instruments have also been introduced to restrict specific content to minors. Page 1 of 64 Licence area plans, which are developed for specific geographical regions across Australia, establish the broad parameters for the number, category and characteristics of broadcasting services that are made available for allocation. Frequency band plans and digital radio channel plans divide up the spectrum, which is complemented by a licensing regime which allows for the allocation of spectrum to industry participants and ensures that their operation in a spectrum is not unduly impacted by other users (such as in the case of transmitter interference). Instruments in the technical standards section of the report specify the telecommunications facilities that may be installed by carriers, as well as their obligations when installing facilities. Other instruments in this section specify the technical standards that radiocommunications and telecommunications devices must satisfy and the compliance marks used by suppliers to demonstrate that the relevant standards have been met. The registration of cabling providers is also covered, as is the requirement that they only install customer cabling and equipment which is marked as compliant with all relevant standards. The Numbering Plan details the allocation and use of telephone numbers, and ensures a consistency of approach by carriage service providers. Overall, the Review did not identify any policy areas that warrant further review. The portfolio was found to have regularly reviewed and updated its legislative instruments. The Review did identify redundant instruments across three policy clusters which are suitable for revocation. The Review also recommends that agencies advise the Office of Legislative Drafting and Publishing (OLDP) of the amending, orphaned and ceased instruments identified across 13 regulatory policy clusters that have no ongoing effect and that can be marked as such on the Federal Register of Legislative Instruments (FRLI). The Broadband, Communications and the Digital Economy Portfolio The portfolio comprises the Department of Broadband, Communications and the Digital Economy (DBCDE) and five statutory agencies. The roles and responsibilities of these agencies are outlined at Attachment A. Regulatory functions of the portfolio are primarily carried out by DBCDE and the Australian Communications and Media Authority (ACMA). The Australian Competition and Consumer Commission (ACCC), which is not part of the portfolio, also has a broad regulatory role over the telecommunications industry through the Trade Practices Act 1974, the Telecommunications Act 1997 and the Telecommunications (Carrier Licence Charges) Act 1997. Data provided by OLDP identified 1032 instruments on FRLI administered within the portfolio. Following consultation between Finance and DBCDE, 869 instruments (at Attachment B) were grouped into seven broad policy themes and further classified into 40 policy clusters. These clusters were agreed between Finance and DBCDE as falling within the scope of the Review. The remaining 163 instruments, grouped into 10 policy clusters (at Attachment C), were excluded on the basis of current or recent reviews into the area. The legislative instruments have been grouped into clusters to focus analysis at the policy level, rather than on individual instruments. The portfolio provided additional information against each ‘in-scope’ cluster, including: the policy objective of the regulation; its ongoing relevance and impact; review history; and how it operates.

Page 2 of 64 The following provides detail on each of the 40 ‘in-scope’ policy clusters, including background information, relevant review history and Finance’s recommendations.

COMPETITION

1. Carrier Licence Charges Regulations Total number of instruments within cluster: 25 Number of amending or machinery instruments: 2

The Telecommunications Act 1997 requires an owner or owners of a cable or wireless network, otherwise known as carriers, to apply to the Australian Communications and Media Authority (ACMA) for a carrier licence and to pay the associated licence charges as set out in the Telecommunications (Carrier Licence Charges) Act 1997. A carrier licence permits the carrier to use the network to supply carriage services to the public, for instance telephone or internet, subject to obligations set out in the Act and the licence, and any additional conditions that may be imposed by the Minister for Broadband, Communications and the Digital Economy (the Minister). Schedule 1 of the Telecommunications Act 1997 sets out the standard carrier licence conditions, requiring that carriers provide other carriers access to: - their facilities for the purpose of enabling those other carriers to provide facilities and carriage services or establish their own facilities; - telecommunications transmission towers, site and underground facilities if technically feasible; and - certain information relating to the operation of their telecommunications networks. A further licence condition requires that carriers also comply with all standard access obligations that are applicable to the carrier under the Trade Practices Act 1974. Carriers provide the basic transmission infrastructure on which the public rely for the supply of carriage and content services. The regulatory framework seeks to balance community and consumer safeguards with carrier freedoms to engage in competitive market conduct. In order to promote an open market access regime for providers of telecommunications infrastructure and services, the regulatory framework does not distinguish carriers on the basis of the technology that they use. Further, licensing requirements are designed to not affect the technological choices of carriers. The Telecommunications Act stipulates that a network can only be used to supply a carriage service to the public where there is a carrier licence or a nominated carrier declaration for the network. Instruments in this cluster outline how a carrier licence can be acquired and how a nominated carrier declaration can be made. A carrier applies to the ACMA for a carrier licence, providing the ACMA with information concerning the category of network owned by the applicant and the nature of the proposed services to be supplied using the network. The ACMA may grant a carrier licence when the applicant has established that it is a constitutional corporation, an eligible partnership or a public body and it has paid the carrier licence application charge.

Page 3 of 64 Alternatively, a nominated carrier declaration can be made in respect to a network, which is where the owner of the network has arranged for a carrier to accept the carrier-related responsibilities arising under the Telecommunications Act on behalf of the owner of the network. The Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2007 fixes the charges that apply to an application by a carrier for a nominated carrier declaration. Upon issuing a carrier licence the ACMA is required to include the licence in an electronic register, which includes details of all issued carrier licences, nominated carrier declarations in force, and the conditions associated with the licences. The holder of a carrier licence also incurs an annual licence charge calculated in accordance with the ‘Telecommunications (Annual Carrier Licence Charge) Determination’, which enables the ACMA and the Australian Competition and Consumer Commission (ACCC) to recover costs associated with the regulation of the telecommunications industry. The Telecommunications (Carrier Licence Charges) Act places a limit on the total charges that can be imposed on carrier licences, which is calculated by reference to various instruments in this cluster, including: - the Telecommunications (Costs Attributable to Telecommunications Functions and Powers) Determination, which sets out the proportion of the ACMA’s costs that are attributable to the ACMA’s telecommunications functions and powers; - the Determination made under Section 15(1)(b) of the Telecommunications (Carrier Licence Charges) Act, made by the ACCC, which details the proportion of ACCC’s costs for the immediately preceding financial year that are attributable to ACCC’s telecommunications functions and powers; and - the Telecommunications (Recovery of ITU Budget Contribution) Determination that reports the Commonwealth’s contribution to the budget of the International Telecommunication Union, which is also included in calculating the limit. The Annual Carrier Licence Charge Determination, which is updated annually, provides that the annual charge paid by each licence holder is based on a fixed amount and a variable component that is based on the carrier’s share of ‘eligible revenue’. The variable component for each carrier is calculated by the ACMA using financial information it collects annually from industry via the ‘Eligible Revenue Return’. Licence holders are required to pay the annual charge by the due date set out in the Telecommunications (Due Date for Annual Charge) Determination and may incur late payment penalties for any outstanding amounts in accordance with the Telecommunications (Late Payment of Annual Carrier Licence Charge) Determination. Recommendation Finance recommends that no action be taken in relation to this cluster.

Page 4 of 64 2. Freephone and Local Rate Number Allocation and Pre-selection of Carriage Service Provider Total number of instruments within cluster: 4 Number of amending or machinery instruments: 0

Enabled under the Telecommunications Act 1997, the instruments in this cluster establish a public auction process for the allocation of freephone and local rate numbers (FLRNs) by the ACMA to carriage service providers. The instruments also provide a regulatory framework for the portability of freephone and local rate services so that customers may change to a new carriage service provider and retain the same number. Freephone numbers are 10-digit numbers beginning with 1800. The cost of a call to a freephone numbers is borne entirely by the call recipient. Local rate numbers are 10-digit numbers beginning with 1300 and six-digit numbers beginning with 13. The cost of a call to a local rate number is shared between the person making the call, to a maximum of the amount chargeable for a local call, and the call recipient who pays the balance of the call cost. The portability arrangements encourage competition in the market by requiring carriage service providers to comply with all porting requests in a timely manner and to provide the technical capacity and technology for FLRN portability in a way that delivers customers an equivalent service and enables end-to-end connectivity. Recommendation Finance recommends that no action be taken in relation to this cluster.

3. Rules of Conduct - Dealings with International Telecommunications Operators Total number of instruments within cluster: 1 Number of amending or machinery instruments: 0

The ‘Rules of Conduct about dealings with International Telecommunications Operators No. 1 of 1997’ (Rules of Conduct), enabled by the Telecommunications Act 1992, was introduced to promote fair competition in the supply of carriage services between Australia and other countries. The Rules of Conduct guide the dealings by carriers and carriage service providers with international telecommunications operators, to ensure that carriers and carriage service providers use all reasonable endeavours in their dealings with international telecommunications operators, to prevent, mitigate or remedy ‘unacceptable conduct’ engaged in by international telecommunications operators. The concept of unacceptable conduct is defined in the Telecommunications Act 1997 as the use of market power or any legal rights or legal status, or any other conduct, in a manner that is, or is likely to be, contrary to Australia’s national interest. The Rules of Conduct empower the ACCC, where it considers it necessary, to impose requirements on and to take action against carriers and carriage service providers. DBCDE have advised however, that the ACCC has not taken action under the Rules of Conduct since their introduction in 1997. DBCDE further advised that new and cheaper means of international telecommunications, such as broadband based voice over internet

Page 5 of 64 protocol services, have reduced the risk of anti-competitive practices in the supply of international telecommunications. DBCDE however, considers that the Rules of Conduct should be maintained to prevent anti-competitive behaviour. Recommendation Finance recommends that no action be taken in relation to this cluster.

CONSUMER SAFEGUARDS

4. Carrier licensing Total number of instruments within cluster: 38 Number of amending or machinery instruments: 21

In issuing carrier licences, the Telecommunications Act 1997 allows the Minister to impose additional licence conditions. The various Carrier Licence Conditions Declarations included in this cluster set out the additional conditions that apply to the carrier licences held by Optus Networks Pty Ltd, Optus Mobile Pty Ltd, Telstra Corporation Limited (Telstra) and Vodafone Pty Limited. The Declarations are amended on a regular basis, following consultation with carrier licence holders. As a result there is a large number of amending instruments. The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 imposes an additional licence condition requiring that Telstra maintain the Integrated Public Number Database Scheme (IPND Scheme), an industry wide database of all public telephone numbers (listed and unlisted) and associated customer information including name and address information. The database also includes information such as whether the number or address is to be listed in a public number directory and whether the number is used for residential, business, government or charitable purposes. The IPND Scheme commenced on 15 May 2007, in accordance with the ‘Telecommunications Amendment (Integrated Public Number Database) Act 2006 – Proclamation’. The Proclamation provides that the IPND can be accessed for conducting research that is considered to be in the public interest, whilst providing safeguard measures to protect IPND information. The ‘Telecommunications (Integrated Public Number Database - Permitted Research Purposes) Instrument 2007 (No. 1)’ outlines the types of research that may be considered to be in the national interest and for which access to IPND data may be permitted. The IPND Authorisation instruments outline the criteria that are applied by the ACMA when considering applications to access IPND information. The purpose of the IPND is to: support directory assistance services, operator services or operator assistance services; form the basis of published public number directories; and support and assist location dependent carriage services, emergency call services, emergency services and law enforcement agencies. The cluster also includes IPND – Public Number Directory Instruments that specify the requirements that must be satisfied for a directory product to be considered a public number directory. Whilst networks must not be used to supply a carriage service to the public without a carrier licence or a nominated carrier declaration, the Minister may, in accordance with the Telecommunications Act, exempt a network from the carrier licensing requirements.

Page 6 of 64 The remaining instruments in this cluster provide for specific exemptions that have been granted by the Minister. The Carrier Licence Exemption Declarations exempt specific entities from requiring a carrier licence, whereas Declarations made under subsection 51(1) of the Telecommunications Act 1997 provide for industry wide exemptions. For instance, a Declaration in this cluster exempts wireless local area networks provided in Internet cafes, hotels and airport lounges, that would otherwise require a carrier licence for the supply of a service on a single premise. The portfolio has identified the ‘Telecommunications (Carrier Licence Exemption) Determination 2004 (No. 1)’ and the ‘Telecommunications (Carrier Licence Exemption) Determination No. 1 of 2001’ as having ceased and that FRLI should be updated accordingly. Recommendation Finance recommends that the portfolio advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

5. Telecommunications Regulations Total number of instruments within cluster: 39 Number of amending or machinery instruments: 19

The Telecommunications Act 1997 establishes a system of self-regulation in the telecommunications industry, which allows bodies and associations that the ACMA considers representative of the telecommunications industry to formulate rules and codes of conduct, which are published as industry codes. Compliance with an industry code is voluntary, unless a participant in the telecommunications industry is directed by the ACMA to comply with the code. Where an industry code has not been developed or where a code is considered to be deficient the ACMA may issue an industry standard. Compliance with an industry standard is mandatory. A body or association may seek a reimbursement of costs that it incurs in developing an industry code. The purpose of the Telecommunications (Non-refundable Code Development Costs) Determination 2006 is to outline the costs that are excluded from the reimbursement scheme, such as: - costs not directly attributable to the development of a consumer-related industry code; and - costs incurred by an industry participant during the development of a consumer-related industry code that would have been incurred had the industry participant not participated in the code development process. The Telecommunications (Approved Auditors and Auditing Requirements) Determination 2006 specifies that an industry body or association must use practising members of the Australian Society of Certified Practicing Accountants or Institute of Chartered Accountants of Australia when submitting a written claim for reimbursement for code development costs to the ACMA. The Determination further specifies that the Australian Auditing and Assurance Standards are to be used in preparing the claim. Industry codes apply to particular sections of the telecommunications industry, and there are occasions when industry participants undertaking telecommunications activities may

Page 7 of 64 not be considered to be in a section of the telecommunications industry. The Telecommunications (Section of Telecommunications Industry) Determinations address these concerns by assigning specified kinds of telecommunications activity to a section of the telecommunications industry. For instance, the Telecommunications (Section of the Telecommunications Industry) Determination 2007 applies to public number directory publishers who undertake the telecommunications activity of publishing and maintaining a public number directory, to ensure that consumer information held on the IPND is adequately protected. In addition to providing the broad regulatory framework that governs the operation of the telecommunications industry, instruments in this cluster also regulate the interactions between consumers and telecommunication providers. A contractual arrangement between a carriage service provider (CSP) and consumer can be facilitated through the use of a standard form of agreement (SFOA). The Telecommunications Regulations 2001 specifies the goods and services that can be covered by a SFOA. The Telecommunications (Standard Form of Agreement Information) Determination outlines the manner and form of information that CSPs must include in a SFOA, as well as requiring that CSPs provide reasonable notice to consumers of any changes to an agreed SFOA. In providing pre-paid public mobile telecommunication services, service providers are required under the ‘Telecommunications (Service Provider – Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination’ to verify the identity of a consumer before activating the service and to maintain a record of pre-paid public mobile telecommunications services supplied. The Determination details three alternative approaches that may be used by a service provider in verifying a consumer’s identity. The Premium Services Determinations augment the regulatory requirements concerning mobile premium services to mobile phones provided by carriage service providers and content service providers. These services are offered from numbers beginning with ‘19’ and are frequently provided at a higher cost than a standard mobile phone call. For instance, the Telecommunications Service Provider (Premium Services) Determination 2004 (No.1) specifies the information that must be provided to consumers, upon request, about calls to premium services. The Telecommunications Service Provider (Mobile Premium Services) Determination 2005 outlines the safety measures in respect to chat services. The National Relay Service (NRS), established under the Telecommunications (Consumer Protection and Service Standards) Act 1999, provides people who are deaf or hearing or speech impaired with access to a standard telephone service. The NRS is funded through a quarterly levy on carriers who operated during the relevant quarter and whose eligible revenue was above the minimum revenue threshold set out in the National Relay Service (Participating Persons) Determination 2005 (No.1). A failure to pay NRS by the due date may incur a late payment penalty, which is determined in reference to the Telecommunications (Consumer Protection and Service Standards) (Late Payment of NRS Levy) Determination. The NRS Levy Formula Modification Determination 2005 (No.1) was introduced following the collapse of telecommunications carriers, including Dingo Blue and One.Tel, and provided the formula for distributing defaults or surpluses to the remaining industry participants. Australia’s national emergency call service is provided, in the first instance, by Telstra which provides the initial answering point for calls to the emergency call service numbers

Page 8 of 64 000 and 112 (the Global System for Mobile Communications emergency call service number) and the National Relay Service which provides the initial answering point for emergency calls to 116, which connects to a text-based relay service for people who are deaf or who have a hearing or speech impairment. Telstra and the NRS provider subsequently transfer emergency calls through to the appropriate state-based emergency service organisation. The Telecommunications (Emergency Call Service) Determination 2009 establishes the broad framework governing the operation of the emergency call service, as well as setting out obligations in relation to the handling of emergency calls, performance standards, record keeping, information provisions and end-user access to the emergency call service. The Determination also obligates carriers and carriage service providers to have arrangements in place with Telstra, as manager of the IPND, to ensure that the IPND is maintained. The Telecommunications Act requires that carriers, carriage service providers, number-database operators and emergency call persons protect the confidentiality of communications and personal information. The Telecommunications Regulations 2001 provide further details on the disclosure of information in respect to the NRS and emergency service numbers. The Telecommunications Regulations 2001 also provide an alternative dispute resolution mechanism for certain offences committed under the Telecommunications Act, whereby offences may attract a penalty rather than prosecution. For instance, the Telecommunications (A-Tick Mark) Determination 2000 sets out the design and location of the A-Tick mark on telecommunications products. The A-Tick mark enables consumers to identify products that comply with the applicable standards. In accordance with the Telecommunications Regulations, a failure to connect customer equipment or customer cabling that satisfies labelling requirements, for instance the A-Tick mark, is a matter that could be resolved through the payment of a penalty. The instruments in this cluster are regularly reviewed and amended. As a result there is a large number of amending instruments. Recommendation Finance recommends that the portfolio advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

6. Digital Data Service Obligation Regulations Total number of instruments within cluster: 1 Number of amending or machinery instruments: 0

The portfolio advised that the Telecommunications (Consumer Protection and Service Standards) (Special Digital Data Service) Regulations 1999 is redundant, following the removal of special digital data service provisions from the enabling Act, the Telecommunications (Consumer Protection and Service Standards) Act 1999. Recommendation Finance recommends that DBCDE take action to revoke the redundant instrument.

Page 9 of 64 CONTENT

7. Restricted Access Control System Total number of instruments within cluster: 2 Number of amending or machinery instruments: 0

The Broadcasting Services Act 1992 establishes a regulatory framework for internet and mobile network content. The Act requires hosting service providers, live content service providers, links service providers and commercial content service providers who provide MA15+ and R18+ content services to have in place systems to control content access. The Restricted Access Systems (RAS) Declaration 2007 regulates access to MA15+ and R18+ content services, including content with an Australian connection that is delivered via the internet and mobile networks, and both stored and live streamed content. The purpose of the RAS Declaration is to ensure that access to MA15+ and R18+ content is restricted to persons 15 years and 18 years or older, respectively, and that access-control systems used to limit access satisfy minimum standards. The legislative authority for the other instrument in this cluster, the Restricted Access Systems Declaration 1999 (No.1), was removed with the introduction of the Communications Legislation Amendment (Content Services) Act 2007 and consequently the Declaration has been ‘orphaned’. Recommendation Finance recommends that ACMA advise the Legislative Services and Publication Unit, OLDP, of the orphaned instrument so that the status of the instrument in the FRLI record can be updated.

8. Broadcasting Services Definitions Total number of instruments within cluster: 4 Number of amending or machinery instruments: 0

The instruments in this cluster clarify terms that relate to broadcasting services. The Broadcasting Services Act 1992 provides that services can be provided under a broadcasting class licence, a licence type that allows operators to enter the market to provide a broadcasting service. The ‘Broadcasting Services Act 1992 – Determination of Class Licences (01/10/1992)’ establishes the various class licences and details the nature of the services that can be provided under each class licence. The class licences cover: subscription radio broadcasting services, under which programs of wide appeal are broadcast to consumers on payment of subscription or program based fees; subscription radio and television narrowcasting services, under which programming can be provided for special interest groups, in limited locations, during a limited period or to cover a special event and are provided on payment of subscription or program based fees; and open narrowcasting radio and television services, under which programming similar to that offered through narrowcasting services is provided free to consumers with the appropriate reception equipment.

Page 10 of 64 The Broadcasting Services Clarification Notices explain the meaning of ‘open narrowcasting services’ and provide the criteria used in determining if a broadcasting service is considered to be an open narrowcasting service. Internet audio and video streaming are excluded from the definition of a broadcasting service under the ‘Determination under paragraph (c) of the definition of "broadcasting service" (No. 1 of 2000)’, on the grounds that these services are not provided via broadcasting service bands. DBCDE has advised that the ‘Broadcasting Services Act 1992 – Determination of Class Licences (01/10/1992)’ is to be reviewed during the convergent media review scheduled for 2011. Recommendation Finance recommends that no action be taken in relation to this cluster.

9. Content Standards and Guidelines Total number of instruments within cluster: 17 Number of amending or machinery instruments: 5

The Broadcasting Services (Australian Content) Standard 2005 establishes the standards that apply to commercial television broadcasting licensees in respect of the Australian content of programs, including programs for children, that are shown on commercial television. Specifically, licensees must broadcast an annual minimum transmission quota of 55 per cent Australian programming between 6am and midnight, as well as meet minimum sub-quotas for Australian drama, documentary and children’s programs. A revised Children’s Television Standard, which commenced in early 2010, complements these licence conditions in respect of children’s programming. A licensee is required under the standards to provide information to the ACMA that demonstrates compliance with the programming requirements. The ‘Television Program Standard 23 – Australian Content in Advertising’ requires that at least 80 per cent of advertising time broadcast each year by commercial television licensees, between the hours of 6am and midnight, is used for Australian produced advertisements. Advertising agencies can submit advertisements, with accompanying information about their compliance with the standard, to Free TV Australia’s Commercials Advice Pty Ltd to have the advertisement classified as Australian made. The Broadcasting Services Act 1992 provides for the allocation of community broadcasting licences, including Community Television (CTV) licences, that: - are able to be received by the general public; - are provided for community purposes; and - are not operated for profit, or as part of a profit-making enterprise. The Broadcasting Services (Additional Conditions - CTV Licence) Determination 2005 imposes two further conditions on all CTV licences. The first condition requires a CTV licensee to notify the ACMA of any financial difficulties that may result in it entering into receivership and/or voluntary administration. The CTV licensee is subsequently required to report regularly on the measures adopted to address the reported financial

Page 11 of 64 difficulties and to provide a status report on its ongoing affairs to the ACMA. The second condition requires CTV licensees to keep a register of all persons that are sold air-time. A ‘cash for comment’ investigation in 2000 resulted in the development of program standards for commercial radio licensees, replacing industry self-regulatory codes of practice. The Commercial Radio Compliance Program Standard requires commercial radio broadcasting licensees to maintain a compliance program that ensures compliance with requirements of the Broadcasting Services Act 1992 and standards and codes made under the Act. Under the Commercial Radio Advertising Standard, licensees must ensure that advertising is clearly distinguishable from programs, and the Commercial Radio Current Affairs Disclosure Standard requires licensees to declare commercial agreements that have the potential to affect the content of current affairs programs. Whilst the Standards were to expire in 2003, they were extended indefinitely by the ‘Notice of Variation to the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000, the Broadcasting Services (Commercial Radio Advertising) Standard 2000 and the Broadcasting Services (Commercial Radio Compliance Program) Standard 2000’. International broadcasting, which is where a radiocommunications transmitter inside Australia is used to provide a service to audiences outside of Australia, is covered by the Broadcasting Services (International Broadcasting) Guidelines 2005. The guidelines cover the content of programs and the conduct of international broadcasting licensees. The ACMA is required to refer applications for an international broadcasting licence to the Minister for Foreign Affairs, accompanied with a report on whether the proposed international broadcasting service would comply with the guidelines. At the direction of the Minister for Foreign Affairs, the ACMA is also required to report on whether a specified international broadcasting service complies with the guidelines. The Broadcasting Services Act imposes local content obligations as a licence condition and minimum service standard obligations following a ‘trigger event’. A trigger event includes situations where a regional licence changes hands following a transfer of the licence, the licensee becomes part of a registrable media group or when there is a change in controller of a registrable media group. The remaining instruments in this cluster clarify the local content requirements for regional commercial radio licences. The Broadcasting Service (Local Content on Regional Commercial Radio) Direction (No.1) 2006 requires the ACMA to determine the acceptable level of local content for licence areas and to investigate and report on the extent to which commercial radio licensees in regional areas are providing coverage of matters of local significance. The Broadcasting Services (Meaning of Local) Instrument defines local content as news and weather bulletins, community service announcements and local content programs that directly relate to a licensee’s licence area. The Broadcasting Services (Hours of Local Content) Regulations 2007 prescribes that daytime and prime-time hours are between 5am and 8pm, meaning that material broadcast to satisfy the minimum service standards imposed by the ‘trigger event’ provisions can also be counted towards the local content requirements. Recommendation Finance recommends that no action be taken in relation to this cluster.

Page 12 of 64 10. Content Licensing – Television and Datacasting Total number of instruments within cluster: 7 Number of amending or machinery instruments: 5

Under the Television Licence Fees Act 1964 licensees are required to pay tax and a fee in the form of a percentage of the gross earnings in respect of the licence. The Television Licence Fees Regulations 1990 makes provision for the rebate of fees payable by licensees. The Regulations provide the particulars in respect of two rebate schemes. Under the digital conversion rebate, holders of commercial television broadcasting licences for regional licence areas or remote licence areas are offered a rebate where they convert their commercial television broadcasting services from analog to digital mode. A holder of a commercial television broadcasting licence is eligible under the licence fee rebate scheme where they have complied with the Australian Content Standard. The allocation and requirements of datacasting licences are provided under the Broadcasting Services Act. A datacasting licence can be used to provide datacasting services on transmitters operating under a datacasting transmitter licence or on transmitters used by commercial television broadcasters or national broadcasters. The types of information that can be provided under a datacasting licence include information only programs, educational programs, parliamentary broadcasts and interactive computer games. The Broadcasting Services (Datacasting Charge) Regulations 2001 impose obligations on transmitter licensees that provide datacasting services, so as to enable an accurate assessment of the charge payable by licensees. The Regulations were introduced to place equivalent obligations on transmitter licensees as those imposed under the Broadcasting Services Act on commercial television licences. Under the Regulations a transmitter licensee is required to provide the ACMA with an audited balance sheet and profit and loss account in relation to the chargeable datacasting services provided and a statutory declaration that states the gross earnings in relation to the datacasting services provided during the relevant period. The licensee also determines the charge payable and provides the ACMA with a notice accompanying the payment explaining how the charge was calculated. Recommendation Finance recommends that no action be taken in relation to this cluster.

11. High Definition Broadcasting Reporting Regulations Total number of instruments within cluster: 7 Number of amending or machinery instruments: 5

The Broadcasting Services (Digital Television Standards) Regulations 2000 concern the records that are to be made and maintained by television broadcasters for each high-definition television program that the television broadcaster transmits. A television broadcaster is also required under the Regulations to provide the ACMA with interim and consolidated annual reports on its transmission of high-definition television programs. The Broadcasting Services (HDTV Demonstration Programs) Determination 2005 extended the broadcast of HDTV demonstration programs by commercial television

Page 13 of 64 broadcasting licensees for 12 months. The Determination has ceased to have any legal effect. Recommendation Finance recommends that the portfolio advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

12. Spam Regulations Total number of instruments within cluster: 1 Number of amending or machinery instruments: 0

The sending of unsolicited electronic commercial messages (spam) is prohibited under the Spam Act 2003, which also sets standards relating to commercial electronic messages. These standards include that the sender of a message be identifiable and that the message contains a functional unsubscribe facility. The Spam Regulations 2004 require that the electronic address to which an unsubscribed message is sent does not result in the person unsubscribing paying abnormal fees or charges. The Regulations also exclude facsimile electronic messages from the definition of ‘commercial electronic message’. Recommendation Finance recommends that no action be taken in relation to this cluster.

SPECTRUM MANAGEMENT

13. Licence Area Plans Total number of instruments within cluster: 249 Number of amending or machinery instruments: 111

Licence area plans (LAPs) determine the number, category and characteristics of broadcasting services to be made available for allocation in particular areas of Australia with the use of AM and FM radio, and VHF and UHF television channels. The majority of instruments in this cluster are LAPs that relate to particular geographical regions within Australia. The instruments themselves comprise: - a determination that sets out the type and number of broadcasting services to be made available in the particular area covered by the LAP; - schedules that outline details such as the categories of services that can be provided and the general area to be served by each transmitter; and - attachments to the determination that specify the exact geographical area covered by the LAP and the services to be made available in the area, including any technical standards. Services in a LAP area must be provided in accordance with the technical specifications contained in the relevant LAP.

Page 14 of 64 The ‘Australian Communications and Media Authority (Commercial Radio Broadcasting Services) Direction (No. 1) 2007’ provides the ACMA with processes to ensure that ownership and control reforms do not result in a loss of local news and information in regional Australia or to a reduction in the number of broad appeal commercial radio services available in particular metropolitan and regional areas. The Direction allows the ACMA to respond to a reduction in local content or number of broad appeal radio programming, by increasing the number of commercial radio licences available under a LAP and to also impose additional licensing conditions on regional commercial radio broadcasting licences. Under the ‘Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1) 2005’ the ACMA is required to reserve capacity in the broadcasting services bands for national radio broadcasting services provided by the: - Australian Broadcasting Corporation under the Australian Broadcasting Corporation Act 1983 and the Parliamentary Proceedings Broadcasting Act 1946; and - Special Broadcasting Service under the Special Broadcasting Service Act 1991. The Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2007 makes community radio broadcasting licensees eligible to provide digital radio broadcasting services by deeming specified community radio broadcasting licence areas, for the purposes of digital radio, to be the same as specified commercial radio broadcasting licence areas. Under the ‘Notice of Reservation of Capacity for Community Broadcasting Television Services (No. 1 of 1999)’ the Minister may direct the ACMA to reserve broadcasting services bands for national and community broadcasting services. Recommendation Finance recommends that no action be taken in relation to this cluster.

14. Plans (other than Licence Area Plans) Total number of instruments within cluster: 28 Number of amending or machinery instruments: 14

The majority of instruments in this cluster relate to frequency band plans, legal instruments that provide band plans and specify the purposes for which a band may be used. Frequency band plans are introduced for parts of the spectrum where there is consumer demand or a need emerges from Government policy initiatives. For instance, the 900 MHz Band Plan was introduced to promote public mobile telecommunications competition in Australia and to provide spectrum allocations for cordless telephone services. The plan was updated in 1997 to improve the utility of the digital mobile telephone bands and in 1999 to remove conditions that may have prevented the closure of the analog mobile telephone service. The remaining instruments in this cluster are the Digital Radio Channel Plans (DRCPs). The DRCPs allot frequency blocks in relation to radio areas that are designated under the Broadcasting Services Act 1992 and used by digital radio multiplex transmitter (DRMT) licensees. The DRCPs also determine the number and types of DRMT licences to be

Page 15 of 64 issued for designated radio areas under the Broadcasting Services Act and the technical specifications of multiplex transmitters operated under DRMT licences. Recommendation Finance recommends that no action be taken in relation to this cluster.

15. Licensing - Charges and Taxes Total number of instruments within cluster: 42 Number of amending or machinery instruments: 31

The instruments in this cluster outline how taxes are to be calculated on various licences issued under the Radiocommunications Act 1992. Each of the licence types has a corresponding tax Act and accompanying legislative instrument, as outlined below. - The Radiocommunications (Transmitter Licence Tax) Act 1983 allows the ACMA to determine the tax payable on a public telecommunications service transmitter licence, which is calculated by reference to the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No.2). - The Radiocommunications (Receiver Licence Tax) Act 1983 allows the ACMA to determine the tax payable on a radiocommunications receiver licence, which is calculated by reference to the Radiocommunications (Receiver Licence Tax) Determination 2003 (No.2). - The Radiocommunications (Spectrum Licence Tax) Act 1997 allows the ACMA to determine the tax payable on a spectrum licence, which is calculated by reference to the Radiocommunications (Spectrum Licence Tax) Determination 1999. The Radiocommunications Taxes Collection (Penalties on Unpaid Tax) Determination 1999 sets out the rate of penalty payable on unpaid taxes and the Radiocommunications Taxes Collection Regulations 1985 covers issues such as tax refunds, remissions, payments and exemptions. The ACMA charges for services and facilities that it provides, and for other expenses incurred by the ACMA under the Australian Communications and Media Authority Act 2005 and the Radiocommunications Act 1992. The Radiocommunications (Charges) Determination 2007 sets out the ACMA’s charges in accordance with the Australian Government’s Cost Recovery Guidelines. The costs that the ACMA may recover range from those incurred in issuing a licence through to testing equipment for compliance with a joint Australian and New Zealand Standard. The Datacasting Charge (Amount) Determination 2001 specifies the amount of datacasting charge payable by a transmitter licensee who provides a datacasting service. The ‘Australian Communications Authority (PTS-PMTS Class B Transmitter Licences) Direction No.1 of 2001’ enables the determination of an amount of tax for a public telecommunication service transmitter licence that authorises the holder to operate a land station in a public mobile telecommunications service operated in particular frequencies. FRLI records should be updated to indicate the repeal of the Radiocommunications (Spectrum Access Charge) Determination 2000. The instruments in this cluster are regularly reviewed and amended. As a result there is a large number of amending instruments.

Page 16 of 64 Recommendation Finance recommends that the portfolio advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

16. Licensing – General Total number of instruments within cluster: 87 Number of amending or machinery instruments: 49

Class licences are a means to manage spectrum, setting out the relevant frequencies that may be used and the conditions under which equipment is to be operated. Under the class licence framework, an individual does not need to apply for a licence to operate in the spectrum. Rather, as long as they adhere to the conditions set out in the class licence they may share the spectrum with other users. For instance, the Radiocommunications (27MHz Handphone Stations) Class Licence 2002 contains the technical parameters, operating requirements, conditions of licence and relevant standards for handphones. The use of a handphone is said to be authorised under the class licence where its use complies with the class licence. The cluster also contains radiocommunications licence condition determinations, which set out the licence conditions for specified apparatus licences. An individual can apply for an apparatus licence, which provides the holder with spectrum access. The spectrum access specifies the allowable bandwidth, frequency, geographical site and power of the transmission. For instance, the ‘Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2002’ sets out the conditions associated with a maritime ship licence. This licence can be issued for a station that is operated on board a ship for the purposes of communicating with maritime coast stations or on-board communications stations associated with the maritime ship station. Other instruments in this cluster specify standards that are to apply to radiocommunications equipment. For instance, the Radiocommunications (Data Transmission Equipment Using Spread Spectrum Modulation Techniques) Standard 2003 adopts the standard AS/NZS 4771:2000 and applies it to certain devices used in the industrial, scientific and medical bands. The Radiocommunications (Transmitter and Receiver Licences) Determination sets out the types of transmitter licences and receiver licences that may be issued by the ACMA. The Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1992 places conditions on holders of MF NAS transmitter licences (which allows narrowband area broadcasting) and holders of a transmitter licence for low power open narrowcasting services respectively. The associated Radiocommunications (Qualified Operators) Determination 2005 specifies the classes of transmitter licences under which a person must be qualified to operate the transmitter or hold an equivalent overseas qualification. The instruments in this cluster are regularly reviewed and amended. As a result there is a large number of amending instruments.

Page 17 of 64 Recommendation Finance recommends that the portfolio advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

17. Television Conversion Scheme Total number of instruments within cluster: 11 Number of amending or machinery instruments: 7

The instruments in this cluster support Australia’s transition from analog to digital television, with the switch to digital only transmission scheduled by the end of 2013. The National Television Conversion Scheme 1999 sets out the scheme for the conversion of national television broadcasting services from analog to digital, and the Commercial Television Conversion Scheme 1999 outlines the scheme for the conversion of commercial television broadcasting services. The Commercial Television Conversion Scheme is established under the Broadcasting Services Act 1992. The Act requires that there be a simulcast period in which standard digital television (SDTV) will be transmitted alongside the existing analog television broadcasting service. The Broadcasting Services (Extension of Simulcast Period) Regulations 2007 prescribe this simulcast period as being nine years for commercial television broadcasting licensees in metropolitan licence areas. The Broadcasting Services Act also sets out the conversion of television broadcasting services from analog to digital in remote areas, with the ‘Broadcasting Services Act 1992 – Determination of Remote Licence Areas (22/12/2000)’ setting out those licence areas that are to be considered as remote licence areas. Recommendation Finance recommends that no action be taken in relation to this cluster.

18. Transmitter Registration Total number of instruments within cluster: 2 Number of amending or machinery instruments: 1

Under the Radiocommunications Act 1992, the ACMA is responsible for maintaining the Register of Radiocommunications Licences, which includes licence holder information and conditions for each spectrum and apparatus licence. The ACMA may also choose to include details of the radiocommunications devices that are operated under spectrum licences. However, before registering a device the ACMA may require a certificate stating that the operation of the device would satisfy licence conditions. The ‘Radiocommunications (section 145(3) Certificates) Determination 2000’ sets out the conditions that apply to the issuing of such a certificate, including that an accredited person must be satisfied that the device’s operation would not cause an unacceptable level of interference and that the written consent of any party, identified by the accredited person as likely to be affected by interference, has been obtained.

Page 18 of 64 Recommendation Finance recommends that no action be taken in relation to this cluster.

19. Prohibited Device Determinations Total number of instruments within cluster: 7 Number of amending or machinery instruments: 3

The ACMA has the authority under the Radiocommunications Act 1992 to prohibit radiocommunications devices where a device is considered to pose health and safety risks or has been designed to have an adverse effect on radiocommunications or would be likely to interrupt, disrupt or disturb radiocommunications. The instruments in this cluster specify the devices that have been prohibited by the ACMA and the various exemptions that have been introduced by the ACMA. The ‘Notification that the Australian Communications and Media Authority prohibits the operation or supply, or possession for the purpose of operations or supply, of specified devices’ prohibits the operation, supply or possession of a device designed to operate within the frequency bands 870-960MHz or 825-845MHz and to interfere or disrupt radiocommunications. These devices, otherwise known as mobile telephone jammers, transmit signals that interfere with reception from cellular telephone base stations. The instrument exempts transmitters that provide a cellular mobile telephone service on board an aircraft. The ‘Radiocommunications (Prohibited Device) (Mobile Telephone Jamming Devices) Exemption Determination 2004’ provides an exemption to the prohibition for defence personnel. The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004 prohibits the operation, supply or possession of radionavigation-satellite service (RNSS) jammers. The RNSS is a system of satellites that provide positioning, velocity and timing data. A service of the RNSS, the Global Positioning System (GPS), is used in Australia for a range of services, including navigation in the aviation, maritime and land transport sectors and emergency services. RNSS jammers transmit signals that interfere with RNSS signalling and reception. Defence and related persons are exempted from the prohibition on RNSS jammers by the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2004. The ‘Declaration of Prohibited Customer Equipment Mobile Phone Booster Amplifiers for Global System for Mobiles ("GSM") and Code Division Multiple Access ("CDMA") Mobile Telecommunications Services’ prohibits the operation, supply or possession of particular mobile phone booster amplifiers, which have been used to increase the performance and coverage of mobile telephones. The Radiocommunications (Prohibited Devices)(AFP testing of mobile telephone jamming devices) Exemption Amendment Determination 2007 was identified as having no legal effect.

Page 19 of 64 Recommendation Finance recommends that the ACMA advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

20. Australian and Foreign Space Objects Total number of instruments within cluster: 11 Number of amending or machinery instruments: 9

The Radiocommunications Act 1992 establishes the framework for regulating Australian satellite networks and satellite objects. Australian satellite networks and space objects are registered by the ACMA with the United Nation’s International Telecommunication Union (ITU). Upon filing a space object with the ITU, the ACMA becomes responsible for its operation. Foreign satellite networks are filed with the ITU by other Administrators and are of concern to the ACMA only in so much as they use Australian spectrum to communicate with places in Australia. The Radiocommunications (Australian Space Objects) Determination 2000 (No.2) supplements the Act by specifying the objects determined to be Australian space objects and the Radiocommunications (Foreign Space Objects) Determination 2000 (No. 2) determines the circumstances in which foreign space objects are subject to the Radiocommunications Act 1992. The Determinations are regularly reviewed and amended. As a result there is a number of amending instruments. Recommendation Finance recommends that the ACMA advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

21. Definitions Relating to the Radiocommunications Industry Total number of instruments within cluster: 19 Number of amending or machinery instruments: 16

The Radiocommunications (Interpretation) Determination 2000 defines expressions used in Determinations issued under the Australian Communications Authority Act 1997, the Radiocommunications Act 1992 and the radiocommunication tax Acts. The Determination is regularly reviewed and amended. As a result there is a large number of amending instruments. The Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2) determines which radiocommunications receivers are radiocommunications devices, and the Radiocommunications (Domestic Digital Television Receiver - Characteristic) Determination 2007 adds a characteristic to the definition of a domestic digital television receiver for the purposes of the Radiocommunications Act 1992.

Page 20 of 64 Recommendation Finance recommends that the ACMA advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

TECHNICAL STANDARDS

22. Cabling Provider Rules Total number of instruments within cluster: 11 Number of amending or machinery instruments: 8

The Telecommunications Cabling Provider Rules 2000 outline the cabling provider registration system managed by the ACMA and require that the ACMA establish competency requirements that are to be satisfied by cabling providers prior to their registration. Registered cabling providers may perform customer cabling work in the telecommunications, fire, security and data industries, and also supervise the work of an unregistered cabling provider. A cabling provider gives the Registrar evidence of compliance with the competency requirements, which enables their registration to conduct open cabling work, restricted cabling work or lift cabling work. The ‘Accreditation Procedures for Cabling Provider Registrars’ sets out the process followed and the criteria used by the ACMA in accrediting a person, prior to engaging the person to operate the cabling provider registration system or to act as a registrar for cabling providers. The criteria include demonstrating the financial viability of the proposed registration services, and providing assurance that cabling providers would be assisted to fulfil their legislative and industry responsibilities and that cabling providers would be audited on a regular basis to ensure compliance with the Telecommunications Cabling Provider Rules 2000. The Rules require that cabling providers install and use cable and customer equipment that complies with the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 and that upon completion of cabling work the cabling provider gives a job sign-off form to the customer to certify the work performed. The effect of the Telecommunications (Types of Cabling Work) Declaration 1997 is to exempt cabling work undertaken for a broadcaster or narrowcaster, a criminal law-enforcement agency, a temporary Department of Defence field telecommunications facility and a test of a fire detection and alarm system and automatic fire sprinkler system from the requirements of the Telecommunications Act 1997. Whilst excluded from the requirements of the Act, these types of cabling work are undertaken in accordance with other requirements, including compliance with specified Australian Standards. Recommendation Finance recommends that no action be taken in relation this cluster.

Page 21 of 64 23. Carriers' Land Entry Powers Total number of instruments within cluster: 8 Number of amending or machinery instruments: 3

The Telecommunications Act 1997 provides carriers with the power to enter land for the purposes of determining the land’s suitability for a telecommunications facility, installing a facility on the land or maintaining an existing facility. The Telecommunications Act restricts the telecommunications facilities that can be installed by carriers under Australian Government authority, specifically the power to install a facility may only be exercised with respect to certain types of infrastructure, such as a facility defined in the Telecommunications (Low-impact Facilities) Determination 1997, a temporary defence facility or where the carrier holds a Facility Installation Permit. Approval for a large proportion of telecommunications facilities, including overhead cables and radiocommunications towers, are the responsibility of state and territory governments. The Telecommunications (Low-impact Facilities) Determination 1997, included in this cluster of instruments, determines the facilities that are considered to be a low-impact facility, also specifying the maximum dimension of each type of facility and defining where facilities may be installed based on the zoning of the site as commercial, industrial, residential or rural under state or territory laws. Examples of low-impact facilities include underground cables, public payphones and small, unobtrusive radiocommunications antennae and dishes. The Telecommunications Code of Practice 1997 sets out carriers’ obligations and responsibilities when installing low-impact facilities, inspecting land and maintaining facilities. The Code replicates or expands on conditions set out in the Act and imposes additional conditions on carriers. For instance, specifying that a carrier must do as little damage as practicable, act in accordance with good engineering practices and comply with recognised industry standards. The Code further requires that carriers notify landowners and occupiers of a proposed installation and the process to lodge an objection. The Telecommunications Act 1997 sets out a regulatory framework for protecting submarine cables and for issuing permits for the installation of new submarine cables. The Act allows the ACMA to declare protection zones in relation to cables of national significance. The intention behind creating protection zones is to deter people from undertaking activities that have the potential to damage submarine cables of national significance and to enable a more considered and coordinated approach to cable planning and location decisions. The Submarine Cable Declarations in this cluster establish protection zones in relation to cables that are considered to be of national significance. For instance, the ACMA deemed the South East Asia, Middle East and Western Europe Cable 3, located off the coast of Perth, to be of national significance. The Submarine Cable (Perth Protection Zone) Declaration 2007 provides a protection zone in relation to this submarine cable. Recommendation Finance recommends that no action be taken in relation to this cluster.

Page 22 of 64 24. Customer Equipment and Customer Cabling Labelling Total number of instruments within cluster: 70 Number of amending or machinery instruments: 27

The Telecommunications Act 1997 provides that the ACMA may require manufacturers or importers of specified customer equipment or customer cabling to affix a label to indicate that the equipment or cabling complies with the standards mandated by the ACMA. The Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the Labelling Notice) specifies the types of items that must be labelled, such as telephone handsets, modems, mobile phones and answering machines. The Labelling Notice also identifies the relevant technical standards and the level of compliance required for each standard, as well as the form and placement of labels, marks and information. To demonstrate compliance with the Labelling Notice supporting documentation must be collected and maintained. The Labelling Notice sets out that equipment classified as requiring testing to compliance level 3 be tested to Australian technical standards and that the testing and accompanying report be completed by a recognised testing authority. This cluster of instruments also includes the technical standards that have been issued by the ACMA in respect of specified customer equipment and cabling. For instance, the ‘Telecommunications Technical Standard (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to the Public Switched Telephone Network – AS/ACIF S022:2005) 2005’ specifies the relevant Australian Standard/Australian Communications Industry Forum Standard (AS/ACIF) to be applied to customer equipment that is designed to be connected to an analogue public switched telephone network two-wire service. The technical standards are issued under the Telecommunications Act 1997 to: protect the health and safety of people who either operate, work on or use a telecommunications network or a facility; protect the integrity of the network or facility; and ensure that customer equipment can be used to supply a standard telephone service and provide access to an emergency call service. The Telecommunications (Equipment for the Disabled) Regulations 1998 complement the guarantee provided under the Telecommunications (Consumer Protection and Service Standards) Act 1999 for access to a standard telephone service for the disabled, by specifying the features and equipment that must be available on or for use with the standard telephone service. Examples of the types of features that must be made available include a built-in hearing aid coupler, a cochlear implant telephone adaptor and alternative alerts to indicate when a telephone is ringing. The Regulations also specify the equipment to be made available to people with visual, hearing or speech impairments to enable them to access the National Relay Service, which includes a teletypewriter, modem and telebraille. Under the Telecommunications Act, the ACMA also has the authority to make disability standards, which do not form part of the mandatory requirements listed in the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001. The ‘Telecommunications Disability Standard (Requirements for Customer Equipment for use with the Standard Telephone Service – Features for special needs of persons with disabilities – AS/ACIF S040) 2002’ requires adherence to AS/ACIF S040, which specifies the technical requirements that equipment designed for persons with a disability are to satisfy.

Page 23 of 64 The instruments in this cluster are regularly reviewed and amended. As a result there is a large number of amending instruments. Recommendation Finance recommends that the portfolio advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

25. International Conventions Total number of instruments within cluster: 2 Number of amending or machinery instruments: 0

The Telecommunications Act 1997 stipulates that the ACMA must have regard to Australia’s convention obligations, as advised by the Minister, when performing its telecommunications functions and exercising its telecommunications powers. The ACMA is advised of these conventions through the Telecommunications (International Conventions) Notification No. 1 of 1997. The Telecommunications Act also requires that carriers and carriage service providers comply with binding conventions, and these are specified in the Telecommunications (Compliance with International Conventions) Declaration No. 1 of 1997. Recommendation Finance recommends that no action be taken in relation to this cluster.

26. Miscellaneous – Broadcasting Total number of instruments within cluster: 10 Number of amending or machinery instruments: 3

The Broadcasting Services (Technical Planning) Guidelines 2007, otherwise known as the Technical Planning Guidelines, operate in tandem with licence area plans and digital channel plans to regulate transmitters used by broadcasters in providing services under the Broadcasting Services Act. The licence area and digital channel plans set out the technical specifications of the service, including the frequency, maximum effective radiated power and the site of the transmitter. The Technical Planning Guidelines are used by transmitter licensees to plan and construct their transmitting facilities and to conduct test transmissions which provide certainty that the services will be provided in line with the licensing requirements. The Technical Planning Guidelines provide flexibility to licensees in terms of where they locate a transmitter. The licence area and digital channel plans specify nominal sites where transmitters are to be located, and once published by the ACMA these plans are only infrequently amended. The Technical Planning Guidelines set out the criteria used by the ACMA in considering alternative transmitter sites. It is the responsibility of the licensee however to prove that an alternative site will not interfere with radiocommunications services or to existing or planned broadcasting services shown in the licence area or digital channel plans. The Radiocommunications (Electromagnetic Radiation - Human Exposure) Standard

Page 24 of 64 2003 establishes performance standards to be met by transmitters and sets out scientific methods to measure the specific absorption rate associated with a particular transmitter. The purpose of the Standard is to protect the health and safety of individuals exposed to electromagnetic radiation emitted by transmitters. The Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003 is relevant for those transmitters that are covered by the Radiocommunications (Electromagnetic Radiation - Human Exposure) Standard 2003. The Notice stipulates that a supplier must apply to the ACMA for permission to apply either the C-Tick or Regulatory Compliance Mark on a device and to demonstrate compliance with the relevant standards. The Notice further sets out the compliance level to be demonstrated against the standards (which are dependent on the type of device), the form and placement of the compliance labels and the records to be kept after the labels have been applied to a device. The ‘Broadcasting Services (Digital Television Format - Audio Component - Transmissions in SDTV Digital Mode) Technical Standard 2007’ specifies that the audio component of television programs and datacasting services, transmitted in standard-definition television digital mode, must be able to be decoded by a receiver that is only capable of decoding the audio compression format ‘MPEG-1 Layer 2’. The Standard was introduced to provide certainty of audio reception to manufacturers and marketers of receivers. Under the Radiocommunications Act, the ACMA may consider a frequency assignment certificate before making a decision on whether to issue an apparatus licence. The Radiocommunications (Frequency Assignment Certificates) Determination 2003 sets out the conditions that are to be satisfied before a frequency assignment certificate can be issued by an accredited person. The purpose of the frequency assignment certificate is to provide certainty that the device, when operated on a specified frequency or specified frequency channel, at a specified constancy, at a specified location and subject to specified technical conditions will perform in accordance with licence conditions. The Determination requires that an accredited person keep records in respect of certificates issued, is appropriately insured and that an approved Deed of Indemnity relating to the issue of certificates by the accredited person is in force. The Radiocommunications (Accreditation - Prescribed Certificates) Principles 2003 detail the conditions that must be satisfied for a person to become accredited, including the application process and educational and work qualifications required for accreditation, as well as the information that the ACMA is obliged to make available to accredited persons. Recommendation Finance recommends that no action be taken in relation to this cluster.

27. Numbering Plan Total number of instruments within cluster: 59 Number of amending or machinery instruments: 54

Under the Telecommunications Act 1997, the ACMA is responsible for developing a plan that establishes the framework and policies for telephone number allocation and use. This

Page 25 of 64 plan is comprehensively set out in the Telecommunications Numbering Plan 1997 (Numbering Plan). The Numbering Plan specifies the numbers that may be used in connection with the supply of carriage services to the Australian public, and include geographical numbers and accompanying local numbers, special service numbers, emergency service numbers, freephone numbers, data numbers and telex numbers. The plan ensures that carriage service providers use a consistent approach to allocating telephone numbers and that a particular number can be associated with a specific type of service and call cost. The Numbering Plan explains the various methods used by the ACMA in allocating numbers, the eligibility criteria that carriage service providers must satisfy to be eligible for an allocation of numbers, as well as the process for surrendering, transferring and withdrawing numbers. The terms and conditions on which customers and carriage service providers may use numbers, and the obligations of carriage service providers are also outlined in the Numbering Plan. The Numbering Plan is amended on a regular basis. As a result there is a large number of amending instruments. The remaining instruments in this cluster, the Telecommunications Numbering Plan Number Declaration 2004 and the Telecommunications Numbering Plan Number Declaration 2000, specify the freephone numbers and local rate numbers that are or are not available for allocation by auction and those available for allocation respectively. Recommendation Finance recommends that the ACMA advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

28. Charges Total number of instruments within cluster: 8 Number of amending or machinery instruments: 1

The Telecommunications (Numbering Charges) Act 1997 imposes an annual charge on numbers held by carriage service providers. The Telecommunications (Annual Charge) Determination 2007 (No.2) provides the formula used in calculating the annual charge. The ACMA is required under the Act to specify a day in April on which annual numbering charges are imposed, which is done through an annual Telecommunications (Date of Imposition of Charge) Determination. The ACMA may also apply a late penalty to annual amounts not paid by a specified date in accordance with the Telecommunications (Annual Numbering Charge - Late Payment Penalty) Determination 2000. Under the Telecommunications Act 1997 a carrier may apply to the ACMA for a permit authorising it to install facilities. The Act requires that an application for a facility installation permit be accompanied by a charge, which covers services provided and expenses incurred by the ACMA in assessing an application. The Telecommunications (Facility Installation Permit - Application Charge) Determination 2007 specifies the value of the deposit that is to accompany an application and provides the hourly rate to cover the activities undertaken by the ACMA staff. The Act further requires that a public inquiry also be held in respect of an application and the Telecommunications (Facility

Page 26 of 64 Installation Permit - Public Inquiry Charges) Determination 2007 outlines the costs that are payable by the applicant in respect of the public inquiry. Recommendation Finance recommends that no action be taken in relation to this cluster.

29. Radicommunications Regulations Total number of instruments within cluster: 13 Number of amending or machinery instruments: 11

The Radiocommunications Regulations 1993 are an omnibus group of regulations that cover a range of radiocommunications issues. The Regulations outline the conduct of examinations for certificates of proficiency. An applicant for a licence for a maritime coast station or ship station transmitter is required to sit an examination for a certificate of proficiency. The Regulations specify the types of examinations that can be held and the matters to be covered during the examinations. The Regulations also set out the process for the issuance of infringement notices for minor offences where the matter may be resolved through the payment of a penalty instead of through a prosecution. The related instrument, the ‘Notice Declaring the Minimum Age for the Issue of a Certificate of Proficiency’, establishes that applicants must be over a certain age to qualify for a certificate. The Regulations also clarify technical legislative points. For instance, the Act states that a person must not use a transmitter in a way that the person knows will interfere with emergency services. The Regulations clarify this provision by naming the particular organisations that are deemed to be emergency services organisations. The Radiocommunications Regulations are amended on a regular basis. As a result there is a large number of amending instruments. Recommendation Finance recommends that DBCDE advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

30. Radiocommunications Technical Equipment Standards Total number of instruments within cluster: 17 Number of amending or machinery instruments: 5

The instruments in this cluster are standards developed by the ACMA under the Radiocommunications Act 1992. The instruments establish standards for the performance of specified devices and set the maximum permitted level of radio emissions from devices within specified parts of the spectrum. For instance, the Radiocommunications (406MHz Satellite Distress Beacons) Standard 2005 establishes the standards to be met by distress beacons operating on the 406MHz frequency. When activated, the 406MHz beacon sends a digital signal to search and rescue authorities and enables authorities to retrieve information about the owner of the beacon from a registration database. The Standard sets out the provisions of the relevant

Page 27 of 64 joint Australian and New Zealand Standards that apply to two types of 406MHz beacons. Similarly, the other Standards in this cluster identify the provisions of joint Australian and New Zealand Standards that apply to other devices including Analogue Speech (Angle Modulated) Equipment, MF and HF equipment - Land Mobile Service, MF and HF Radiotelephone Equipment - International Maritime Mobile Service, Paging Service Equipment, Short Range Devices, UHF CB Radio Equipment and VHF Radiotelephone Equipment - Maritime Mobile Service. The Radiocommunications Devices (Compliance Labelling) Notice 2003 specifies the compliance level that is to be satisfied in respect of devices covered by the Standards. The Notice requires, in some instances, that an accredited testing body test a device’s compliance with an applicable standard. The Radiocommunications (Accreditation Body) Determination 1998 deems the National Association of Testing Authorities to be an accreditation body, which in practice allows it to determine entities that can act as recognised testing authorities. After successfully demonstrating that the relevant compliance level has been satisfied the manufacturer or importer labels the device to demonstrate compliance. The Notice specifies the form and placement of the label. The Notice also requires that compliance records are to be kept by suppliers for five years after the device ceases to be supplied in Australia. Recommendation Finance recommends that no action be taken in relation to this cluster.

31. Radiocommunications Technical Standards Total number of instruments within cluster: 35 Number of amending or machinery instruments: 10

Under the Radiocommunications Act, the ACMA may refuse an application to register a radiocommunications transmitter for operation under a spectrum licence where the operation of the transmitter could cause an unacceptable level of interference to the operation of other licensed radiocommunications devices. The Unacceptable Levels of Interference Determinations in this cluster provide guidance as to what the ACMA considers to be an unacceptable level of interference in particular frequency bands. For instance, the Radiocommunications (Unacceptable Levels of Interference - 2 GHz Band) Determination 2000 provides technical guidance to applicants, setting out the criteria used in determining whether a transmitter operating under a spectrum licence issued in the 2 GHz band would cause an unacceptable level of interference. The ACMA may also develop advisory guidelines on any aspect of radiocommunciations or radio emissions. The guidelines cover issues such as interference with radiocommunications as in the case of the ‘Radiocommunications Advisory Guidelines (Co-ordinating the operation of transmitters in the 500MHz bands)’ which provide technical guidance to spectrum licensees in the 500MHz bands on the operation of transmitters located within the range of Telstra radio concentrator systems (through which the standard telephone service is provided to remote Australia). The Radiocommunications (Labelling) Determination 1997 sets outs the requirements for the labelling of radiocommunications transmitters operated under apparatus or spectrum

Page 28 of 64 licences. The Determination elaborates when a transmitter is to be labelled and the nature of the information to be provided in the label. Recommendation Finance recommends that no action be taken in relation to this cluster.

POSTAL REGULATIONS

32. Australian Postal Corporation Regulations Total number of instruments within cluster: 9 Number of amending or machinery instruments: 6

The Australian Postal Corporation Regulations are enabled by the Australian Postal Corporations Act 1989, which outlines the operations of the Australian Postal Corporation (Australia Post). The Australian Postal Corporation (Performance Standards) Regulations prescribe the performance standards to be met by Australia Post in terms of the frequency, speed and accuracy of mail delivery across Australia. The Regulations also outline the performance standards to be met by Australia Post in respect of the availability and accessibility of post boxes and Australia Post offices throughout Australia. The Australian Postal Corporation Regulations outline the process followed by Australia Post in dealing with articles and their contents, including articles that may contain drugs or quarantined material. The Regulations also detail the roles of both Australia Post and Australian Customs and Border Protection Service in the forfeiture and disposal of such articles. The Australian Postal Corporation Regulations require that persons who use bulk interconnection services receive fair and reasonable rate reductions for the use of these services. In the event that a person does not receive fair reductions for bulk use of services, the Regulations enable the ACCC to conduct an inquiry in accordance with the inquiry process outlined in the Regulations. The Australia Post (Capital) Regulations were introduced to manage any outstanding loans that the postal service had with the Commonwealth following the commencement of the Australian Postal Corporation Act 1989. Recommendation Finance recommends that no action be taken in relation to this cluster.

ADMINISTRATION

33. ACMA Costs and Charges Total number of instruments within cluster: 2 Number of amending or machinery instruments: 0

The Broadcasting (Charges) Determination 2007 specifies the charges payable to the ACMA for a range of broadcasting licences that it issues and renews. Under the

Page 29 of 64 Broadcasting Services Act 1992, a person may apply to the ACMA for an opinion on the category that a broadcasting service would fall into and whether a person is in a position to exercise control of a commercial television broadcasting licence, a commercial radio broadcasting licence, a satellite subscription television broadcasting licence, a datacasting transmitter licence, a newspaper or a company. The charges payable to the ACMA for an opinion are also specified in the Determination. The Telecommunications (Charges) Determination 2009 specifies the charges payable to the ACMA for expenses incurred in considering applications for a permit to connect customer equipment and cabling, as well as considering applications for the allocation of a number outside the prescribed allocation system. Recommendation Finance recommends that no action be taken in relation to this cluster.

34. Amendments to Criminal Provisions Total number of instruments within cluster: 1 Number of amending or machinery instruments: 0

The ‘Communications, Information Technology and the Arts Legislation Amendment (Application of Criminal Code) Regulations 2001 (No.1)’ were introduced to ensure that, as a result of the application of Chapter 2 of the Criminal Code Act 1995 to all Commonwealth offences from 15 December 1991, offence provisions in the Radiocommunications Regulations 1993 and the Telecommunications (Arbitration) Regulations 1997 continued to operate in the same manner as they had previously operated. Recommendation Finance recommends that no action be taken in relation to this cluster.

35. Determination of Approving Body Total number of instruments within cluster: 1 Number of amending or machinery instruments: 0

The telecommunications customer equipment regulatory framework allows for the use of a certification body where test laboratories are unavailable to test to specific standards. A statement of compliance from a certification body can be used by a supplier of customer equipment to demonstrate that their equipment is compliant with standards made under the telecommunications regulatory framework. The Telecommunications (Approving Bodies) Determination 2007 identifies the Executive Manager, Regulation and Compliance Branch, the ACMA as the approving body who may choose persons and associations to be a certification body. The portfolio has advised that the position of Executive Manager, Regulation and Compliance Branch, the ACMA no longer exists and consequently this instrument should be either updated or revoked and remade. Recommendation Finance recommends that the ACMA either amend or revoke and reissue the instrument.

Page 30 of 64 36. ACMA’s Enforcement Powers Total number of instruments within cluster: 1 Number of amending or machinery instruments: 0

The ‘Guidelines relating to the ACMA’s enforcement powers under the Broadcasting Services Act 1992’ inform industry of the factors the ACMA takes into account when determining responses to contraventions, including whether to refer a matter to the Commonwealth Director of Public Prosecutions for action or whether to use its conferred powers. In exercising its enforcement powers the Guidelines provide that the enforcement power used is to be commensurate with the seriousness of the breach. Recommendation Finance recommends that no action be taken in relation to this cluster.

37. National Transmission Asset Management Total number of instruments within cluster: 2 Number of amending or machinery instruments: 2

The National Transmission Network (NTN), which transmits radio and television programs around Australia for SBS and ABC, was sold on 30 April 1999 in accordance with the National Transmission Network Sale Act 1998. The Act stipulates that the Minister’s approval is required to transfer original assets or replacement assets. The instruments in this cluster: approve the transfer of original assets; and exempt other assets from the operation of the Act. Recommendation Finance recommends that no action be taken in relation to this cluster.

38. Proclamations Total number of instruments within cluster: 2 Number of amending or machinery instruments: 2

The ‘Broadcasting Services Amendment (Media Ownership) Act 2006 – Proclamation’ provided for the commencement of Schedule 2 to the Broadcasting Services Amendment (Media Ownership) Act 2006. The ‘Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 – Proclamation’ declared 1 January 2006 as the day on which Schedule 11 to the Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 commenced. These instruments are spent. Recommendation Finance recommends that DBCDE advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

Page 31 of 64 39. Regional Telecommunications Independent Review Committee Total number of instruments within cluster: 1 Number of amending or machinery instruments: 0

The Regional Telecommunications Independent Review Committee (RTIRC) is established under the Telecommunications (Consumer Protection and Service Standards) Act 1999 and conducts reviews into the adequacy of telecommunications services in regional, rural and remote Australia. The purpose of the ‘Regional Telecommunications Independent Review Committee (First Review Starting Date) Determination (No.1) 2007’ was to specify that the RTIRC was to commence its first review on 14 August 2007, which is earlier than provided for in the Act. The portfolio has advised that, as the RTIRCs first report was tabled in Parliament on 15 October 2008 and that the timing of subsequent reviews is specified in the primary legislation, the Determination has no ongoing effect and can be revoked. Recommendation Finance recommends that DBCDE take action to revoke the redundant instrument.

40. Redundant Administrative Instruments Total number of instruments within cluster: 15 Number of amending or machinery instruments: 6

The portfolio identified a number of administrative instruments as redundant and suitable for immediate revocation. These instruments are identified below. The Transitional Provisions Relating to Industrial Awards Regulations are redundant as they relate to proceedings and awards that have ceased operation. Postal and Telecommunications Commissions (Transitional Provisions) Regulations Postal and Telecommunications Commissions (Transitional Provisions) Regulations (Amendment) The ‘National Broadcasters – ABC Regulations’ cluster of instruments are redundant as the enabling legislation has since been amended or removed. Australian Broadcasting Corporation Regulations Australian Broadcasting Corporation Regulations (Amendment) Parliamentary Proceedings Broadcasting Regulations Parliamentary Proceedings Broadcasting Regulations (Amendment) Parliamentary Proceedings Broadcasting Regulations (Amendment) Parliamentary Proceedings Broadcasting Regulations (Amendment) Australian Broadcasting Corporation (Election of staff-elected Director) Regulations Australian Broadcasting Corporation (A.B.C. Stock) Regulations The ‘National Broadcasters – SBS Regulations’ instrument is redundant as the enabling Section 67 of the SBS Act 1991 has been repealed.

Page 32 of 64 Special Broadcasting Service Regulations The ‘Communications Fund Regulations’ cluster of instruments is redundant as the relevant special account ceased to exist from 1 January 2009. Telecommunications (Consumer Protection and Service Standards) (Communications Fund) Regulations 2005 Telecommunications (Consumer Protection and Service Standards) (Communications Fund) Amendment Regulations 2006 (No. 1) The Transitional Provisions – Australian Broadcasting Tribunal Regulation has no ongoing relevance as the Broadcasting Act 1942 has been repealed and the Australian Broadcasting Tribunal no longer exists. Australian Broadcasting Tribunal (Inquiries) (Transitional Provisions) Regulations The Information Disclosure Procedures Regulation is no longer relevant as Section 282 of the Telecommunications Act 1997 no longer exists. Determination of Requirements - Certificates under subsections 282(3), (4) or (5) Recommendation Finance recommends that DBCDE and the ACMA take action to revoke the redundant instruments and to advise and liaise with the Legislative Services and Publication Unit, OLDP, to update the status of non ongoing amending instruments on the Federal Register of Legislative Instruments as appropriate.

Page 33 of 64 ATTACHMENT A

Government bodies, including statutory agencies, within the Broadband, Communications and the Digital Economy Portfolio

 Department of Broadband, Communications and the Digital Economy (DBCDE) – develops policy relating to the provision of broadband internet services, postal and telecommunications services, broadcasting, the digital economy and the information economy.  Australian Communications and Media Authority (ACMA) – regulates broadcasting, the Internet, radio communications and telecommunications.  Australia Post – provides postal services within Australia and between Australia and places outside Australia.  Australian Broadcasting Corporation – provides broadcasting services within Australia and overseas and encourages and promotes Australia’s musical, dramatic and other performing arts.  Special Broadcasting Service Corporation – provides broadcasting of multilingual and multicultural radio and television services.  National Broadband Network Company (NBN Co) – created to roll-out, operate and maintain a national broadband network.

Page 34 of 64 ATTACHMENT B

Broadband, Communications and the Digital Economy Portfolio Reviewed Clusters and Legislative Instruments

COMPETITION

Cluster 1: Carrier Licence Charges Regulations 1. Telecommunications (Late Payment of Annual Carrier Licence Charge) Amendment Determination 2005 (No. 1) 2. Telecommunications (Late Payment of Annual Carrier Licence Charge) Determination No. 1 of 1999 3. Telecommunications (Due Date for Annual Carrier Licence Charge) Determination No. 1 of 1999 4. Telecommunications (Due Date for Annual Charge) Determination 1999 5. Telecommunications (Annual Carrier Licence Charge) Determination 2005 6. Telecommunications (Annual Carrier Licence Charge) Determination 2006 7. Telecommunications (Annual Carrier Licence Charge) Determination 2007 8. Telecommunications (Annual Carrier Licence Charge) Amendment Determination 2007 (No. 1) 9. Telecommunications (Carrier Licence Application Charge) Determination 2007 10. Telecommunications (Carrier Licence Charges) Act 1997 - Determination under paragraph 15(1)(b) No. 1 of 2005 11. Telecommunications (Carrier Licence Charges) Act 1997 - Determination under paragraph 15(1)(b) No. 1 of 2006 12. Telecommunications (Carrier Licence Charges) Act 1997 - Determination under paragraph 15(1)(b) No. 1 of 2007 13. Telecommunications (Carrier Licence Charges) Act 1997 - Determination under paragraph 15(1)(d) No. 1 of 2005 14. Telecommunications (Carrier Licence Charges) Act 1997 - Determination under paragraph 15(1)(d) No. 1 of 2006 15. Telecommunications (Carrier Licence Charges) Act 1997 - Determination under paragraph 15(1)(d) No. 1 of 2007 16. Telecommunications (Carrier Licence Charges) Act 1997 - Determination under paragraph 15(1)(e) No. 1 of 2005 17. Telecommunications (Carrier Licence Charges) Determination No. 1 of 2006 (2004- 05 Financial Year) 18. Telecommunications (Carrier Licence Charges) Determination No. 2 of 2006 (2005- 06 Financial Year) 19. Telecommunications (Nominated Carrier Declaration Application Charge) Determination 2007 20. Telecommunications (Recovery of ITU Budget Contribution) Determination 2005 21. Telecommunications (Recovery of ITU Budget Contribution) Determination 2006 22. Telecommunications (Recovery of ITU Budget Contribution) Determination 2007 23. Telecommunications (Costs Attributable to Telecommunications Functions and Powers) Determination 2005 24. Telecommunications (Costs Attributable to Telecommunications Functions and Powers) Determination 2006 25. Telecommunications (Costs Attributable to Telecommunications Functions and

Page 35 of 64 Powers) Determination 2007

Cluster 2: Freephone and Local Rate Number Allocation and Pre-selection of Carriage Service Provider 26. Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2007 (No. 1) 27. Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1) 28. Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 29. Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998

Cluster 3: Rules of Conduct - Dealings with International Telecommunications Operators 30. Rules of Conduct about dealings with international telecommunications operators No. 1 of 1997

CONSUMER SAFEGUARDS

Cluster 4: Carrier Licensing 31. Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997 32. Carrier Licence Conditions (Optus Networks Pty Ltd) Declaration 1997 33. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 34. Carrier Licence Conditions (Vodafone Pty Limited) Declaration 1997 35. Carrier Licence Conditions (Optus Mobile Pty Ltd) Declaration 1997 (Amendment No. 1 of 1997) 36. Carrier Licence Conditions (Optus Networks Pty Ltd) Declaration 1997 (Amendment No. 1 of 1997) 37. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 1998) 38. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 1999) 39. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2000) 40. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2002) 41. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2003) 42. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2005) 43. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2006) 44. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2007) 45. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 1999) 46. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2001) 47. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2002)

Page 36 of 64 48. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2003) 49. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2005) 50. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 3 of 2002) 51. Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 4 of 2002) 52. Carrier Licence Conditions (Vodafone Pty Limited) Declaration 1997 (Amendment No. 1 of 1997) 53. Telecommunications (Integrated Public Number Database - Permitted Research Purposes) Instrument 2007 (No. 1) 54. Telecommunications (Integrated Public Number Database - Public Number Directory Additional Information) Instrument 2007 (No. 1) 55. Telecommunications (Integrated Public Number Database - Public Number Directory Requirements) Instrument 2007 (No. 1) 56. Telecommunications (Integrated Public Number Database Scheme - Conditions for Authorisations) Determination 2007 (No. 1) 57. Telecommunications (Integrated Public Number Database Scheme - Criteria for Deciding Authorisation Applications) Instrument 2007 (No. 1) 58. Telecommunications Amendment (Integrated Public Number Database) Act 2006 - Proclamation 59. Telecommunications Integrated Public Number Database Scheme 2007 60. Telecommunications (Carrier Licence Exemption) Determination 2004 (No. 1) 61. Telecommunications (Carrier Licence Exemption) Determination No. 1 of 2001 62. Telecommunications (Carrier Licence Exemption) Determination No. 1 of 2001 (Amendment No. 1 of 2005) 63. Telecommunications (Carrier Licence Exemption) Determination No. 1 of 2001 (Amendment No. 1 of 2006) 64. Telecommunications Act 1997 - Determination under subsection 23(2), No. 1 of 1998 65. Telecommunications Act 1997 - Determination under subsection 51(1) (No. 1 of 2002) 66. Telecommunications Act 1997 - Determination under subsection 51(1), No. 1 of 1998 67. Telecommunications Act 1997 - Determination under subsection 51(1), No. 2 of 1998 68. Telecommunications (Standard Telephone Service and Specified Carriage Service Exemption) Declaration 1998

Cluster 5: Telecommunications Regulations 69. Telecommunications Regulations 2001 70. Telecommunications Amendment Regulations 2001 (No. 1) 71. Telecommunications Amendment Regulations 2002 (No. 1) 72. Telecommunications Amendment Regulations 2002 (No. 2) 73. Telecommunications Amendment Regulations 2002 (No. 3) 74. Telecommunications Amendment Regulations 2003 (No. 1) 75. Telecommunications Amendment Regulations 2004 (No. 1) 76. Telecommunications Amendment Regulations 2005 (No. 1) 77. Telecommunications Amendment Regulations 2006 (No. 1)

Page 37 of 64 78. Telecommunications (Standard Form of Agreement Information) Determination 2003 79. Telecommunications (Standard Form of Agreement Information) Amendment Determination 2006 (No. 1) 80. Telecommunications (Service Provider - Identity Checks for Pre-paid Public Mobile Telecommunications Services) Determination 2000 81. Telecommunications (Service Provider - Identity Checks for Pre-paid Public Mobile Telecommunications Services) Amendment Determination 2004 (No. 1) 82. Telecommunications (Service Provider - Identity Checks for Pre-paid Public Mobile Telecommunications Services) Amendment Determination 2004 (No. 2) 83. Telecommunications (Section of Telecommunications Industry) Determination 2001 84. Telecommunications (Section of Telecommunications Industry) Determination 2003 (No. 1) 85. Telecommunications (Section of Telecommunications Industry) Determination No. 2 of 2001 86. Telecommunications (Section of the Telecommunications Industry) Determination 1998 87. Telecommunications (Section of the Telecommunications Industry) Determination 2007 88. Telecommunications (Non-refundable Code Development Costs) Determination 2006 89. Telecommunications (Performance Standards) Determination 2002 Revocation Determination 2007 90. Telecommunications (Consumer Protection and Service Standards) (Late Payment of NRS Levy) Amendment Determination 2005 (No. 1) 91. Telecommunications (Consumer Protection and Service Standards) (Late Payment of NRS Levy) Determination 2001 92. National Relay Service (Participating Persons) Determination 2005 (No. 1) 93. NRS Levy Formula Modification Determination 2005 (No. 1) 94. Telecommunications (Emergency Call Service) Determination 2009 (replaced Telecommunications (Emergency Call Service) Determination 2002) 95. Telecommunications (Emergency Call Service) Amendment Determination 2003 (No. 1) 96. Telecommunications (Emergency Call Service) Amendment Determination 2004 (No. 1) 97. Telecommunications (Emergency Call Service) Amendment Determination 2005 (No. 1) 98. Telecommunications (Emergency Call Service) Amendment Determination 2007 (No. 1) 99. Premium Service Determination 2004 (No. 1) 100.Telecommunications Service Provider (Premium Services) Determination 2004 (No. 1) 101.Telecommunications Service Provider (Premium Services) Determination 2004 (No. 2) 102.Telecommunications Service Provider (Premium Services) Amendment Determination 2004 (No. 1) 103.Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) 104.Telecommunications Service Provider (Mobile Premium Services) Amendment Determination 2006 (No. 1)

Page 38 of 64 105.Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) Amendment Determination 2007 (No. 1) 106.Telecommunications (A-Tick Mark) Determination 2000 107.Telecommunications (Approved Auditors and Auditing Requirements) Determination 2006

Cluster 6: Digital Data Service Obligation Regulations 108.Telecommunications (Consumer Protection and Service Standards) (Special Digital Data Service) Regulations 1999

CONTENT

Cluster 7: Restricted Access Control System 109.Restricted Access Systems Declaration 2007 110.Restricted Access Systems Declaration 1999 (No. 1)

Cluster 8: Broadcasting Services Definitions 111.Determination under paragraph (c) of the definition of "broadcasting service" (No. 1 of 2000) 112.Broadcasting Services Act 1992 - Determination of Class Licences (01/10/1992) 113.Broadcasting Services Clarification Notice 2001 114.Broadcasting Services Clarification Notice 2002

Cluster 9: Content Standards and Guidelines 115.Broadcasting Services (Additional Conditions - CTV Licence) Determination 2005 116.Broadcasting Services (Australian Content) Standard 2005 117.Broadcasting Services (Commercial Radio Advertising) Standard 2000 118.Broadcasting Services (Commercial Radio Compliance Program) Standard 2000 119.Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000 120.Broadcasting Services (International Broadcasting) Guidelines 2005 121.Broadcasting Services (Local Content on Regional Commercial Radio) Direction (No. 1) 2006 122.Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard (Variation) 2001 (No. 1) 123.Broadcasting Services (Hours of Local Content) Regulations 2007 124.Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 125.Broadcasting (Hours of Local Content) Declaration No. 1 of 2007 (Amendment No. 1 of 2007) 126.Broadcasting Services (Meaning of Local) Instrument 2007 127.Notice of Variation to the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000, the Broadcasting Services (Commercial Radio Advertising) Standard 2000 and the Broadcasting Services (Commercial Radio Compliance Program) Standard 2000 128.Television Program Standard 23 - Australian Content in Advertising 129.Children's Television Standards 2005 130.Children's Television Standards Variation 2005 (No. 1) 131.Children's Television Standards Variation 2005 (No. 2)

Page 39 of 64 Cluster 10: Content Licensing – Television and Datacasting 132.Broadcasting Services (Datacasting Charge) Regulations 2001 133.Television Licence Fees Regulations 1990 134.Television Licence Fees Amendment Regulations 2000 (No 1) 135.Television Licence Fees Amendment Regulations 2002 (No 1) 136.Television Licence Fees Regulations (Amendment) 137.Television Licence Fees Regulations (Amendment) 138.Television Licence Fees Regulations (Amendment)

Cluster 11: High Definition Broadcasting Reporting Regulations 139.Broadcasting Services (Digital Television Standards) Regulations 2000 140.Broadcasting Services (Digital Television Format Standards) Repeal Regulations 2007 141.Broadcasting Services (Digital Television Standards) Amendment Regulations 2002 (No. 1) 142.Broadcasting Services (Digital Television Standards) Amendment Regulations 2003 (No. 1) 143.Broadcasting Services (Digital Television Standards) Amendment Regulations 2003 (No. 2) 144.Broadcasting Services (Digital Television Standards) Amendment Regulations 2007 (No. 1) 145.Broadcasting Services (HDTV Demonstration Programs) Determination 2005

Cluster 12: Spam Regulations 146.Spam Regulations 2004

SPECTRUM MANAGEMENT

Cluster 13: Licence Area Plans 147.Australian Communications and Media Authority (Commercial Radio Broadcasting Services) Direction (No. 1) 2007 148.Notice of Reservation of Capacity for National Radio Broadcasting Services (No. 1) 2005 149.Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2007 150.Notice of Reservation of Capacity for Community Broadcasting Television Services (No. 1 of 1999) 151.Licence Area Plan - Mildura/Sunraysia Television and Radio - July 1995 152.Licence Area Plan - Griffith and the Murrumbidgee Irrigation Area Television - August 1995 153.Licence Area Plan - Darwin and Katherine Television and Radio - October 1995 154.Licence Area Plan - Spencer Gulf (Television) - February 1996 155.Licence Area Plan - Mount Gambier/South East (Television) - April 1996 156.Licence Area Plan - Port Hedland (Radio) - June 1996 157.Licence Area Plan - Karratha (Radio) - June 1996 158.Licence Area Plan - Carnarvon (Radio) - June 1996 159.Community and Open Narrowcasting Radio Licence Area Plan - Ceduna (Radio) - July 1996 160.Licence Area Plan - Mandurah (Radio) - July 1996 161.Community and Open Narrowcasting Radio Licence Area Plan - Torres Strait (Radio) - July 1996

Page 40 of 64 162.Licence Area Plan - Riverland (Television and Radio) - August 1996 163.Community and Open Narrowcasting Radio Licence Area Plan - Woomera (Radio) - August 1996 164.Community Radio Licence Area Plan - Murrayville (Radio) - August 1996 165.Licence Area Plan - Roma (Radio) - August 1996 166.Community and Open Narrowcasting Radio Licence Area Plan - Nhulunbuy (Radio) - August 1996 167.Community Radio Licence Area Plan - Kangaroo Island (Radio) - August 1996 168.Community Radio Licence Area Plan - Lord Howe Island (Radio) - August 1996 169.Community Radio Licence Area Plan - Bordertown (Radio) - August 1996 170.Licence Area Plan - Charleville (Radio) - August 1996 171.Licence Area Plan - Longreach (Radio) - August 1996 172.Licence Area Plan - Northam (Radio) - August 1996 173.Licence Area Plan - Remote Western Australia (Radio) - August 1996 174.Licence Area Plan - Geraldton (Radio) - September 1996 175.Licence Area Plan - Mount Isa (Radio) - September 1996 176.Licence Area Plan - Alice Springs (Radio) - September 1996 177.Licence Area Plan - Kalgoorlie (Radio) - September 1996 178.Licence Area Plan - Esperance (Radio) - September 1996 179.Licence Area Plan - Merredin (Radio) - September 1996 180.Licence Area Plan - Katanning (Radio) - October 1996 181.Licence Area Plan - Narrogin (Radio) - October 1996 182.Licence Area Plan - Remote Central and Eastern Australia (Radio) - October 1996 183.Licence Area Plan - Albany (Radio) - October 1996 184.Licence Area Plan - Bridgetown (Radio) - October 1996 185.Licence Area Plan - Bunbury (Radio) - November 1996 186.Community and Open Narrowcasting Radio Licence Area Plan - Bourke (Radio) - December 1996 187.Community Radio Licence Area Plan - Tenterfield (Radio) - December 1996 188.Licence Area Plan - Remote Central & Eastern Australia Television - December 1996 189.Licence Area Plan - Perth Television - February 1997 190.Licence Area Plan - Remote and Regional Western Australia (Television) - February 1997 191.Licence Area Plan - Lithgow (Radio) - May 1997 192.Licence Area Plan - Parkes (Radio) - May 1997 193.Licence Area Plan - Bathurst (Radio) - May 1997 194.Licence Area Plan - Central Tablelands (Radio) - June 1997 195.Licence Area Plan - Central Western Slopes (Radio) - June 1997 196.Licence Area Plan - Swan Hill (Radio) - June 1997 197.Licence Area Plan - Mudgee (Radio) - June 1997 198.Licence Area Plan - Ballarat (Radio) - August 1997 199.Licence Area Plan - Bendigo (Radio) - August 1997 200.Licence Area Plan - Shepparton (Radio) - September 1997 201.Licence Area Plan - Wangaratta (Radio) - September 1997 202.Licence Area Plan - Deniliquin (Radio) - September 1997 203.Licence Area Plan - Albury (Radio) - September 1997 204.Licence Area Plan - Cairns (Radio) - October 1997 205.Licence Area Plan - Charters Towers (Radio) - October 1997 206.Licence Area Plan - Townsville (Radio) - October 1997

Page 41 of 64 207.Licence Area Plan - Mackay (Radio) - October 1997 208.Licence Area Plan - Innisfail (Radio) - November 1997 209.Licence Area Plan - Atherton (Radio) - November 1997 210.Licence Area Plan - Bundaberg (Radio) - February 1998 211.Licence Area Plan - Maryborough (Radio) - February 1998 212.Licence Area Plan - Emerald (Radio) - March 1998 213.Licence Area Plan - Rockhampton - Gladstone (Radio) - March 1998 214.Commercial Broadcasting Licence Allocation Determination No. 1 of 1998 215.Licence Area Plan - Inverell (Radio) - June 1998 216.Licence Area Plan - Moree (Radio) - July 1998 217.Licence Area Plan - Gunnedah (Radio) - July 1998 218.Licence Area Plan - Armidale (Radio) - August 1998 219.Licence Area Plan - Tamworth (Radio) - August 1998 220.Licence Area Plan - Grafton (Radio) - August 1998 221.Licence Area Plan - Kingaroy (Radio) - October 1998 222.Licence Area Plan - Newcastle (Radio) - October 1998 223.Licence Area Plan - Muswellbrook (Radio) - October 1998 224.Licence Area Plan - Taree (Radio) - October 1998 225.Licence Area Plan - Coffs Harbour (Radio) - October 1998 226.Licence Area Plan - Kempsey (Radio) - October 1998 227.Licence Area Plan - Toowoomba/Warwick (Radio) - November 1998 228.Licence Area Plan - Bega (Radio) - June 1999 229.Licence Area Plan - Canberra (Radio) - June 1999 230.Licence Area Plan - Goulburn (Radio) - June 1999 231.Licence Area Plan - Wollongong (Radio) - July 1999 232.Licence Area Plan - Cooma Area (Radio) - July 1999 233.Licence Area Plan - Nowra (Radio) - August 1999 234.Licence Area Plan - Sydney Radio - December 1999 235.Licence Area Plan - Katoomba Radio - December 1999 236.Licence Area Plan - Geelong Radio - June 2000 237.Licence Area Plan - Colac Radio - June 2000 238.Licence Area Plan - Melbourne Radio - June 2000 239.Licence Area Plan - Gosford Radio - August 2000 240.Licence Area Plan - Gold Coast Radio - December 2000 241.Licence Area Plan - Nambour Radio - December 2000 242.Licence Area Plan - Brisbane Radio - December 2000 243.Licence Area Plan - Ipswich Radio - December 2000 244.Licence Area Plan - Lismore Radio - December 2000 245.Licence Area Plan - Gympie Radio - December 2000 246.Licence Area Plan - Murwillumbah Radio - December 2000 247.Licence Area Plan - Adelaide Radio - September 2001 248.Licence Area Plan - Perth Radio - October 2001 249.Licence Area Plan - Sale Radio - December 2001 250.Licence Area Plan - Wagga Wagga Radio - December 2001 251.Licence Area Plan - Young Radio - December 2001 252.Licence Area Plan - Murray Bridge Radio - December 2001 253.Licence Area Plan - Griffith Radio - December 2001 254.Licence Area Plan - Port Lincoln Radio - December 2001 255.Licence Area Plan - Mount Gambier Radio - December 2001 256.Licence Area Plan - Warragul Radio - December 2001

Page 42 of 64 257.Licence Area Plan - Spencer Gulf North Radio - December 2001 258.Licence Area Plan - Horsham Radio - December 2001 259.Licence Area Plan - Warrnambool Radio - December 2001 260.Licence Area Plan - Hamilton Radio - December 2001 261.Licence Area Plan - Queenstown Radio - December 2001 262.Licence Area Plan - Launceston Radio - December 2001 263.Licence Area Plan - Burnie Radio - December 2001 264.Licence Area Plan - Devonport Radio - December 2001 265.Licence Area Plan - Scottsdale Radio - December 2001 266.Licence Area Plan - Hobart Radio - December 2001 267.Licence Area Plan - Tasmania Television - July 2002 268.Licence Area Plan - Sydney Analog Television - November 2002 269.Licence Area Plan - Adelaide Analog Television - November 2002 270.Licence Area Plan - Melbourne Analog Television - November 2002 271.Licence Area Plan - Brisbane Analog Television - November 2002 272.Licence Area Plan - Victorian Community Radio - December 2002 273.Licence Area Plan - Northern NSW Analog Television - August 2003 274.Licence Area Plan - Regional Queensland Analog Television - August 2003 275.Licence Area Plan - Southern NSW Analog Television - October 2003 276.Licence Area Plan - Regional Victoria Analog Television - October 2003 277.Licence Area Plan - Coober Pedy Community Radio - February 2004 278.Licence Area Plan - Roxby Downs Community Radio - February 2004 279.Licence Area Plan - Oatlands (Radio) - November 2005 280.Licence Area Plan - Arnhem Land (Radio) - January 2006 281.Licence Area Plan - NSW Community Radio - No 1 of 2006 282.Licence Area Plan - Mildura/Sunraysia Television and Radio - Variation - July 1997 283.Licence Area Plan - Ballarat (Radio) - Variation - September 1997 284.Licence Area Plan - Swan Hill (Radio) - Variation - September 1997 285.Licence Area Plan - Remote and Regional Western Austalia (Television) - Variation - September 1997 286.Licence Area Plan - Atherton (Radio) - Variation - March 1998 287.Community and Open Narrowcasting Radio Licence Area Plan - Ceduna (Radio) - Variation - April 1998 288.Licence Area Plan - Katanning (Radio) - Variation - June 1998 289.Licence Area Plan - Narrogin (Radio) - Variation - June 1998 290.Licence Area Plan - Cairns (Radio) - Variation - October 1998 291.Licence Area Plan - Innisfail (Radio) - Variation - October 1998 292.Licence Area Plan - Emerald (Radio) - Variation - November 1998 293.Community Radio Licence Area Plan - Tenterfield (Radio) - Variation - November 1998 294.Licence Area Plan - Remote and Regional Western Australia (Television) - Variation - November 1998 295.Licence Area Plan - Remote Central and Eastern Australia (Radio) - Variation - November 1998 296.Licence Area Plan - Taree (Radio) - Variation - December 1998 297.Licence Area Plan - Remote Central & Eastern Australia Television - Variation - December 1998 298.Licence Area Plan - Bendigo (Radio) - Variation - October 1999 299.Community and Open Narrowcasting Radio Licence Area Plan - Bourke (Radio) - Variation - October 2004

Page 43 of 64 300.Licence Area Plan - Lithgow (Radio) - Variation - December 1999 301.Licence Area Plan - Remote and Regional Western Australia (Television) - Variation - July 2000 302.Licence Area Plan - Remote Central and Eastern Australia (Radio) - Variation - December 2000 303.Licence Area Plan - Remote Central & Eastern Australia Television - Variation - March 2001 304.Licence Area Plan - Shepparton (Radio) - Variation - April 2001 305.Licence Area Plan - Bridgetown (Radio) - Variation - May 2001 306.Licence Area Plan - Melbourne Radio - Variation - July 2001 307.Licence Area Plan - Townsville (Radio) - Variation - August 2001 308.Licence Area Plan - Maryborough (Radio) - Variation - August 2001 309.Licence Area Plan - Melbourne Radio - Variation - October 2001 310.Licence Area Plan - Carnarvon (Radio) - Variation - October 2001 311.Licence Area Plan - Remote Western Australia (Radio) - Variation - October 2001 312.Licence Area Plan - Nambour Radio - Variation - November 2001 313.Licence Area Plan - Gympie Radio - Variation - November 2001 314.Licence Area Plan - Remote Central and Eastern Australia (Radio) - Variation - November 2001 315.Community Radio Licence Area Plan - Bordertown (Radio) - Variation - December 2001 316.Licence Area Plan - Mount Gambier/South East (Television) - Variation - December 2001 317.Licence Area Plan - Spencer Gulf (Television) - Variation - March 2002 318.Licence Area Plan - Broken Hill (Television and Radio) - Variation - March 2002 319.Licence Area Plan - Sydney Radio - Variation - March 2002 320.Licence Area Plan - Adelaide Radio - Variation - September 2002 321.Licence Area Plan - Emerald (Radio) - Variation - September 2002 322.Licence Area Plan - Perth Radio - Variation - September 2002 323.Licence Area Plan - Mildura/Sunraysia Television and Radio - Variation - October 2002 324.Licence Area Plan - Perth Radio - Variation - October 2002 325.Licence Area Plan - Parkes (Radio) - Variation - October 2002 326.Licence Area Plan - Mount Gambier Radio - Variation - November 2002 327.Licence Area Plan - Melbourne Radio - Variation - December 2002 328.Licence Area Plan – Gold Coast Radio – Variation - February 2003 329.Licence Area Plan - Adelaide Radio - Variation - March 2003 330.Licence Area Plan – Hobart Radio - Variation - March 2003 331.Licence Area Plan - Emerald (Radio) - Variation - April 2003 332.Licence Area Plan - Port Hedland (Radio) - Variation - May 2003 333.Licence Area Plan - Karratha (Radio) - Variation - May 2003 334.Licence Area Plan - Remote Western Australia (Radio) - Variation - May 2003 335.Licence Area Plan - Spencer Gulf North Radio - Variation - July 2003 336.Licence Area Plan – Innisfail (Radio) – Variation - July 2003 337.Licence Area Plan - Hamilton Radio - Variation - August 2003 338.Licence Area Plan - Cooma Area (Radio) - Variation - November 2003 339.Licence Area Plan - Canberra (Radio) - Variation - November 2003 340.Licence Area Plan - Mount Gambier Radio - Variation - November 2003 341.Licence Area Plan - Gosford Radio - Variation - November 2003 342.Licence Area Plan - Wollongong (Radio) - Variation - November 2003

Page 44 of 64 343.Licence Area Plan - Taree (Radio) - Variation - November 2003 344.Licence Area Plan - Remote Central and Eastern Australia (Radio) - Variation - December 2003 345.Licence Area Plan – Young Radio - Variation – February 2004 346.Licence Area Plan - Charleville (Radio) - Variation - February 2004 347.Licence Area Plan - Goulburn (Radio) - Variation - February 2004 348.Licence Area Plan - Remote Western Australia (Radio) - Variation - March 2004 349.Licence Area Plan - Kingaroy (Radio) - Variation - April 2004 350.Licence Area Plan - Melbourne Radio - Variation - April 2004 351.Licence Area Plan - Burnie Radio - Variation - April 2004 352.Licence Area Plan - Warrnambool Radio (Vic) - Variation - April 2004 353.Licence Area Plan - Lismore Radio - Variation - May 2004 354.Licence Area Plan - Spencer Gulf (Television) - Variation - May 2004 355.Licence Area Plan - Atherton (Radio) - Variation - June 2004 356.Licence Area Plan - Scottsdale Radio - Variation - June 2004 357.Licence Area Plan – Emerald (Radio) - Variation – June 2004 358.Licence Area Plan - Mackay (Radio) - Variation - June 2004 359.Licence Area Plan - Sydney Radio - Variation - July 2004 360.Licence Area Plan - Bega (Radio) - Variation - August 2004 361.Licence Area Plan - Inverell (Radio) - Variation - September 2004 362.Licence Area Plan - Remote Central & Eastern Australia Television - Variation - September 2004 363.Licence Area Plan - Cairns (Radio) - Variation - September 2004 364.Licence Area Plan - Cooma Area (Radio) - Variation - September 2004 365.Licence Area Plan - Adelaide Analog Television - Variation - October 2004 366.Licence Area Plan - Brisbane Radio - Variation - November 2004 367.Licence Area Plan - Nowra (Radio) - Variation - November 2004 368.Licence Area Plan - Remote and Regional Western Australia (Television) - Variation - December 2004 369.Licence Area Plan - Bathurst (Radio) - Variation - December 2004 370.Licence Area Plan - Warragul Radio - Variation No. 1 of 2005 371.Licence Area Plan - Bega (Radio) - Variation No. 1 of 2005 372.Licence Area Plan - Sydney Analog Television - Variation - No 1 of 2005 - February 2005 373.Licence Area Plan - Wagga Wagga Radio - Variation No. 1 of 2005 374.Licence Area Plan - Rockhampton - Gladstone (Radio) - Variation No. 1 of 2005 375.Licence Area Plan - Murwillumbah Radio - Variation No. 1 of 2005 376.Licence Area Plan - Launceston Radio - Variation No. 1 of 2005 377.Licence Area Plan - Gold Coast Radio - Variation No. 1 of 2005 378.Licence Area Plan - Newcastle (Radio) - Variation No. 1 of 2005 379.Licence Area Plan - Albury (Radio) - Variation No. 1 of 2005 380.Licence Area Plan - Brisbane Analog Television - Variation No. 1 of 2005 381.Licence Area Plan - Remote Central and Eastern Australia (Radio) - Variation No. 1 of 2005 382.Licence Area Plan - Scottsdale Radio - Variation No 1 of 2005 383.Licence Area Plan - Central Western Slopes Radio - Variation No. 1 of 2006 384.Licence Area Plan - Tasmania Television - Variation No. 1 of 2006 385.Licence Area Plan - Remote Central and Eastern Australia (Radio) - Variation No. 1 of 2006 386.Licence Area Plan - Melbourne Radio - Variation No. 1 of 2006

Page 45 of 64 387.Licence Area Plan - Wagga Wagga (Radio) - Variation No. 1 of 2006 388.Licence Area Plan - Griffith and the Murrumbidgee Irrigation Area Television - Variation No. 1 of 2006 389.Licence Area Plan - Regional Victoria Television - Variation No. 1 of 2006 390.Licence Area Plan - Perth Radio - Variation No. 1 of 2006 391.Licence Area Plan - Sydney Radio - Variation (No. 1 of 2006) 392.Licence Area Plan - Wollongong Radio - Variation No. 1 of 2006 393.Licence Area Plan - Hobart Radio - Variation No. 1 of 2007 394.Licence Area Plan - Canberra (Radio) - Variation No. 1 of 2006 395.Licence Area Plan - Broken Hill (Television and Radio) - February 1996

Cluster 14: Plans (other than Licence Area Plans) 396.VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) 397.900 MHz Band Plan 398.1.9 GHz Band Plan 399.1.5 GHz Band Plan 400.Mobile-Satellite Service (2 GHz) Frequency Band Plan 2002 401.1900-1920 MHz and 2010-2025 MHz Bands Frequency Band Plan 2004 402.2.1 GHz Band Frequency Band Plan 2002 403.VHF High Band Frequency Band Plan (148 to 174 MHz) 404.2.1 GHz Band Frequency Band Plan Variation 2002 (No. 1) 405.2.1 GHz Band Frequency Band Plan Variation 2003 (No. 1) 406.900 MHz Band Plan (Amendment) 407.900 MHz Band Plan (Variation) 408.900 MHz Band Plan Variation 1999 (No. 1) 409.VHF High Band Frequency Band Plan (148 to 174 MHz) (Amendment) 410.VHF High Band Frequency Band Plan (148 to 174 MHz) (Variation) 411.VHF High Band Frequency Band Plan (148 to 174 MHz) (Variation) 1998 412.VHF High Band Frequency Band Plan (148 to 174 MHz) Plan Variation 1999 (No. 1) 413.VHF High Band Frequency Band Plan (148 to 174 MHz) Variation 2002 (No. 1) 414.VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Amendment) 415.VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Variation) 416.VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Variation) 1998 417.VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) Plan Variation 1999 (No. 1) 418.Radiocommunications (Digital Radio Channels - NSW/ACT) Plan 2007 419.Radiocommunications (Digital Radio Channels - Queensland) Plan 2007 420.Radiocommunications (Digital Radio Channels - South Australia) Plan 2007 421.Radiocommunications (Digital Radio Channels - Tasmania) Plan 2007 422.Radiocommunications (Digital Radio Channels - Victoria) Plan 2007 423.Radiocommunications (Digital Radio Channels - Western Australia) Plan 2007

Cluster 15: Licensing - Charges and Taxes 424.Australian Communications Authority (PTS-PMTS Class B Transmitter Licences) Direction No. 1 of 2001 425.Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2) 426.Radiocommunications (Receiver Licence Tax) Amendment Determination 2005 (No. 1) 427.Radiocommunications (Receiver Licence Tax) Amendment Determination 2006 (No. 1)

Page 46 of 64 428.Radiocommunications (Receiver Licence Tax) Amendment Determination 2007 (No. 1) 429.Radiocommunications (Receiver Licence Tax) Amendment Determination 2007 (No. 2) 430.Radiocommunications (Spectrum Licence Tax) Determination 1999 431.Radiocommunications (Spectrum Licence Tax) Amendment Determination 2000 (No. 1) 432.Radiocommunications (Spectrum Licence Tax) Amendment Determination 2004 (No. 1) 433.Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2) 434.Radiocommunications (Transmitter Licence Tax) Amendment Determination 2004 (No. 1) 435.Radiocommunications (Transmitter Licence Tax) Amendment Determination 2004 (No. 2) 436.Radiocommunications (Transmitter Licence Tax) Amendment Determination 2005 (No. 1) 437.Radiocommunications (Transmitter Licence Tax) Amendment Determination 2006 (No.1) 438.Radiocommunications (Transmitter Licence Tax) Amendment Determination 2006 (No. 2) 439.Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 1) 440.Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 2) 441.Radiocommunications (Transmitter Licence Tax) Amendment Determination 2007 (No. 3) 442.Radiocommunications (Charges) Determination 2007 443.Radiocommunications (Charges) Amendment Determination 2005 (No. 2) 444.Radiocommunications (Charges) Amendment Determination 2006 (No.1) 445.Radiocommunications (Charges) Amendment Determination 2007 (No. 2) 446.Radiocommunications (Charges) Amendment Determination 2007 (No. 3) 447.Radiocommunications (Charges) Amendment Determination 2004 (No. 1) 448.Radiocommunications (Charges) Amendment Determination 2005 (No. 1) 449.Radiocommunications (Charges) Amendment Determination 2004 (No. 2) 450.Radiocommunications (Spectrum Access Charge) Amendment Determination 2001 (No. 1) 451.Radiocommunications Taxes Collection Regulations 1985 452.Radiocommunications Taxes Collection (Penalties on Unpaid Tax) Determination 1999 453.Radiocommunications Taxes Collection Amendment Regulations 2007 (No. 1) 454.Radiocommunications Taxes Collection Regulations (Am) 455.Radiocommunications Taxes Collection Regulations (Am) 456.Radiocommunications Taxes Collection Regulations (Am) 457.Radiocommunications Taxes Collection Regulations (Am) 458.Radiocommunications Taxes Collection Regulations (Am) 459.Radiocommunications Taxes Collection Regulations (Am) 460.Radiocommunications Taxes Collection Regulations (Am) 461.Radiocommunications Taxes Collection Regulations (Am) 462.Radiocommunications (Spectrum Access Charge) Determination 2000 463.Datacasting Charge (Amount) Determination 2001

Page 47 of 64 464.Datacasting Charge (Due and Payable) Determination 2001 465.Datacasting Charge (Late Payment Penalty) Determination 2001

Cluster 16: Licensing - General 466.Australian Communications Authority (MF NAS Transmitter Licences) Direction No. 1 of 2003 467.Australian Communications Authority (LPON Transmitter Licences) Direction No. 2 of 2000 468.Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006 469.Radiocommunications (27 MHz Hand phone Stations) Class Licence 2002 470.Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2002 471.Radiocommunications (Certificates - 27 GHz Band) Determination (Revocation) 2005 472.Radiocommunications (Citizen Band Radio Stations) Class Licence 2002 473.Radiocommunications (Communication with AUSSAT C 156E GOV Satellite Network) Class Licence 2005 474.Radiocommunications (Communication with Space Object) Class Licence 1998 475.Radiocommunications (Communication with Space Object) Class Licence Variation 1999 (No. 1) 476.Radiocommunications (Communication with Space Object) Class Licence Variation 2003 (No. 1) 477.Radiocommunications (Data Transmission Equipment Using Spread Spectrum Modulation Techniques) Standard 2003 478.Radiocommunications (Digital Cordless Communications Devices - DECT Devices) Standard 2007 479.Radiocommunications (Digital Cordless Communications Devices - PHS Devices) Standard 2007 480.Radiocommunications (Emergency Locating Devices) Class Licence 2006 481.Radiocommunications (Infrared Devices) Class Licence (Revocation) 2007 482.Radiocommunications (Low Interference Potential Devices) Class Licence 2000 483.Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2000 (No. 1) 484.Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2001 (No. 1) 485.Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2003 (No. 1) 486.Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2005 (No. 1) 487.Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2006 (No. 1) 488.Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1) 489.Radiocommunications (Maritime Ship Station - 27 MHz and VHF) Class Licence 2001 490.Radiocommunications (Maritime Ship Station - 27 MHz and VHF) Class Licence Variation 2004 (No. 1) 491.Radiocommunications Class Licence (861-865 MHz Land Stations) Variation 2001 (No. 1)

Page 48 of 64 492.Radiocommunications (Radio-controlled Models) Class Licence 2002 493.Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997 494.Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997 495.Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997 496.Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 497.Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998 498.Radiocommunications Licence Conditions (Fixed Licence) Determination No. 1 of 1997 499.Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No. 1 of 1997 500.Radiocommunications Licence Conditions (Land Mobile Licence) Determination No. 1 of 1997 501.Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination No. 1 of 1997 502.Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 2002 503.Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2002 504.Radiocommunications Licence Conditions (MDS Licence) Determination No. 1 of 1998 505.Radiocommunications Licence Conditions (Outpost Licence) Determination No. 1 of 1997 506.Radiocommunications Licence Conditions (PTS Licence) Determination No. 1 of 1997 507.Radiocommunications Licence Conditions (Scientific Licence) Determination No. 1 of 1997 508.Radiocommunications Licence Conditions (Temporary Community Broadcasting Licence) Determination 2003 509.Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2001 (No. 1) 510.Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2006 (No. 1) 511.Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2000 (No. 1) 512.Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2000 (No. 2) 513.Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2002 (No. 1) 514.Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2003 (No. 1) 515.Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2003 (No. 2) 516.Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2004 (No. 1) 517.Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2005 (No. 1)

Page 49 of 64 518.Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997 Amendment 1999 (No. 1) 519.Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2002 (No. 1) 520.Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2003 (No. 1) 521.Radiocommunications Licence Conditions (Fixed Licence) Amendment Determination 2000 (No. 1) 522.Radiocommunications Licence Conditions (Fixed Licence) Amendment Determination 2000 (No. 2) 523.Radiocommunications Licence Conditions (Fixed Licence) Amendment Determination 2001 (No. 1) 524.Radiocommunications Licence Conditions (Fixed Licence) Amendment Determination 2005 (No. 1) 525.Radiocommunications Licence Conditions (Fixed Licence) Amendment Determination 2005 (No. 2) 526.Radiocommunications Licence Conditions (Fixed Receive Licence) Amendment Determination 2005 (No. 1) 527.Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1) 528.Radiocommunications Licence Conditions (Maritime Ship Licence) Amendment Determination 2004 (No. 1) 529.Radiocommunications Licence Conditions (Outpost Licence) Amendment Determination 2000 (No. 1) 530.Radiocommunications Licence Conditions (Outpost Licence) Amendment Determination 2002 (No. 1) 531.Radiocommunications Licence Conditions (PTS Licence) Amendment Determination 2005 (No. 1) 532.Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No. 1) 533.Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2005 (No. 2) 534.Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2007 (No. 1) 535.Radiocommunications Licence Conditions (Scientific Licence) Determination No.1 of 1997 Amendment 2000 (No.1) 536.Radiocommunications Miscellaneous Devices Class Licence Variation 2002 (No. 1) 537.Radiocommunications Miscellaneous Devices Class Licence Variation 2006 (No. 1) 538.Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005 539.Radiocommunications (Third Party Use - Spectrum Licence) Rules 2000 (No. 2) 540.Radiocommunications (Register of Radiocommunications Licences) Determination 1997 541.Radiocommunications (Transmitter and Receiver Licences) Determination 542.Radiocommunications (Transmitter and Receiver Licences) Amendment Determination 2001 (No. 1) 543.Radiocommunications (Transmitter and Receiver Licences) Amendment Determination 2004 (No. 1) 544.Radiocommunications (Transmitter and Receiver Licences) Determination (Amendment No. 1 of 1998) 545.Radiocommunications (Cordless Telecommunications Devices) Class Licence 2001

Page 50 of 64 546.Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000 547.Radiocommunications (Qualified Operators) Determination 2005 548.Radiocommunications (Qualified Operators) Amendment Determination 2002 (No. 1) 549.Radiocommunications (Qualified Operators) Determination No. 1 of 1993 (Amendment No. 2) 550.Radiocommunications (Qualified Operators) Determination No. 1 of 1993 (Amendment No. 3) 551.Radiocommunications (Qualified Operators) Determination No. 1 of 1993 (Amendment No. 4) 552.Radiocommunications (Qualified Operators) Determination No. 1 of 1993 (Amendment)

Cluster 17: Television Conversion Scheme 553.Broadcasting Services (Extension of Simulcast Period) Regulations 2007 554.Broadcasting Services Act 1992 - Determination of Remote Licence Areas (22/12/2000) 555.Commercial Television Conversion Scheme 1999 556.National Television Conversion Scheme 1999 557.Commercial Television Conversion Scheme Variation 2000 (No. 1) 558.Commercial Television Conversion Scheme Variation 2003 (No. 1) 559.Commercial Television Conversion Scheme Variation 2003 (No. 2) 560.Commercial Television Conversion Scheme Variation 2007 (No. 1) 561.National Television Conversion Scheme Variation 2000 (No. 1) 562.National Television Conversion Scheme Variation 2003 (No. 1) 563.National Television Conversion Scheme Variation 2007 (No. 1)

Cluster 18: Transmitter Registration 564.Radiocommunications (section 145(3) Certificates) Determination 2000 565.Radiocommunications (section 145(3) Certificates) Amendment Determination 2005 (No. 1)

Cluster 19: Prohibited Device Determinations 566.Radiocommunications (Prohibited Device) (Mobile Telephone Jamming Devices) Exemption Determination 2004 567.Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004 568.Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2004 569.Radiocommunications (Prohibited Devices) (AFP testing of mobile telephone jamming devices) Exemption Amendment Determination 2007 570.Declaration of Prohibited Customer Equipment Mobile Phone Booster Amplifiers for Global System for Mobiles ("GSM") and Code Division Multiple Access ("CDMA") Mobile Telecommunications Services 571.Notification that the Australian Communications Authority prohibits the operation or supply, or possession for the purpose of operation or supply, of specified devices 572.Notification that the Australian Communications Authority prohibits the operation or supply, or possession for the purpose of operation or supply, of specified devices Amendment Declaration 2006 (No. 1)

Page 51 of 64 Cluster 20: Australian and Foreign Space Objects 573.Radiocommunications (Australian Space Objects) Determination 2000 (No. 2) 574.Radiocommunications (Australian Space Objects) Amendment Determination 2001 (No. 1) 575.Radiocommunications (Australian Space Objects) Amendment Determination 2002 (No. 1) 576.Radiocommunications (Foreign Space Objects) Determination 2000 (No. 2) 577.Radiocommunications (Foreign Space Objects) Amendment Determination 2001 (No. 1) 578.Radiocommunications (Foreign Space Objects) Amendment Determination 2004 (No. 1) 579.Radiocommunications (Foreign Space Objects) Amendment Determination 2005 (No. 1) 580.Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 1) 581.Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 2) 582.Radiocommunications (Foreign Space Objects) Amendment Determination 2007 (No. 1) 583.Radiocommunications (Foreign Space Objects) Determination 2000 (No. 2) Amendment Determination 2000 (No. 1)

Cluster 21: Definitions Relating to the Radiocommunications Industry 584.Radiocommunications (Interpretation) Determination 2000 585.Radiocommunications (Interpretation) Amendment Determination 2004 (No. 2) 586.Radiocommunications (Interpretation) Amendment Determination 2005 (No. 1) 587.Radiocommunications (Interpretation) Amendment Determination 2001 (No. 1) 588.Radiocommunications (Interpretation) Amendment Determination 2001 (No. 2) 589.Radiocommunications (Interpretation) Amendment Determination 2001 (No. 4) 590.Radiocommunications (Interpretation) Amendment Determination 2002 (No. 1) 591.Radiocommunications (Interpretation) Amendment Determination 2004 (No. 1) 592.Radiocommunications (Interpretation) Amendment Determination 2004 (No. 3) 593.Radiocommunications (Interpretation) Amendment Determination 2007 (No. 1) 594.Radiocommunications (Interpretation) Amendment Determination 2005 (No. 2) 595.Radiocommunications (Interpretation) Amendment Determination 2005 (No. 3) 596.Radiocommunications (Interpretation) Amendment Determination 2007 (No. 2) 597.Radiocommunications (Interpretation) Amendment Determination 2000 (No. 1) 598.Radiocommunications (Interpretation) Amendment Determination 2001 (No. 3) 599.Radiocommunications (Interpretation) Amendment Determination 2002 (No. 2) 600.Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2) 601.Radiocommunications (Radiocommunications Receivers) Amendment Determination 2004 (No. 1) 602.Radiocommunications (Domestic Digital Television Receiver - Characteristic) Determination 2007

Page 52 of 64 TECHNICAL STANDARDS

Cluster 22: Cabling Providers Rules 603.Telecommunications Cabling Provider Rules 2000 604.Telecommunications Cabling Provider Amendment Rules 2001 (No. 1) 605.Telecommunications Cabling Provider Amendment Rules 2001 (No. 2) 606.Telecommunications Cabling Provider Amendment Rules 2002 (No. 1) 607.Telecommunications Cabling Provider Amendment Rules 2005 (No. 1) 608.Telecommunications (Types of Cabling Work) Declaration 1997 609.Telecommunications (Types of Cabling Work) Amendment Declaration 2002 (No. 1) 610.Telecommunications (Types of Cabling Work) Amendment Declaration 2003 (No. 1) 611.Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1) 612.Telecommunications (Types of Cabling) Amendment Declaration 2000 (No. 1) 613.Accreditation Procedures for Cabling Provider Registrars

Cluster 23: Carriers’ Land Entry Powers 614.Telecommunications Code of Practice 1997 615.Telecommunications Code of Practice 1997 (Amendment No. 1 of 2002) 616.Telecommunications (Environmental Impact Information) Repeal Regulations 2001 617.Telecommunications (Low-impact Facilities) Determination 1997 618.Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 1999) 619.Submarine Cable (Northern Sydney Protection Zone) Declaration 2007 620.Submarine Cable (Perth Protection Zone) Declaration 2007 621.Submarine Cable (Southern Sydney Protection Zone) Declaration 2007

Cluster 24: Customer Equipment and Customer Cabling Labelling 622.Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 623.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2001 (No. 1) 624.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2001 (No. 2) 625.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2001 (No. 3) 626.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2002 (No. 1) 627.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2002 (No. 2) 628.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2002 (No. 3) 629.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2003 (No. 1) 630.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2003 (No. 2) 631.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2004 (No. 1)

Page 53 of 64 632.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2005 (No. 1) 633.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No. 1) 634.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No. 2) 635.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No. 3) 636.Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2007 (No. 1) 637.Telecommunications (Equipment for the Disabled) Regulations 1998 638.Telecommunications Disability Standard (Requirements for Customer Equipment for use with the Standard Telephone Service - Features for special needs of persons with disabilities - AS/ACIF S040) 2002 639.Telecommunications Technical Standard (Analogue interworking and non- interference requirements for Customer Equipment for connection to the Public Switched Telephone Network - AS/ACIF S002) 2001 640.Telecommunications (Requirements for Authorised Cabling Products AS/ACIF S008:2001) Amendment Technical Standard 2002 (No. 1) 641.Telecommunications (Requirements for Authorised Cabling Products AS/ACIF S008:2001) Technical Standard 2001 642.Telecommunications Technical Standard (Analogue interworking and non- interference requirements for Customer Equipment for connection to the Public Switched Telephone Network - AS/ACIF S002) Amendment 2002 (No. 1) 643.Telecommunications Technical Standard (Analogue interworking and non- interference requirements for Customer Equipment for connection to the Public Switched Telephone Network - AS/ACIF S002) Amendment 2004 (No. 1) 644.Telecommunications Technical Standard (Analogue interworking and non- interference requirements for Customer Equipment for connection to the Public Switched Telephone Network - AS/ACIF S002) Amendment 2004 (No. 2) 645.Telecommunications Technical Standard (Analogue Interworking and non- interference requirements for Customer Equipment for connection to the Public Switched Telephone Network - AS/ACIF S002:2005) 2005 646.Telecommunications Technical Standard (Broadcaster Interface Standard - ACA TS 024 - 1997) 647.Telecommunications Technical Standard (CDMA Customer Equipment - AS/ACIF S042) Amendment 2003 (No. 1) 648.Telecommunications Technical Standard (Customer Access Equipment for Connection to a Telecommunications Network - AS/ACIF S003:2005) 2005 649.Telecommunications Technical Standard (Customer Access Equipment for connection to a Telecommunications Network AS/ACIF S003:2006) 2006 650.Telecommunications Technical Standard (Customer Equipment and Customer Cabling) - ACA TS 102-1998 651.Telecommunications Technical Standard (Customer Equipment and Customer Cabling) - ACA TS 102-1998 Amendment Standard 2001 (No. 1) 652.Telecommunications Technical Standard (Customer Equipment for use with CT2 CA1 Cordless Telecommunications Systems - ACA TS 019 - 1997) 653.Telecommunications Technical Standard (Customer Switching, Multiplexing and Ancillary Equipment for Connection to a Telecommunications Network - AS/ACIF S003) 2001

Page 54 of 64 654.Telecommunications Technical Standard (Customer Switching, Multiplexing and Ancillary Equipment for Connection to a Telecommunications Network - AS/ACIF S003) Amendment 2003 (No. 1) 655.Telecommunications Technical Standard (General Requirements for Analogue Video Customer Equipment Connected to a Telecommunications Network - ACA TS 015 - 1997) 656.Telecommunications Technical Standard (General Requirements for Customer Equipment Connected to an ISDN Primary Rate Interface - ACA TS 014 - 1997) 657.Telecommunications Technical Standard (General Requirements for Customer Equipment Connected to the Telex Network - ACA TS 007 - 1997) 658.Telecommunications Technical Standard (GSM Customer Equipment - ACA TS 018 - 1997) 659.Telecommunications Technical Standard (Information Technology Equipment - Safety, Part 1: General requirements - AS/NZS 60950.1:2003) 2005 660.Telecommunications Technical Standard (Line Isolation Devices - ACA TS 025 - 1997) 661.Telecommunications Technical Standard (Mobile Station for AMPS Analogue Cellular Mobile Telecommunications System - ACA TS 005 - 1997) 662.Telecommunications Technical Standard (MobileSat Terminal Compatibility Requirements for System Access - ACA TS 022 - 1997) 663.Telecommunications Technical Standard (Personal Handy Phone System - ACA TS 034 - 1997) 664.Telecommunications Technical Standard (Personal Handy Phone System - ACA TS 034 - 1997) Amendment 2001 (No. 1) 665.Telecommunications Technical Standard (Personal Handy Phone System - ACA TS 034 - 1997) Amendment 2001 (No. 1) Amendment 2004 (No. 1) 666.Telecommunications Technical Standard (Radio Equipment and Systems for DECT - ACA TS 028 - 1997) 667.Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network - Part 1: General - AS/ACIF S042.1:2006) 2006 668.Telecommunications Technical Standard (Requirements for connection to an air interface of a telecommunications network - Part 1: General AS/ACIF S042.1:1999) 2006 669.Telecommunications Technical Standard (Requirements for connection to an air interface of a telecommunications network - Part 2: CDMA (IS-95) AS/ACIF S042.2:1999) 2006 670.Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network - Part 3: GSM Customer Equipment - AS/ACIF S042.3:2005) 2005 671.Telecommunications Technical Standard (Requirements for customer cabling products AS/ACIF S008:2006) 2006 672.Telecommunications Technical Standard (Requirements for Customer Equipment for connection to a metallic local loop interface of a Telecommunications Network - Part 1: General - AS/ACIF S043.1:2003) 2003 673.Telecommunications Technical Standard (Requirements for Customer Equipment for connection to a metallic local loop interface of a Telecommunications Network - Part 2: Broadband - AS/ACIF S043.2:2003) 2003 674.Telecommunications Technical Standard (Requirements for Customer Equipment for Connection to a metallic local loop interface of a Telecommunications Network -

Page 55 of 64 Part 2: Broadband - AS/ACIF S043.2:2005) 2005 675.Telecommunications Technical Standard (Requirements for Customer Equipment for connection to a metallic local loop interface of a Telecommunications Network - Part 2: Broadband - AS/ACIF S043.2:2006) 2006 676.Telecommunications Technical Standard (Requirements for Customer Equipment for connection to a metallic local loop interface of a Telecommunications Network - Part 3: DC, low frequency AC and voiceband - AS/ACIF S043.3:2001) 2003 677.Telecommunications Technical Standard (Requirements for Customer Equipment with hierarchical digital interfaces - AS/ACIF S016) 2002 678.Telecommunications Technical Standard (Requirements for Customer Equipment, operating in the voiceband, for connection to the non-switched Telecommunications Network - AS/ACIF S006) 2001 679.Telecommunications Technical Standard (Requirements for Customer Equipment, operating in the voiceband, for connection to the non-switched Telecommunications Network - AS/ACIF S006) Amendment 2003 (No. 1) 680.Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network - AS/ACIF S041:2005) 2005 681.Telecommunications Technical Standard (Requirements for ISDN Basic Access Interface - AS/ACIF S031) 2001 682.Telecommunications Technical Standard (Requirements for ISDN Basic Access Interface - AS/ACIF S031) Amendment 2003 (No. 1) 683.Telecommunications Technical Standard (Requirements for ISDN Primary Rate Access Interface - AS/ACIF S038) 2001 684.Telecommunications Technical Standard (Requirements for ISDN Primary Rate Access Interface - AS/ACIF S038) Amendment 2003 (No. 1) 685.Telecommunications Technical Standard (Safety of Information Technology Equipment - AS/NZS 60950:2000 (Incorporating Amendment No. 1)) 2005 686.Telecommunications Technical Standard (Safety of Information Technology Equipment - AS/NZS 60950:2000) 2003 687.Telecommunications Technical Standard (Surge Protective Devices for Telecommunication Applications - AS/NZS 4117:1999) 2003 688.Telecommunications Technical Standard (Voice Frequency Performance Requirements for Customer Equipment - AS/ACIF S004) 2001 689.Telecommunications Technical Standard (Voice Frequency Performance Requirements for Customer Equipment - AS/ACIF S004) 2004 690.Telecommunications Technical Standard (Voice Frequency Performance Requirements for Customer Equipment - AS/ACIF S004) Amendment 2003 (No. 1) 691.Telecommunications Technical Standard (Voice frequency performance requirements for Customer Equipment AS/ACIF S004:2006) 2006

Cluster 25: International Conventions 692.Telecommunications (International Conventions) Notification No. 1 of 1997 693.Telecommunications (Compliance with International Conventions) Declaration No. 1 of 1997

Cluster 26: Miscellaneous - Broadcasting 694.Broadcasting Services (Digital Television Format - Audio Component - Transmissions in SDTV Digital Mode) Technical Standard 2007 695.Broadcasting Services (Technical Planning) Guidelines 2007

Page 56 of 64 696.Radiocommunications (Accreditation - Prescribed Certificates) Principles 2003 697.Radiocommunications (Accreditation - Prescribed Certificates) Amendment Principles 2005 (No. 1) 698.Radiocommunications (Electromagnetic Radiation - Human Exposure) Standard 2003 699.Radiocommunications (Electromagnetic Radiation - Human Exposure) Amendment Standard 2007 (No.1) 700.Radiocommunications (Compliance Labelling - Electromagnetic Radiation) Notice 2003 701.Radiocommunications (Compliance Labelling - Electromagnetic Radiation) Amendment Notice 2006 (No. 1) 702.Radiocommunications (C-Tick Mark) Determination 1998 703.Radiocommunications (Frequency Assignment Certificates) Determination 2003

Cluster 27: Numbering Plan 704.Telecommunications Numbering Plan 1997 705.Telecommunications Numbering Amendment Plan 1998 706.Telecommunications Numbering Plan (Minor Variation) Declaration 2006 707.Telecommunications Numbering Plan Number Declaration 2004 708.Telecommunications Numbering Plan Number Declaration 2000 709.Telecommunications Numbering Plan Amendment 1998 (No. 2) 710.Telecommunications Numbering Plan Amendment 1999 (No. 1) 711.Telecommunications Numbering Plan Amendment 1999 (No. 2) 712.Telecommunications Numbering Plan Amendment 1999 (No. 3) 713.Telecommunications Numbering Plan Amendment 2000 (No. 1) 714.Telecommunications Numbering Plan Amendment 2000 (No. 3) 715.Telecommunications Numbering Plan Amendment 2000 (No. 4) 716.Telecommunications Numbering Plan Amendment 2000 (No. 5) 717.Telecommunications Numbering Plan Amendment 2000 (No. 6) 718.Telecommunications Numbering Plan Amendment 2000 (No. 7) 719.Telecommunications Numbering Plan Amendment 2001 (No. 1) 720.Telecommunications Numbering Plan Amendment 2001 (No. 2) 721.Telecommunications Numbering Plan Amendment 2001 (No. 3) 722.Telecommunications Numbering Plan Amendment 2001 (No. 4) 723.Telecommunications Numbering Plan Amendment 2001 (No. 5) 724.Telecommunications Numbering Plan Amendment 2001 (No. 6) 725.Telecommunications Numbering Plan Amendment 2002 (No. 1) 726.Telecommunications Numbering Plan Amendment 2002 (No. 2) 727.Telecommunications Numbering Plan Amendment 2002 (No. 3) 728.Telecommunications Numbering Plan Number Declaration Amendment Declaration 2000 (No. 1) 729.Telecommunications Numbering Plan Number Declaration Amendment Declaration 2001 (No. 1) 730.Telecommunications Numbering Plan Number Declaration Amendment Declaration 2002 (No. 1) 731.Telecommunications Numbering Plan Number Declaration Amendment Declaration 2002 (No. 2) 732.Telecommunications Numbering Plan Number Declaration Amendment Declaration 2002 (No. 3) 733.Telecommunications Numbering Plan Number Declaration Amendment Declaration

Page 57 of 64 2004 (No. 1) 734.Telecommunications Numbering Plan Number Declaration Amendment Declaration 2004 (No. 2) 735.Telecommunications Numbering Plan Variation 2003 (No. 1) 736.Telecommunications Numbering Plan Variation 2003 (No. 2) 737.Telecommunications Numbering Plan Variation 2003 (No. 3) 738.Telecommunications Numbering Plan Variation 2003 (No. 4) 739.Telecommunications Numbering Plan Variation 2003 (No. 5) 740.Telecommunications Numbering Plan Variation 2004 (No. 1) 741.Telecommunications Numbering Plan Variation 2004 (No. 2) 742.Telecommunications Numbering Plan Variation 2004 (No. 3) 743.Telecommunications Numbering Plan Variation 2004 (No. 4) 744.Telecommunications Numbering Plan Variation 2004 (No. 5) 745.Telecommunications Numbering Plan Variation 2004 (No. 6) 746.Telecommunications Numbering Plan Variation 2004 (No. 7) 747.Telecommunications Numbering Plan Variation 2004 (No. 8) 748.Telecommunications Numbering Plan Variation 2004 (No. 9) 749.Telecommunications Numbering Plan Variation 2005 (No. 1) 750.Telecommunications Numbering Plan Variation 2005 (No. 2) 751.Telecommunications Numbering Plan Variation 2005 (No. 3) 752.Telecommunications Numbering Plan Variation 2005 (No. 4) 753.Telecommunications Numbering Plan Variation 2006 (No. 1) 754.Telecommunications Numbering Plan Variation 2006 (No. 2) 755.Telecommunications Numbering Plan Variation 2006 (No. 3) 756.Telecommunications Numbering Plan Variation 2006 (No. 4) 757.Telecommunications Numbering Plan Variation 2007 (No. 1) 758.Telecommunications Numbering Plan Variation 2007 (No. 2) 759.Telecommunications Numbering Plan Variation 2007 (No. 3) 760.Telecommunications Numbering Plan Variation 2007 (No. 4) 761.Telecommunications Numbering Plan Variation 2007 (No. 5) 762.Telecommunications (Minor Variation to Numbering Plan) Declaration 2005

Cluster 28: Charges 763.Telecommunications (Annual Charge) Determination 2007 (No. 2) 764.Telecommunications (Annual Numbering Charge - Late Payment Penalty) Determination 2000 765.Telecommunications (Annual Numbering Charge - Late Payment Penalty) Amendment Determination 2005 (No. 1) 766.Telecommunications (Date of Imposition of Charge) Determination 2005 767.Telecommunications (Date of Imposition of Charge) Determination 2006 768.Telecommunications (Date of Imposition of Charge) Determination 2007 769.Telecommunications (Facility Installation Permit - Application Charge) Determination 2007 770.Telecommunications (Facility Installation Permit - Public Inquiry Charges) Determination 2007

Cluster 29: Radiocommunications Regulations 771.Radiocommunications Regulations 1993 772.Radiocommunications Amendment Regulations 2000 (No. 2) 773.Radiocommunications Regulations (Am)

Page 58 of 64 774.Radiocommunications Regulations (Am) 775.Radiocommunications Regulations (Am) 776.Radiocommunications Regulations (Am) 777.Radiocommunications Regulations (Am) 778.Radiocommunications Amendment Regulations 1998 (No. 1) 779.Radiocommunications Amendment Regulations 1999 (No. 1) 780.Radiocommunications Amendment Regulations 2000 (No. 1) 781.Radiocommunications Amendment Regulations 2003 (No. 1) 782.Radiocommunications Amendment Regulations 2005 (No. 1) 783.Notice Declaring the Minimum Age for the Issue of a Certificate of Proficiency

Cluster 30: Radiocommunications Technical Equipment Standards 784.Radiocommunications Devices (Compliance Labelling) Notice 2003 785.Radiocommunications Devices (Compliance Labelling) Amendment Notice 2004 (No. 1) 786.Radiocommunications Devices (Compliance Labelling) Amendment Notice 2005 (No. 1) 787.Radiocommunications Devices (Compliance Labelling) Amendment Notice 2007 (No. 1) 788.Radiocommunications (Accreditation Body) Determination 1998 789.Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2005 790.Radiocommunications (Analogue Speech (Angle Modulated) Equipment) Standard 2005 791.Radiocommunications (MF and HF equipment - Land Mobile Service) Standard 2003 792.Radiocommunications (MF and HF Radiotelephone Equipment-International Maritime Mobile Service) Standard 2002 793.Radiocommunications (Paging Service Equipment) Standard 2002 794.Radiocommunications (Short Range Devices) Standard 2004 795.Radiocommunications (UHF CB Radio Equipment) Standard 2004 796.Radiocommunications (VHF Radiotelephone Equipment - Maritime Mobile Service) Standard 2004 797.Radiocommunications Amendment Standard 2000 (No. 2) 798.Radiocommunications Amendment Standard 2005 (No. 1) 799.Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment - Aeronautical Radio Service) Standard 2002 800.Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003

Cluster 31: Radiocommunications Technical Standards 801.Radiocommunications (Unacceptable Levels of Interference - 1800 MHz Band) Determination 1999 802.Radiocommunications (Unacceptable Levels of Interference - 1800 MHz Band) Determination 1999 Amendment 1999 (No. 1) 803.Radiocommunications (Unacceptable Levels of Interference-1800 MHz Band) Amendment Determination 2002 (No. 1) 804.Radiocommunications (Unacceptable Levels of Interference - 2 GHz Band) Determination 2000 805.Radiocommunications (Unacceptable Levels of Interference - 2 GHz Band) Amendment Determination 2002 (No. 1)

Page 59 of 64 806.Radiocommunications (Unacceptable Levels of Interference - 2010-2025 MHz Band) Determination 2006 807.Radiocommunications (Unacceptable Levels of Interference - 27 GHz Band) Determination 2000 808.Radiocommunications (Unacceptable Levels of Interference - 27 GHz Band) Amendment Determination 2002 (No. 1) 809.Radiocommunications (Unacceptable Levels of Interference - 28 GHz and 31 GHz Bands) Determination 1998 810.Radiocommunications (Unacceptable Levels of Interference - 3.4 GHz Band) Determination 2000 811.Radiocommunications (Unacceptable Levels of Interference - 3.4 GHz Band) Amendment Determination 2002 (No. 1) 812.Radiocommunications (Unacceptable Levels of Interference - 3.4 GHz Band) Amendment Determination 2003 (No. 1) 813.Radiocommunications (Unacceptable Levels of Interference) Determination No. 1 of 1996 814.Radiocommunications (Unacceptable Levels of Interference-500 MHz Band) Amendment Determination 2002 (No. 1) 815.Radiocommunications (Unacceptable Levels of Interference - 800 MHz Band) Determination 2000 816.Radiocommunications (Unacceptable Levels of Interference - 800 MHz Band) Amendment Determination 2002 (No. 1) 817.Radiocommunications Advisory Guidelines (Co-ordinating the operation of transmitters in the 500 MHz Bands) 818.Radiocommunications Advisory Guidelines (Managing Interference between 27 GHz and 28 GHz Spectrum-Licensed Services) 2000 819.Radiocommunications Advisory Guidelines (Managing Interference from Apparatus- licensed and Class-licensed Transmitters - 1800 MHz Band) 1999 820.Radiocommunications Advisory Guidelines (Managing Interference from Apparatus- licensed and Class-licensed Transmitters - 2 GHz Band) 2000 821.Radiocommunications Advisory Guidelines (Managing Interference from Apparatus- licensed Transmitters - 800 MHz Band) 1998 822.Radiocommunications Advisory Guidelines (Managing Interference from Non- Spectrum-Licensed Transmitters - 27 GHz Band) 2000 823.Radiocommunications Advisory Guidelines (Managing Interference from Non- spectrum-licensed Transmitters - 28 GHz and 31 GHz Bands) 1998 824.Radiocommunications Advisory Guidelines (Managing Interference to Apparatus Licensed Receivers-3.4 GHz Band) 2000 825.Radiocommunications Advisory Guidelines (Managing Out-of-band Interference in Receivers Operating in Spectrum Licensed Space - 3.4 GHz Band) 2000 826.Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed and Class-licensed Receivers - 1800 MHz Band) 1999 827.Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed and Class-licensed Receivers - 1800 MHz Band) 1999 Amendment 1999 (No. 1) 828.Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed and Class-licensed Receivers - 2 GHz Band) 2000 829.Radiocommunications Advisory Guidelines (Protection of Apparatus-licensed Receivers - 800 MHz Band) 1998 830.Radiocommunications Advisory Guidelines (Protection of Mobile Base Receivers - 1800 MHz Lower Band) 1999

Page 60 of 64 831.Radiocommunications Advisory Guidelines (Protection of Non-Spectrum-Licensed Receivers - 27 GHz Band) 2000 832.Radiocommunications Advisory Guidelines (Protection of Non-Spectrum-Licensed Receivers - 27 GHz Band) Amendment 2002 (No. 1) 833.Radiocommunications Advisory Guidelines (Protection of Non-spectrum-licensed Receivers - 28 GHz and 31 GHz Bands) 1998 834.Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998 835.Radiocommunications (Labelling) Determination 1997

POSTAL

Cluster 32: Australian Postal Corporation Regulations 836.Australian Postal Corporation Regulations 837.Australian Postal Corporation Amendment Regulations 1998 (No. 1) 838.Australian Postal Corporation Amendment Regulations 1999 (No. 1) 839.Australian Postal Corporation Amendment Regulations 2000 (No 1) 840.Australian Postal Corporation Amendment Regulations 2002 (No 1) 841.Australian Postal Corporation Amendment Regulations 2004 (No 1) 842.Australia Post (Capital) Regulations 843.Australian Postal Corporation (Performance Standards) Regulations 1998 844.Australian Postal Corporation (Performance Standards) Regulations 1998 (Am)

ADMINISTRATION

Cluster 33: ACMA Costs and Charges 845.Broadcasting (Charges) Determination 2007 846.Telecommunications (Charges) Determination 2009

Cluster 34: Amendments to Criminal Provisions 847.Communications, Information Technology and the Arts Legislation Amendment (Application of Criminal Code) Regulations 2001 (No 1)

Cluster 35: Determination of Approving Body 848.Telecommunications (Approving Bodies) Determination 2007

Cluster 36: ACMAs Enforcement Powers 849.Guidelines relating to ACMA's enforcement powers under the Broadcasting Services Act 1992

Cluster 37: National Transmission Asset Management 850.Class exemption (No. 1 of 2000) 851.Approval of transfer of original assets (No. 1 of 2000)

Cluster 38: Proclamations 852.Broadcasting Services Amendment (Media Ownership) Act 2006 - Proclamation 853.Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 - Proclamation

Page 61 of 64 Cluster 39: Regional Telecommunications Independent Review Committee 854.Regional Telecommunications Independent Review Committee (First Review Starting Date) Determination (No. 1) 2007

Cluster 40: Redundant Administrative Instruments 855.Postal and Telecommunications Commissions (Transitional Provisions) Regulations 856.Postal and Telecommunications Commissions (Transitional Provisions) Regulations (Am) 857.Australian Broadcasting Corporation Regulations 858.Australian Broadcasting Corporation Regulations (Am) 859.Parliamentary Proceedings Broadcasting Regulations 860.Parliamentary Proceedings Broadcasting Regulations (Amendment) 861.Parliamentary Proceedings Broadcasting Regulations (Amendment) 862.Parliamentary Proceedings Broadcasting Regulations (Amendment) 863.Australian Broadcasting Corporation (Election of staff-elected Director) Regulations 864.Australian Broadcasting Corporation (A.B.C. Stock) Regulations 865.Special Broadcasting Service Regulations 866.Telecommunications (Consumer Protection and Service Standards) (Communications Fund) Regulations 2005 867.Telecommunications (Consumer Protection and Service Standards) (Communications Fund) Amendment Regulations 2006 (No. 1) 868.Australian Broadcasting Tribunal (Inquiries) (Transitional Provisions) Regulations 869.Determination of Requirements - Certificates under subsections 282(3), (4) or (5)

Page 62 of 64 ATTACHMENT C

Broadband, Communications and the Digital Economy Portfolio Excluded Clusters and Legislative Instruments

Ten clusters with 163 legislative instruments were considered out of scope of the review for the following reasons. COMPETITION Telstra Operational Separation Regulations (1 instrument): DBCDE have advised that the instrument in this cluster is currently under review. ACCC Access Arbitrations Regulations (1 instrument): The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009 containing major reform proposals relating to this instrument is currently before the Senate. Access Regimes Regulations (8 instruments): The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009 containing major reform proposals relating to these instruments is currently before the Senate. CONSUMER SAFEGUARDS Customer Service Guarantee Regulations (8 instruments): The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009 containing major reform proposals relating to these instruments lapsed on the prorogation of the Parliament on 19 July 2010. Universal Service Obligation Regulations (30 instruments): The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009 containing major reform proposals relating to these instruments lapsed on the prorogation of the Parliament on 19 July 2010. The Telecommunications (Consumer Protection and Service Standards) (Late Payment of USO Levy) Amendment Determination 2005 (No. 1) was also excluded from review. CONTENT Do Not Call Register Regulations (8 instruments): DBCDE has advised that it has recently released a discussion paper on the ‘Do Not Call Register’ for public consideration. Anti-siphoning List Regulations (6 instruments): DBCDE has advised that a review of these instruments is scheduled. Interactive gambling (1 instrument): The Interactive Gambling Regulations 2001 were excluded from review as the instrument was recently reviewed during the Productivity Commission’s gambling inquiry report, which was released by the Government on 23 June 2010. SPECTRUM MANAGEMENT Allocation Procedures Regulations (85 instruments): DBCDE has advised that the Spectrum Review Task Force (ACMA) is currently reviewing these instruments. ADMINISTRATION Telstra Corporation Regulations (15 instruments): DBCDE have advised that the instruments relating to Telstra price control arrangements are currently being reviewed by

Page 63 of 64 the ACCC and that the remaining instruments will be reviewed in the context of the National Broadband Network.

Page 64 of 64

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