We are seeking views on a proposal to extend Telstra-specific legislative obligations to a new entity within the Telstra corporate group.
Why we want your input
Your feedback will help ensure the provisions set out in the draft declaration are fit for purpose and act to maintain regulatory equivalence between Intercity Assets Pty Ltd and the broader Telstra corporate group, without creating undue regulatory burden.How you can voice your opinion
We are seeking feedback on the draft instrument. You can read the draft instrument and make a written submission via the 'Have Your Say' button.What will be the outcome of this consultation?
Your feedback will be used to refine the draft instrument and ensure it is fit for purpose.The issue
Intercity Assets Pty Ltd (Intercity), a new entity within the Telstra Group, was granted a carrier licence by the Australian Communications and Media Authority (ACMA) on 7 April 2026. Intercity is expected to hold legal ownership for telecommunications assets transferred from the broader Telstra corporate group.
This change raises the question of whether Intercity should be subject to the same obligations imposed on the Telstra Group. As the former national carrier and given its position in the market, Telstra is subject to a number of specific regulations, including laws limiting foreign ownership of Telstra entities.
Under Part 34A of the Telecommunications Act 1997, the Minister may, by legislative instrument, specify Intercity as a Telstra successor company and/or a designated Telstra successor company for the purposes of telecommunications legislation. This has the effect of extending regulations that apply to current Telstra entities to Intercity. This ensures the continuity of Telstra's regulatory obligations and prevents Telstra from avoiding important regulatory obligations by restructuring.
Draft instrument
We have prepared a draft instrument that would, in effect, act to apply the laws and obligations that currently apply to other Telstra entities to Intercity. The draft instrument, if it comes into effect, would:
- declare Intercity as a Telstra successor company for the purposes of each prescribed telecommunications law
- declare Intercity as a designated Telstra successor company for the purposes of each telecommunications law
- specify Intercity for the purposes of appropriately targeting (or ‘repointing’) obligations and prohibitions under Telstra's structural separation undertaking and final migration plan.
Participate
We invite you to tell us your views on this topic.
Please include:
- contact name
- organisation name, if applicable
- contact details, including telephone number, postal and email addresses
- confirmation whether or not your submission can be made public – published – or kept confidential.
All submissions to be made public need to meet the Digital Service Standard for accessibility. Any submission that does not meet this standard may be modified before being made public.
If your submission is to be made public, please ensure you do not include any personal information that you don't want to be published.
If your submission is confidential, please ensure each page of the submission is marked as confidential.
Use the 'Have your say' button to upload your submission.
Alternatively, can may email your submission to telco.coord@infrastructure.gov.au.
Privacy collection notice
Extending existing Telstra-specific obligations to Intercity
Your submission, including any personal information supplied, is being collected by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department) in accordance with the Privacy Act 1988.
Use
The department may use your submission to inform its consideration of whether the provisions within the draft instrument are fit for purpose and act to maintain regulatory equivalence between Intercity Assets Pty Ltd and the broader Telstra corporate group, without creating undue regulatory burden.
Disclosure
The department may disclose your submission to other Australian Government organisations for the purposes of analysis and advice, including but not limited to:
- The Australian Communications and Media Authority
- The Australian Competition and Consumer Commission
- The Australian Government Solicitor.
The department may publish your submission as explained below. Otherwise, your submission will not be disclosed unless authorised or required by law.
Contacting you
The Department may use your contact information to make further contact with you about your submission and the consultation process.
Publication
Unless marked confidential (see the following section 'Confidentiality') submissions (including the author's name) may be published in part or full on the department's website or in any public response by the department. When publishing, the department will redact any personal contact details of the author.
Confidentiality
Confidential submissions will not be published and will only be disclosed in any of the following circumstances:
- in response to a request by a Commonwealth Minister
- where required by a House or a Committee of the Parliament of the Commonwealth of Australia
- where necessary in the public interest
- where authorised or required by law.
Submissions will only be treated as confidential if they are expressly stated to be confidential. Automatically generated confidentiality statements or disclaimers appended to an email do not suffice for this purpose. If you wish you make a confidential submission, you must indicate this by ensuring your submission is clearly marked confidential. Even if a submission is not marked confidential, the department may choose not to publish it, or any part of it, in the department’s discretion (for example where it includes personal information or opinions about a third party).
Access
The department will securely store your personal information and the department's privacy policy contains information regarding complaint handling processes and how to access and/or seek correction of personal information held by the department. Further information is available on Privacy.