[LINK] RFI: Telecomms Act Powers re the .au TLD

Adam Todd adam at todd.inoz.com
Fri Jan 30 13:07:19 EST 2004


>I've heard on various occasions that the power is part of the monstrous 
>Telecommunications Act 1997, which is at:
>http://www.austlii.edu.au/au/legis/cth/num%5fact/ta1997n47o1997260/index.html
>
>I have two questions:
>(1)  where the heck is it?
>      (There seem to be no occurrence of 'domain' in the statute)
>(2)  when was it enacted, i.e. in the original Act or in an Amendment Act?

Without looking, and confirming in general the comments Glen Made, the 
Telecommunications Act provides that the Minister may manage the numbering 
plans, and includes, although loose, could be awarded, for Domain Names and 
IP addresses under, Part 22 Division 3

PART 22--NUMBERING OF CARRIAGE SERVICES AND REGULATION OF ELECTRONIC ADDRESSING


Division 3--Regulation of electronic addressing
474. Declared manager of electronic addressing
475. ACA may give directions to declared manager of electronic addressing
476. ACCC may give directions to declared manager of electronic addressing 
477. ACCC's directions to prevail over the ACA's directions

TELECOMMUNICATIONS ACT 1997 - SECT 474
Declared manager of electronic addressing
(1)
The ACA may, by notice in the Gazette , determine that, for the purposes of 
this Division, a specified person or association is a declared manager of 
electronic addressing in relation to a specified kind of electronic 
addressing and a specified kind of listed carriage service.
(2)
The determination has effect accordingly.
(3)
The ACA must not make a determination under subsection (1) in relation to a 
particular person or association unless:
(a)
the ACA is directed to do so by the ACCC under subsection (4); or
(b)
the ACA considers that the person or association is not managing that kind 
of electronic addressing to the ACA's satisfaction.
(4)
The ACCC may give written directions to the ACA in relation to the exercise 
of the power conferred by subsection (1).
(5)
The ACA must exercise its powers under subsection (1) in a manner 
consistent with directions given by the ACCC under subsection (4).
(6)
The ACCC must not give a direction under subsection (4) unless, in the 
ACCC's opinion, compliance with the direction is likely to have a bearing 
on competition or consumer protection.




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