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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
(Transitional Provisions and Consequential Amendments) Bill
1996
No. ,
1996
(Communications and the
Arts)
A Bill for an Act to enact transitional
provisions, and to make consequential amendments, in connection with the
enactment of the Telecommunications Act 1996, and for other
purposes
9616424—1,025/29.11.1996—(164/96) Cat. No.
96 5575 1 ISBN 0644 483253
Contents
Australian Broadcasting Corporation Act
1983 6ttpcah1.html
Australian National Railways Commission Act
1983 6ttpcah1.html
Australian Postal Corporation Act
1989 6ttpcah1.html
Broadcasting Services Act
1992 6ttpcah1.html
The Corporations Law set out in section 82 of the Corporations Act
1989 6ttpcah1.html
Crimes Act 1914 6ttpcah1.html
Lands Acquisition Act
1989 6ttpcah1.html
Legislative Instruments Act
1996 6ttpcah1.html
Ombudsman Act
1976 6ttpcah1.html
Radiocommunications Taxes Collection Act
1983 6ttpcah1.html
Sea Installations Act
1987 6ttpcah1.html
Special Broadcasting Service Act
1991 6ttpcah1.html
Telecommunications (Interception) Act
1979 6ttpcah1.html
Telstra Corporation Act
1991 6ttpcah1.html
Radiocommunications Act
1992 6ttpcah1.html
Part 1—Merger of the SMA and the
ACA 6ttpcah1.html
Part 2—Consequential
amendments 6ttpcah1.html
Part 3—Public inquiries 6ttpcah1.html
Part 4—Standards and other technical
regulation 6ttpcah1.html
Australian Communications Authority Act
1996 6ttpcah1.html
Telecommunications Act
1996 6ttpcah1.html
Radiocommunications (Permit Tax) Act
1983 6ttpcah1.html
Telecommunications Act
1991 6ttpcah1.html
Telecommunications (Application Fees) Act
1991 6ttpcah1.html
Telecommunications (Numbering Charges) Act
1991 6ttpcah1.html
Telecommunications (Public Mobile Licence Charge) Act
1992 6ttpcah1.html
Telecommunications (Universal Service Levy) Act
1991 6ttpcah1.html
A Bill for an Act to enact transitional provisions, and
to make consequential amendments, in connection with the enactment of the
Telecommunications Act 1996, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications (Transitional
Provisions and Consequential Amendments) Act 1996.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) The following provisions commence on 1 July 1997:
(a) Part 2;
(b) Part 3 (other than Divisions 1, 2, 3, 4, 13, 14, 15 and 16);
(c) Part 4;
(d) Schedule 1;
(e) Schedule 2;
(f) Schedule 5.
(3) Schedule 3 commences on the commencement of the Commonwealth
Authorities and Companies Act 1996.
(4) Schedule 4 commences on the commencement of the Financial
Management and Accountability Act 1996.
(5) If the Broadcasting Services Amendment Act 1996 does not
commence before 1 July 1997, the amendments of section 171 of the
Broadcasting Services Act 1992 made by this Act commence immediately
after the commencement of the Broadcasting Services Amendment Act
1996.
(6) If the Legislative Instruments Act 1996 does not commence
before 1 July 1997, the amendments of that Act made by this Act commence
immediately after the commencement of the Legislative Instruments Act
1996.
Each Act that is specified in Schedule 5 to this Act is
repealed.
(1) If:
(a) apart from this section, the operation of this Part would result in
the acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to
the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court for the
recovery from the Commonwealth of such reasonable amount of compensation as the
court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
Federal Court means the Federal Court of Australia.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
In this Division, unless the contrary intention appears:
ACA means the Australian Communications Authority.
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or
prospective.
AUSTEL means the Australian Telecommunications
Authority.
instrument includes a document.
liability means any liability, duty or obligation, whether
actual, contingent or prospective.
merging time means the beginning of 1 July 1997.
SMA means the Spectrum Management Agency established under
the Radiocommunications Act 1992, as in force immediately before the
merging time.
(1) This section applies to an asset of the Commonwealth that is used, or
proposed to be used, by the SMA.
(2) The Minister may cause to be transferred to the ACA any asset that the
Minister considers appropriate to be transferred to the ACA for the performance
of its functions and the exercise of its powers.
(3) Subsection (2) does not prevent the Commonwealth from transferring an
asset to the ACA otherwise than under that subsection.
(4) If an asset is transferred to the ACA under subsection (2), the
Minister may, by writing, declare that a specified instrument relating to the
asset continues to have effect after the transfer as if a reference in the
instrument to the Commonwealth were a reference to the ACA.
Note: An instrument may be specified by name, by inclusion
in a specified class or in any other way.
(5) A declaration under subsection (4) has effect accordingly.
(1) This section applies to an asset that was transferred to the ACA under
subsection 6(2).
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified asset vests in the Commonwealth at a
specified time without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to a specified
asset continues to have effect after the asset vests in the Commonwealth as if a
reference in the instrument to the ACA were a reference to the
Commonwealth;
(c) a declaration that the Commonwealth becomes the ACA’s successor
in law in relation to a specified asset immediately after the asset vests in the
Commonwealth.
Note: An asset or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(3) A declaration under subsection (2) has effect accordingly.
(4) A time specified under subsection (2) must be before 1 January
1998.
(1) This section applies to a liability of the Commonwealth that relates
to the SMA.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified liability ceases to be a liability of
the Commonwealth and becomes a liability of the ACA at the merging
time;
(b) a declaration that a specified instrument relating to a specified
liability continues to have effect after the liability becomes a liability of
the ACA as if a reference in the instrument to the Commonwealth were a reference
to the ACA;
(c) a declaration that the ACA becomes the Commonwealth’s successor
in law in relation to a specified liability immediately after the liability
becomes a liability of the ACA.
Note: A liability or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(3) A declaration under subsection (2) has effect accordingly.
(1) This section applies to a liability that became a liability of the ACA
under section 8.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified liability ceases to be a liability of
the ACA and becomes a liability of the Commonwealth at a specified
time;
(b) a declaration that a specified instrument relating to a specified
liability continues to have effect after the liability becomes a liability of
the Commonwealth as if a reference in the instrument to the ACA were a reference
to the Commonwealth;
(c) a declaration that the Commonwealth becomes the ACA’s successor
in law in relation to a specified liability immediately after the liability
becomes a liability of the Commonwealth.
(3) A declaration under subsection (2) has effect accordingly.
(4) A time specified under subsection (2) must be before 1 January
1998.
Note: A liability or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(1) This section applies if:
(a) any right, title or interest in particular land vests in the
Commonwealth under section 7; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister; and
(ii) identifies the land; and
(iii) states that the right, title or interest has become vested in the
Commonwealth under section 7.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the
way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A document that appears to be a certificate under subsection (1) is to
be taken to be such a certificate, and to have been properly given, unless the
contrary is established.
This Division, in so far as it provides for the interpretation of
references in other instruments, does not modify any register kept by a land
registration official under a law of a State or Territory.
(1) In this section:
exempt matter means the transfer of an asset or liability
under this Division.
(2) Stamp duty or other tax is not payable under a law of a State or
Territory in respect of:
(a) an exempt matter; or
(b) anything done (including a transaction entered into or an instrument
or document made, executed, lodged or given) because of, or for a purpose
connected with or arising out of, an exempt matter.
The Lands Acquisition Act 1989 does not apply in relation to
anything done under this Division.
(1) For the purposes of this section, an eligible instrument
is an instrument that:
(a) was in force immediately before the merging time; and
(b) contains a reference to the SMA or the Spectrum Manager.
(2) The Minister may, by writing, declare that a specified eligible
instrument has effect as if each reference in the instrument to the SMA, or to
the Spectrum Manager, as the case may be, were a reference to the ACA, or to the
Chairman of the ACA, as the case requires.
Note: An instrument may be specified by name, by inclusion
in a specified class or in any other way.
(3) A declaration under subsection (2) has effect accordingly.
(1) This section applies to any records or documents that were in the
possession of the Spectrum Manager immediately before the merging time and that
relate to the SMA.
(2) The records and documents are to be transferred to the ACA after the
merging time.
(1) This section applies to anything done by, or in relation to, the SMA
under the Radiocommunications Act 1992 before the merging time.
(2) The Radiocommunications Act 1992 has effect, after the merging
time, as if the thing had been done by, or in relation to, the ACA.
(3) The following are examples of things done by the SMA:
(a) licences issued under the Radiocommunications Act
1992;
(b) permits issued under the Radiocommunications Act
1992.
(4) The following are examples of things done in relation to the
SMA:
(a) applications for licences under the Radiocommunications Act
1992;
(b) applications for permits under the Radiocommunications Act
1992.
(1) This section applies to proceedings to which the Commonwealth was a
party and that:
(a) were pending in any court or tribunal immediately before the merging
time; and
(b) related to the SMA.
(2) After the merging time, the ACA is, by force of this section,
substituted for the Commonwealth as a party to the proceedings.
(1) This section applies to proceedings to which the Spectrum Manager was
a party and that were pending in any court or tribunal immediately before the
merging time.
(2) If the proceedings relate to a thing done by the Spectrum Manager in
the name of, or on behalf of, the SMA, then, after the merging time, the ACA is,
by force of this section, substituted for the Spectrum Manager as a party to the
proceedings.
(3) If the proceedings do not relate to a thing done by the Spectrum
Manager in the name of, or on behalf of, the SMA, then, after the merging time,
the Chairman of the ACA is, by force of this section, substituted for the
Spectrum Manager as a party to the proceedings.
Despite the repeal of Part 15 of the Telecommunications Act 1991
(the 1991 Act) by this Act, Part 15 continues to apply, after the
merging time, in relation to a matter:
(a) of a kind referred to in section 333 of the 1991 Act; and
(b) that arose before the merging time;
as if:
(c) that Part had not been repealed; and
(d) each reference in that Part to AUSTEL were a reference to the ACA;
and
(e) sections 343 and 344 of the 1991 Act had not been enacted.
Despite the repeal of Part 14 of the Telecommunications Act 1991
(the 1991 Act) by this Act, if, before the merging time:
(a) a requirement arose for AUSTEL to hold a public inquiry under that
Part, but that inquiry had not begun; or
(b) AUSTEL began to hold a public inquiry under that Part, but that
inquiry had not been completed;
that Part continues to apply, after the merging time, in relation to that
inquiry, as if:
(c) that Part had not been repealed; and
(d) each reference in that Part to AUSTEL were a reference to the ACA;
and
(e) each reference in that Part to the Chairperson were a reference to the
Chairman of the ACA.
If:
(a) before the merging time, a complaint was made to the Ombudsman, or the
Ombudsman began an investigation, under the Ombudsman Act 1976 in
relation to action taken by the SMA; and
(b) immediately before the merging time, the Ombudsman had not finally
disposed of the matter in accordance with the Ombudsman Act 1976;
the Ombudsman Act 1976 applies after the merging time as if that
action had been taken by the ACA.
(1) This section applies to a committee (an old committee)
that was:
(a) established under section 53 of the Telecommunications Act 1991
(the 1991 Act); or
(b) established under section 240 of the Radiocommunications Act
1992 (the 1992 Act);
and that was in existence immediately before the merging time.
(2) The Australian Communications Authority Act 1996 (the
ACA Act) has effect, after the merging time, as if:
(a) each old committee had been established by the ACA under section 51 of
the ACA Act immediately after the merging time; and
(b) each appointment that was in force under:
(i) section 53 of the 1991 Act; or
(ii) section 240 of the 1992 Act;
as the case may be, immediately before the merging time, had been made
under section 51 of the ACA Act immediately after the merging time;
and
(c) each direction that was in force under:
(i) section 53 of the 1991 Act; or
(ii) section 240 of the 1992 Act;
as the case may be, immediately before the merging time had been given
under section 51 of the ACA Act immediately after the merging time.
(3) If an old committee was established under section 53 of the
1991 Act, then, after the merging time, a reference in the instrument
establishing the committee to AUSTEL is taken to be a reference to the
ACA.
(4) If an old committee was established under section 240 of the
1992 Act, then, after the merging time, a reference in the instrument
establishing the committee to the SMA is taken to be a reference to the
ACA.
(5) Before 30 June 1998, the ACA must review the continued existence of
each old committee.
(1) Despite the repeal of the Telecommunications Act 1991 (the
1991 Act) by this Act, section 402A of that Act continues to
apply, after the merging time, in relation to a protected name and the protected
symbol, until the end of:
(a) 12 months after the merging time; or
(b) if a longer period is specified in the regulations—that longer
period;
as if:
(c) the 1991 Act had not been repealed; and
(d) the reference in subsection 402A(1) of that Act to AUSTEL were a
reference to the ACA.
(2) The Governor-General may make regulations for the purposes of
paragraph (1)(b).
(1) The ACA must, as soon as practicable after the merging time, prepare
and give to the Minister a report of the SMA’s operations during the
financial year ending on 30 June 1997.
(2) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sittings days of the House after the Minister
received the report.
(1) The Minister may, by writing, delegate to:
(a) the Secretary to the Department; or
(b) a person holding or performing the duties of a Senior Executive
Service office in the Department;
all or any of the powers conferred on the Minister by this
Division.
(2) The delegate is, in the exercise of the power delegated under
subsection (1), subject to the directions of the Minister.
(3) In this section:
Senior Executive Service office has the same meaning as in
the Public Service Act 1922.
In this Division, unless the contrary intention appears:
ACA means the Australian Communications Authority.
ACCC means the Australian Competition and Consumer
Commission.
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or
prospective.
AUSTEL means the Australian Telecommunications
Authority.
instrument includes a document.
liability means any liability, duty or obligation, whether
actual, contingent or prospective.
merging time means the beginning of 1 July 1997.
(1) This section applies to an asset of AUSTEL.
(2) The Minister may cause to be transferred to the Commonwealth any asset
that the Minister considers appropriate to be transferred to the Commonwealth
for purposes in connection with the performance of the ACCC’s
telecommunications functions and the exercise of the ACCC’s
telecommunications powers.
(3) Subsection (2) does not prevent AUSTEL from transferring an asset to
the Commonwealth otherwise than under that subsection.
(4) If an asset is transferred to the Commonwealth under subsection (2),
the Minister may, by writing, declare that a specified instrument relating to
the asset continues to have effect after the transfer as if a reference in the
instrument to AUSTEL were a reference to the Commonwealth.
Note: An instrument may be specified by name, by inclusion
in a specified class or in any other way.
(5) A declaration under subsection (4) has effect accordingly.
(6) In this section:
ACCC’s telecommunications functions and powers has the
same meaning as in the Telecommunications Act 1996.
(1) This section applies to an asset that was transferred to the
Commonwealth under subsection 27(2).
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified asset vests in the ACA at a specified
time without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to a specified
asset continues to have effect after the asset vests in the ACA as if a
reference in the instrument to the Commonwealth were a reference to the
ACA;
(c) a declaration that the ACA becomes the Commonwealth’s successor
in law in relation to a specified asset immediately after the asset vests in the
ACA.
Note: An asset or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(3) A declaration under subsection (2) has effect accordingly.
(4) A time specified under subsection (2) must be before 1 January
1998.
(1) This section applies to a liability of AUSTEL.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified liability ceases to be a liability of
AUSTEL and becomes a liability of the Commonwealth at the merging
time;
(b) a declaration that a specified instrument relating to a specified
liability continues to have effect after the liability becomes a liability of
the Commonwealth as if a reference in the instrument to AUSTEL were a reference
to the Commonwealth;
(c) a declaration that the Commonwealth becomes AUSTEL’s successor
in law in relation to a specified liability immediately after the liability
becomes a liability of the Commonwealth.
Note: A liability or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(3) A declaration under subsection (2) has effect accordingly.
(1) This section applies to a liability that became a liability of the
Commonwealth under section 29.
(2) The Minister may, by writing, make any or all of the following
declarations:
(a) a declaration that a specified liability ceases to be a liability of
the Commonwealth and becomes a liability of the ACA at a specified
time;
(b) a declaration that a specified instrument relating to a specified
liability continues to have effect after the liability becomes a liability of
the ACA as if a reference in the instrument to the Commonwealth were a reference
to the ACA;
(c) a declaration that the ACA becomes the Commonwealth’s successor
in law in relation to a specified liability immediately after the liability
becomes a liability of the ACA.
Note: A liability or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(3) A declaration under subsection (2) has effect accordingly.
(4) A time specified under subsection (2) must be before 1 January
1998.
(1) This section applies if:
(a) any right, title or interest in particular land vests in the ACA under
section 28; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister; and
(ii) identifies the land; and
(iii) states that the right, title or interest has become vested in the
ACA under section 28.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the
way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A document that appears to be a certificate under subsection (1) is to
be taken to be such a certificate, and to have been properly given, unless the
contrary is established.
This Division, in so far as it provides for the interpretation of
references in other instruments, does not modify any register kept by a land
registration official under a law of a State or Territory.
(1) In this section:
exempt matter means the transfer of an asset or liability
under this Division.
(2) Stamp duty or other tax is not payable under a law of a State or
Territory in respect of:
(a) an exempt matter; or
(b) anything done (including a transaction entered into or an instrument
or document made, executed, lodged or given) because of, or for a purpose
connected with or arising out of, an exempt matter.
The Lands Acquisition Act 1989 does not apply in relation to
anything done under this Division.
(1) The Minister may, by writing, delegate to:
(a) the Secretary to the Department; or
(b) a person holding or performing the duties of a Senior Executive
Service office in the Department;
all or any of the powers conferred on the Minister by this
Division.
(2) The delegate is, in the exercise of the power delegated under
subsection (1), subject to the directions of the Minister.
(3) In this section:
Senior Executive Service office has the same meaning as in
the Public Service Act 1922.
Before 1 July 1997, Part XIC of the Trade Practices Act 1974 has
effect as if:
(a) a reference in that Part to a carrier were a reference to a carrier
(within the meaning of the Telecommunications Act 1991); and
(b) a reference in section 86 of the Telecommunications Act 1996 to
a carrier were a reference to a carrier (within the meaning of the
Telecommunications Act 1991).
(1) This section applies to a matter submitted under section 154 of the
Telecommunications Act 1991 to AUSTEL for arbitration (whether submitted
before or after the commencement of this section).
(2) If AUSTEL is satisfied that a matter corresponding to the
first-mentioned matter could be the subject of a notification under section
152CM of the Trade Practices Act 1974, AUSTEL may terminate, or refuse to
conduct, the arbitration.
(3) Subsection (2) has effect despite anything in the
Telecommunications Act 1991.
(4) In this section:
AUSTEL means the Australian Telecommunications
Authority.
(1) If:
(a) within 28 days after the commencement of this section, a body or
association is declared under section 152AI of the Trade Practices Act
1974 to be the Telecommunications Access Forum for the purposes of Part XIC
of that Act; and
(b) before the declaration was made, the body or association carried out a
process of consultation on a draft code; and
(c) the process may reasonably be regarded as equivalent to the process
set out in paragraph 152BF(a) of that Act that would otherwise have applied in
relation to that code;
the body or association is taken to have complied with that paragraph in
relation to that code.
(2) If:
(a) within 28 days after the commencement of this section, a body or
association is declared under section 152AI of the Trade Practices Act
1974 to be the Telecommunications Access Forum for the purposes of Part XIC
of that Act; and
(b) before the declaration was made, the body or association carried out a
process of consultation on a draft code; and
(c) the process may reasonably be regarded as equivalent to the process
set out in paragraph 152BF(b) of that Act that would otherwise have applied in
relation to that code;
the body or association is taken to have complied with that paragraph in
relation to that code.
(1) As soon as practicable after this section commences, but, in any
event, before 1 July 1997, the ACCC must prepare a written statement specifying
each eligible service that was covered by an access agreement registered under
section 144 of the Telecommunications Act 1991 as at the beginning of 13
September 1996.
(2) Despite subsection (1), the ACCC is not required by that subsection to
specify a particular service in the statement if the ACCC is satisfied that
specifying the service would not promote the long-term interests of end-users of
the service or of services supplied by means of the service.
(3) For the purposes of subsection (2), the question whether a particular
thing promotes the long-term interests of end-users of services is to be
determined in the same manner as it is determined for the purposes of Part XIC
of the Trade Practices Act 1974.
(4) Despite subsection (1), the ACCC must not specify a service
if:
(a) the service is supplied using an AMPS network; and
(b) the ACCC is satisfied that the specification of the service would be
inconsistent with the policies embodied in Part 19 of the Telecommunications
Act 1996.
(5) The ACCC must also specify in the statement an eligible service that
is:
(a) necessary for the purposes of enabling the supply of a broadcasting
service by means of line links that deliver signals to end-users; and
(b) of a kind that was used for those purposes on 13 September
1996.
(6) If the registration of an access agreement under section 144 of the
Telecommunications Act 1991 occurs during the period:
(a) beginning on 13 September 1996; and
(b) ending at the end of 30 June 1997;
the ACCC may also specify in the statement an eligible service that was
covered by the access agreement.
(7) The ACCC must consult AUSTEL about the preparation or variation of the
statement.
(8) The ACCC must not prepare or vary the statement unless the ACCC has
first:
(a) published a draft of the statement or variation and invited people to
make submissions to the ACCC on the draft; and
(b) considered any submissions that were received within the time limit
specified by the ACCC when it published the draft.
(9) A copy of the statement, and of any variation of the statement, is to
be published in the Gazette.
(10) Part XIC of the Trade Practices Act 1974 has effect, in
relation to an eligible service specified in the statement, as if the ACCC
had:
(a) made an instrument under subsection 152AL(3) of that Act declaring the
service to be a declared service; and
(b) complied with the requirements set out in subsection 152AL(3) of
that Act in relation to the instrument.
(11) This section does not prevent the instrument referred to in paragraph
(10)(a) from being varied or revoked by the ACCC in accordance with section
152AO of the Trade Practices Act 1974.
(12) Despite anything in the Telecommunications Act 1991, the ACCC
is entitled to inspect, make copies of, or take extracts from, any part of the
register referred to in section 144 of that Act for a purpose relating to the
exercise of the ACCC’s powers under this section.
(13) For the purposes of this section, it is to be assumed that Part 19 of
the Telecommunications Act 1996 had commenced at the commencement of this
section.
(14) In this section:
ACCC means the Australian Competition and Consumer
Commission.
access agreement has the same meaning as in the
Telecommunications Act 1991.
AMPS means the Advanced Mobile Phone System.
Note: The Advanced Mobile Phone System does not incorporate
digital modulation techniques.
AUSTEL means the Australian Telecommunications
Authority.
broadcasting service has the same meaning as in the
Broadcasting Services Act 1992.
eligible service has the same meaning as in section 152AL of
the Trade Practices Act 1974.
line link has the same meaning as in the
Telecommunications Act 1996.
(1) This section applies to an eligible service if, immediately before
1 July 1997, Telstra was obliged, by clause 4.1 of its public mobile
licence, to supply the service on request.
(2) In determining, for the purposes of Part XIC of the Trade Practices
Act 1974, whether a standard access obligation is imposed on Telstra before
1 January 2000 in relation to the service in a case where the access seeker is
an existing mobile licensee, that Part has effect as if the service were a
declared service.
(3) This section does not prevent the service from being declared by the
ACCC under section 152AL of the Trade Practices Act 1974 to be a declared
service.
(4) In this section:
ACCC means the Australian Competition and Consumer
Commission.
access seeker has the same meaning as in Part XIC of the
Trade Practices Act 1974.
existing mobile licensee means a person who held a public
mobile licence immediately before 1 July 1997.
public mobile licence has the same meaning as in the
Telecommunications Act 1991.
standard access obligation has the same meaning as in Part
XIC of the Trade Practices Act 1974.
Telstra has the same meaning as in the Telstra Corporation
Act 1991.
(1) This section applies to an access agreement that was registered under
section 144 of the Telecommunications Act 1991 immediately before 1 July
1997.
(2) Division 9 of Part XIC of the Trade Practices Act 1974 has
effect, on and after 1 July 1997, as if:
(a) the agreement were an agreement to which that Division applies;
and
(b) the ACCC had registered the agreement under that Division at the
beginning of 1 July 1997; and
(c) the ACCC had complied with the requirements set out in subsections
152ED(1) and (2) of the Trade Practices Act 1974 in relation to the
registration.
(3) The repeal of the Telecommunications Act 1991 does not affect
the continuity of the agreement.
(4) This section does not prevent the parties to the agreement from
varying or terminating the agreement.
(5) Despite the repeal of the Telecommunications Act 1991 by this
Act, paragraph 236(1)(c) and section 238 of that Act continue to apply in
relation to the agreement, until the end of the period ending at the end of 31
December 1997, as if that repeal had not been made.
(6) The ACCC may, by written instrument, extend the period mentioned in
subsection (5) for the purposes of the application of subsection (5) to a
specified agreement, so long as the extension is not longer than 90 days. This
rule does not prevent the ACCC from making 2 or more successive extensions, so
long as each extension is not longer than 90 days.
(7) The ACCC must not make an instrument under subsection (6) in relation
to a particular agreement unless:
(a) a party to the agreement has notified a dispute under
section 152CM of the Trade Practices Act 1974 and:
(i) the matter in dispute is relevant to the agreement; and
(ii) the dispute (including any review in relation to a determination of
the ACCC) has not been finally determined; or
(b) the ACCC is satisfied that the parties to the agreement are engaging
in negotiations in good faith with the objective of removing any inconsistencies
between the terms of the agreement and Part IV of the Trade Practices Act
1974.
(8) In this section:
ACCC means the Australian Competition and Consumer
Commission.
access agreement has the same meaning as in the
Telecommunications Act 1991.
(1) Before 1 July 1997, Part XIC of the Trade Practices Act 1974
has effect as if a reference in that Part to the ACA were a reference to
AUSTEL.
(2) Anything done by, or in relation to, AUSTEL under Part XIC of the
Trade Practices Act 1974 before 1 July 1997 has effect, on and after 1
July 1997, as if it had been done by, or in relation to, the ACA.
(3) In this section:
ACA means the Australian Communications Authority.
AUSTEL means the Australian Telecommunications
Authority.
In this Division:
ACA means the Australian Communications Authority.
AUSTEL means the Australian Telecommunications
Authority.
(1) For the purposes of this section, an existing carrier is
a person who held a general telecommunications licence, or a public mobile
licence, that was in force under the Telecommunications Act 1991
immediately before 5 June 1997.
(2) The Telecommunications Act 1996 has effect as if the ACA had
granted each existing carrier a carrier licence under that Act at the beginning
of 1 July 1997.
(3) Subsection (2) does not prevent the carrier licence referred to in
that subsection from being cancelled in accordance with section 71 of the
Telecommunications Act 1996.
(4) Section 63 of the Telecommunications Act 1996 has effect, in
relation to a carrier licence referred to in subsection (2) of this section, as
if that section had commenced on 5 June 1997.
(5) Throughout the period beginning on 5 June 1997 and ending at the end
of 30 June 1997, subsection 63(8) of the Telecommunications Act 1996 has
effect, in relation to a carrier licence referred to in subsection (2) of this
section, as if a reference in the first-mentioned subsection to the applicant
for the licence were a reference to the existing carrier concerned.
(6) To avoid doubt, section 64 of the Telecommunications Act 1996
does not apply to an instrument made before 1 July 1997 under subsection 63(3)
of that Act in relation to a carrier licence referred to in subsection (2) of
this section.
(7) Division 4 of Part 3 of the Telecommunications Act 1996 has
effect, in relation to an existing carrier, as if that Division had commenced on
5 June 1997.
(8) Throughout the period beginning on 5 June 1997 and ending at the end
of 30 June 1997, Division 4 of Part 3 of the Telecommunications Act 1996
has effect as if:
(a) a reference in that Division to a carrier were a
reference to an existing carrier; and
(b) a reference in that Division to the ACA were a reference to AUSTEL;
and
(c) paragraph 77(a) of that Act had not been enacted.
Throughout the period beginning on 5 June 1997 and ending at the end of
30 June 1997, a reference in sections 52 to 55 (inclusive) of the
Telecommunications Act 1996 to the ACA is to be read as a reference to
AUSTEL.
Note: Sections 52 to 55 (inclusive) of the
Telecommunications Act 1996 commence on 5 June 1997—see section 2
of that Act.
(1) This section applies to anything done by, or in relation to, AUSTEL
under the Telecommunications Act 1996 before 1 July 1997.
(2) The Telecommunications Act 1996 has effect, on and after 1 July
1997, as if the thing had been done by, or in relation to, the ACA.
(1) This section applies to a technical standard in force under
section 244 of the Telecommunications Act 1991 immediately before 1
July 1997.
(2) The Telecommunications Act 1996 has effect as if:
(a) the standard had been determined by the ACA under section 121 of
the Telecommunications Act 1996 at the beginning of 1 July 1997;
and
(b) the requirements set out in subsections 121(1) and (3) and sections
129, 130 and 131 of that Act had been satisfied in relation to the determination
of the standard.
(3) Subsection (2) does not prevent the standard referred to in that
subsection from being varied or revoked in accordance with section 127 or 128,
as the case may be, of the Telecommunications Act 1996.
(1) This section applies to an indicative performance standard that was in
force under paragraph 38(2)(b) of the Telecommunications Act 1991
immediately before 1 July 1997.
(2) Despite the repeal of the Telecommunications Act 1991 by this
Act, paragraph 38(2)(c) of that Act continues to apply, in relation to the
standard, as if:
(a) a reference in section 38 of that Act to AUSTEL were a reference to
the ACA; and
(b) that repeal had not been made.
(3) However, the rule in subsection (2) ceases to apply to the standard
if:
(a) a code is registered under Part 6 of the Telecommunications Act
1996 and that code is expressed to replace the standard; or
(b) a standard is determined under Part 6 of the Telecommunications Act
1996 and that Part 6 standard is expressed to replace the first-mentioned
standard.
(1) This section applies to a determination in force under subsection
288(2) of the Telecommunications Act 1991 immediately before
1 July 1997.
(2) The Telecommunications Act 1996 has effect as if:
(a) the determination had been made under subsection 144(3) of that Act at
the beginning of 1 July 1997; and
(b) the requirement set out in subsection 144(4) of that Act had been
complied with in relation to the making of the determination.
(1) This section applies to a declaration that:
(a) was in force under subsection 290(1) of the Telecommunications Act
1991 immediately before 1 July 1997; and
(b) declared a person to be the universal service carrier for
Australia.
(2) The Telecommunications Act 1996 has effect as if:
(a) the declaration were a declaration under subsection 145(1) of that Act
stating that the person is the national universal service provider;
and
(b) the declaration had been made immediately before 1 July
1997.
(3) For the purposes of this section, it is to be assumed that
section 145 of the Telecommunications Act 1996 had commenced
immediately before 1 July 1997.
(1) This section applies to a declaration that:
(a) was in force under subsection 290(2) of the Telecommunications Act
1991 immediately before 1 July 1997; and
(b) declared a person to be the universal service carrier for a particular
area.
(2) The Telecommunications Act 1996 has effect as if:
(a) the declaration were a declaration under subsection 145(2) of that Act
stating that the person is the regional universal service provider for that
area; and
(b) the declaration had been made immediately before 1 July
1997.
(3) For the purposes of this section, it is to be assumed that
section 145 of the Telecommunications Act 1996 had commenced
immediately before 1 July 1997.
(1) This section applies to a direction in force under section 295 of the
Telecommunications Act 1991 immediately before 1 July 1997.
(2) The Telecommunications Act 1996 has effect as if the direction
had been given to the ACA under section 173 of that Act at the beginning of 1
July 1997.
(1) This section applies to a determination in force under section 302 of
the Telecommunications Act 1991 immediately before
1 July 1997.
(2) The Telecommunications Act 1996 has effect as if:
(a) the determination had been made under section 180 of that Act at the
beginning of 1 July 1997; and
(b) each reference in the determination to subsection 301(2) of the
Telecommunications Act 1991 were a reference to subsection 177(2) of the
Telecommunications Act 1996; and
(c) the requirements of subsections 180(2) and (3) of the
Telecommunications Act 1996 had been satisfied in relation to the making
of the determination.
This Subdivision does not prevent the revocation or variation of an
instrument.
(1) Despite the repeal of the Telecommunications Act 1991 by this
Act, Part 13 of that Act continues to apply, on and after 1 July 1997,
in relation to:
(a) levy, and levy debit balances, in relation to a financial year ending
on or before 30 June 1997; and
(b) payments under section 325 of that Act, and levy credit balances, in
relation to a financial year ending on or before
30 June 1997;
as if:
(c) that repeal had not been made; and
(d) each reference in that Part to AUSTEL were a reference to the ACA;
and
(e) a general telecommunications licence, or a public mobile licence, in
force under that Act as at the end of 30 June 1997 had remained in
force after 30 June 1997.
(2) The repeal of the Telecommunications (Universal Service Levy) Act
1991 by this Act does not affect the application of that Act to:
(a) levy, and levy debit balances, in relation to a financial year that
ended on or before 30 June 1997; and
(b) a declaration under subsection 4(1) of that Act that was in force at
any time before 1 July 1997.
(1) This section applies if the Financial Management and Accountability
Act 1996 commences on 1 July 1997.
(2) Money in the Universal Service Fund immediately before 1 July
1997 must be transferred to the Universal Service Reserve on 1 July
1997.
(3) For the purposes of the application of Part 13 of the
Telecommunications Act 1991 on and after 1 July 1997 in accordance
with Subdivision B of this Division, that Part has effect as if:
(a) section 322 of that Act had not been enacted; and
(b) the expression “paid into the Fund” were omitted from
section 323 of that Act and “transferred to the Universal Service Reserve
from the Consolidated Revenue Fund” were substituted; and
(c) the expression “amounts of levy” were omitted from
paragraph 323(a) of that Act and “amounts equal to amounts of levy”
were substituted; and
(d) paragraph 323(b) of that Act had not been enacted; and
(e) the expression “interest” were omitted from paragraph
323(c) of that Act and “amounts equal to interest” were substituted;
and
(f) the expression “purposes of the Fund are” were omitted
from section 324 of that Act and “purposes of the Universal Service
Reserve include” were substituted; and
(g) the expression “Fund” were omitted from section 325 of
that Act and “Universal Service Reserve” were substituted.
(4) On and after 1 July 1997, a reference in an instrument to the
Universal Service Reserve is to be read as including a reference to the
Universal Service Fund, unless the context otherwise requires.
(5) The Trust Fund is appropriated for the purposes of this
section.
(6) The Consolidated Revenue Fund is appropriated for the purposes of
section 323 of the Telecommunications Act 1991.
(7) In this section:
Universal Service Fund means the Universal Service Fund
referred to in the Telecommunications Act 1991.
Universal Service Reserve means the Universal Service Reserve
referred to in the Telecommunications Act 1996.
(1) This section applies if the Financial Management and Accountability
Act 1996 commences after 1 July 1997.
(2) During the period:
(a) beginning on 1 July 1997; and
(b) ending at the FMA commencing time;
the old Universal Service Reserve is a continuation of the Universal
Service Fund referred to in the Telecommunications Act 1991.
(3) For the purposes of the application of Part 13 of the
Telecommunications Act 1991 after the FMA commencing time in accordance
with Subdivision B of this Division, that Part has effect as if:
(a) section 322 of that Act had not been enacted; and
(b) the expression “paid into the Fund” were omitted from
section 323 of that Act and “transferred to the Universal Service Reserve
from the Consolidated Revenue Fund” were substituted; and
(c) the expression “amounts of levy” were omitted from
paragraph 323(a) of that Act and “amounts equal to amounts of levy”
were substituted; and
(d) paragraph 323(b) of that Act had not been enacted; and
(e) the expression “interest” were omitted from paragraph
323(c) of that Act and “amounts equal to interest” were substituted;
and
(f) the expression “purposes of the Fund are” were omitted
from section 324 of that Act and “purposes of the Universal Service
Reserve include” were substituted; and
(g) the expression “Fund” were omitted from section 325 of
that Act and “Universal Service Reserve” were substituted.
(4) Money in the old Universal Service Reserve immediately before the FMA
commencing time must be transferred to the new Universal Service Reserve
immediately after that time.
(5) After the FMA commencing time, a reference in an instrument to the new
Universal Service Reserve is to be read as including a reference to the old
Universal Service Reserve, unless the context otherwise requires.
(6) The Trust Fund is appropriated for the purposes of this
section.
(7) The Consolidated Revenue Fund is appropriated for the purposes of
section 323 of the Telecommunications Act 1991.
(8) In this section, unless the contrary intention appears:
FMA commencing time means the commencement of the
Financial Management and Accountability Act 1996.
new Universal Service Reserve means the Universal Service
Reserve referred to in the Telecommunications Act 1996, as in force after
the FMA commencing time.
old Universal Service Reserve means the Universal Service
Reserve referred to in the Telecommunications Act 1996, as in force
before the FMA commencing time.
(1) This section applies to a person if:
(a) the person was a carrier (within the meaning of the
Telecommunications Act 1991 (the 1991 Act))
immediately before 1 July 1997; and
(b) a chart of accounts or cost allocation manual was binding on the
person under the 1991 Act immediately before 1 July 1997.
(2) Despite the repeal of the 1991 Act by this Act, the COACAM provisions
of the 1991 Act continue to apply, in relation to the person, during the interim
period, as if:
(a) the COACAM provisions had not been repealed; and
(b) each reference in the COACAM provisions to AUSTEL were a reference to
the ACCC; and
(c) each reference in the COACAM provisions to a carrier (within the
meaning of the 1991 Act) were a reference to a carrier (within the meaning of
the Telecommunications Act 1996).
(3) Anything done by AUSTEL in relation to the person under the COACAM
provisions before the interim period, has effect, during the interim period, as
if the thing had been done by the ACCC.
(4) Part 1 of Schedule 1 to the Telecommunications Act 1996 has
effect, in relation to the person, during the interim period, as if the COACAM
provisions were sections of the Telecommunications Act 1996.
(5) The powers conferred by subsection 80(2) and section 82 of the 1991
Act must not be exercised in relation to the person during the interim
period.
(6) In this section:
ACCC means the Australian Competition and Consumer
Commission.
AUSTEL means the Australian Telecommunications
Authority.
COACAM provisions means:
(a) sections 80, 81, 82 and 83 of the 1991 Act; and
(b) sections 85 and 87 of the 1991 Act, in so far as they relate to
section 83 of the 1991 Act.
interim period means the period:
(a) beginning on 1 July 1997; and
(b) ending on the first occasion when rules are made by the ACCC under
section 151BU of the Trade Practices Act 1974.
(1) This section applies to a person if:
(a) the person was a carrier (within the meaning of the
Telecommunications Act 1991 (the 1991 Act)) immediately
before 1 July 1997; and
(b) a notification or direction was in force in relation to the person
under section 74 of the 1991 Act immediately before 1 July 1997.
(2) Despite the repeal of the 1991 Act by this Act, section 74 of the 1991
Act continues to apply, in relation to the person, during the interim period,
as if:
(a) section 74 of the 1991 Act had not been repealed; and
(b) each reference in that section to a carrier (within the meaning of the
1991 Act) were a reference to a carrier (within the meaning of the
Telecommunications Act 1996); and
(c) a reference in that section to a licence were a reference to a carrier
licence (within the meaning of the Telecommunications Act 1996).
(3) In this section:
interim period means the period:
(a) beginning on 1 July 1997; and
(b) ending on the first occasion when a direction is given under section
350 of the Telecommunications Act 1996.
(1) This section applies to a person if:
(a) the person was a carrier (within the meaning of the
Telecommunications Act 1991 (the 1991 Act)) immediately
before 1 July 1997; and
(b) the person was the subject of an order under subsection 281(6) of the
1991 Act, or of a direction under subsection 282(1) of the 1991 Act, that was in
force immediately before 1 July 1997; and
(c) in the case of a direction given to the person under subsection 282(1)
of the 1991 Act—the person has not complied with the direction before
1 July 1997.
(2) Despite the repeal of the 1991 Act by this Act, the order and the
direction continue to apply, in relation to the person, on and after 1 July
1997, as if subsection 281(6) and section 282 of the 1991 Act had not been
repealed.
(3) After 30 June 1997, the person must comply with the order or
direction, as the case may be.
(4) Part 1 of Schedule 1 to the Telecommunications Act 1996 has
effect as if subsection (3) of this section were a section of the
Telecommunications Act 1996.
(5) After 30 June 1997, the ACA may revoke or vary the order or direction
in accordance with section 33 of the Acts Interpretation Act
1901.
(6) In this section:
ACA means the Australian Communications Authority.
(1) This section applies to a licence that:
(a) was issued under section 271 of the Telecommunications Act
1991; and
(b) was in force immediately before 1 July 1997.
(2) The Telecommunications Act 1996 has effect as if:
(a) the licence were granted by the ACA under section 411 of the
Telecommunications Act 1996 at the beginning of 1 July 1997;
and
(b) if a kind of cabling work to which the licence relates is a type of
cabling work for the purposes of Division 9 of Part 21 of the
Telecommunications Act 1996—the licence were a licence authorising
that type of cabling work; and
(c) each condition of the licence included under subsection 271(2) of the
Telecommunications Act 1991 (other than a condition relating to the
duration of the licence) had been specified under section 416 of the
Telecommunications Act 1996; and
(d) section 411 of the Telecommunications Act 1996 had been
complied with in relation to the grant of the licence.
(3) Subsection (2) does not prevent:
(a) the suspension of the licence in accordance with section 421 of
the Telecommunications Act 1996; or
(b) the cancellation of the licence in accordance with section 422 of
the Telecommunications Act 1996; or
(c) the exercise of the powers conferred by section 416 of the
Telecommunications Act 1996 in relation to the licence.
(4) If a period is specified in the licence as the duration of the
licence, section 415 of the Telecommunications Act 1996 has effect as if
the licence had specified the last day of that period as the day of expiration
of the licence.
(5) In this section:
ACA means the Australian Communications Authority.
(1) This section applies to a declaration that:
(a) was in force under subsection 280(1) of the Telecommunications Act
1991 immediately before 1 July 1997; and
(b) relates to the whole of Division 7 of Part 12 of the
Telecommunications Act 1991.
(2) The Telecommunications Act 1996 has effect as if:
(a) the declaration had been made by the ACA under subsection 423(1)
of the Telecommunications Act 1996 at the beginning of 1 July 1997;
and
(b) a reference in the declaration to Division 7 of Part 12 of the
Telecommunications Act 1991 were a reference to Division 9 of Part 21 of
the Telecommunications Act 1996; and
(c) a reference in the declaration to customer cabling (within the meaning
of the Telecommunications Act 1991) were a reference to customer cabling
(within the meaning of the Telecommunications Act 1996).
(3) This section does not prevent the variation or revocation of a
declaration in accordance with subsection 33(3) of the Acts Interpretation
Act 1901.
(4) In this section:
ACA means the Australian Communications
Authority.
(1) This section applies to information or a document that comes to a
person’s knowledge, or into a person’s possession, if:
(a) the information or document relates to:
(i) the contents or substance of a communication that was carried before 1
July 1997; or
(ii) a communication in the course of telecommunications carriage, where
the communication began before 1 July 1997; or
(iii) telecommunications services supplied, or intended to be supplied,
before 1 July 1997; or
(b) both:
(i) the information or document relates to the affairs or personal
particulars (including any unlisted telephone number or any address) of another
person; and
(ii) the information or document came to the first-mentioned
person’s knowledge, or into the first-mentioned person’s possession,
before 1 July 1997.
(2) Despite the repeal of the Telecommunications Act 1991 by this
Act, section 88 of the Telecommunications Act 1991 continues to apply to
the person, on and after 1 July 1997, in relation to the information or
document.
(3) An expression used in this section and in section 88 of the
Telecommunications Act 1991 has the same meaning in this section as it
has in section 88 of the Telecommunications Act 1991.
(1) Part 13 of the Telecommunications Act 1996 does not apply to
information or a document that comes to a person’s knowledge, or into a
person’s possession, unless:
(a) the information or document relates to:
(i) the contents or substance of a communication that has been carried on
or after 1 July 1997; or
(ii) the contents or substance of a communication that is being carried on
or after 1 July 1997 (including a communication that has been collected or
received but has not been delivered); or
(iii) carriage services supplied, or intended to be supplied, on or after
1 July 1997; or
(b) both:
(i) the information or document relates to the affairs or personal
particulars (including any unlisted telephone number or any address) of another
person; and
(ii) the information or document came to the first-mentioned
person’s knowledge, or into the first-mentioned person’s possession,
on or after 1 July 1997.
(2) An expression used in this section and in Part 13 of the
Telecommunications Act 1996 has the same meaning in this section as it
has in Part 13 of the Telecommunications Act 1996.
(1) This section applies to a review, or a report, that relates to a
matter that occurred during the financial year ending on 30 June
1997.
(2) Despite the repeal of the Telecommunications Act 1991 by this
Act, section 399 of the Telecommunications Act 1991 continues to apply,
on and after 1 July 1997, in relation to the review or report, as
if:
(a) that repeal had not been made; and
(b) a reference in subsection 399(1) of the Telecommunications Act
1991 to AUSTEL were a reference to the ACCC; and
(c) a reference in subsections 399(2) and (3) of the Telecommunications
Act 1991 to AUSTEL were a reference to the ACA; and
(d) a reference in subsection 399(4) of the Telecommunications Act
1991 to AUSTEL, in so far as the reference relates to a report under
subsection 399(1) of that Act, were a reference to the ACCC; and
(e) a reference in subsection 399(4) of the Telecommunications Act
1991 to AUSTEL, in so far as the reference relates to a report under
subsection 399(2) of that Act, were a reference to the ACA.
(3) In this section:
ACA means the Australian Communications Authority.
ACCC means the Australian Competition and Consumer
Commission.
AUSTEL means the Australian Telecommunications
Authority.
Before 1 July 1997, Part XIB of the Trade Practices Act 1974 has
effect as if:
(a) a reference in that Part to a carrier were a reference to a carrier
(within the meaning of the Telecommunications Act 1991); and
(b) a reference in section 86 of the Telecommunications Act 1996 to
a carrier were a reference to a carrier (within the meaning of the
Telecommunications Act 1991).
(1) The numbering plan may contain a declaration that a specified number
is taken to have been allocated to a specified person at the beginning of 1 July
1997.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(2) The declaration has effect accordingly. However, the declaration is to
be disregarded for the purposes of Part 2 of the Telecommunications
(Numbering Charges) Act 1996.
(3) If a number is taken to have been allocated because of the
declaration, this section does not prevent:
(a) the subsequent transfer of the number; or
(b) the subsequent surrender of the number; or
(c) the subsequent withdrawal of the number;
in accordance with the numbering plan.
(4) In this section:
allocation, in relation to a number, means the allocation of
the number under the authority of the numbering plan.
number has the same meaning as in Division 2 of Part 22 of
the Telecommunications Act 1996.
numbering plan has the same meaning as in the
Telecommunications Act 1996.
Section 444 of the Telecommunications Act 1996 does not apply to
an instrument made before 1 July 1997.
(1) This section applies if:
(a) an eligible provision confers, or will confer, a power on the ACA;
and
(b) assuming that Part 3 of Australian Communications Authority Act
1996 had commenced at the commencement of this section, section 4 of the
Acts Interpretation Act 1901 would have authorised the ACA to:
(i) exercise that power; or
(ii) do a particular thing in relation to the exercise of that
power;
before 1 July 1997.
(2) Section 4 of the Acts Interpretation Act 1901 is taken to
authorise AUSTEL to exercise that power, or do that thing, before 1 July 1997 as
if a reference in that eligible provision to the ACA were a reference to
AUSTEL.
(3) Anything done by AUSTEL in accordance with this section before 1 July
1997 has effect, on and after 1 July 1997, as if it had been done by the
ACA.
In this Division:
ACA means the Australian Communications Authority.
AUSTEL means the Australian Telecommunications
Authority.
eligible provision means:
(a) a provision of the Telecommunications Act 1996 (other than
section 56); or
(b) a provision of Division 5 of Part 5 of the Australian
Communications Authority Act 1996; or
(c) a provision of Part 7 of the Australian Communications Authority
Act 1996.
(1) This section applies to a determination in force under subsection
16(1) of the Telecommunications Act 1991 immediately before the
commencement of Part 2 of the Telecommunications Act 1996.
(2) The Telecommunications Act 1996 has effect as if:
(a) the determination had been made by the Minister under subsection 40(1)
of the Telecommunications Act 1996 immediately after the commencement of
that subsection; and
(b) a reference in the determination to the Telecommunications Act
1991 were a reference to the Telecommunications Act 1996;
and
(c) a reference in the determination to section 13 of the
Telecommunications Act 1991 were a reference to section 37 of the
Telecommunications Act 1996; and
(d) a reference in the determination to paragraph 12(3)(b) of the
Telecommunications Act 1991 were a reference to paragraph 36(3)(b) of the
Telecommunications Act 1996.
(3) Subsection (2) does not prevent the determination referred to in that
subsection from being varied or revoked in accordance with subsection 33(3) of
the Acts Interpretation Act 1901.
(1) Despite the repeal of the Telecommunications Act 1991 by this
Act, sections 95 and 186 of that Act continue to apply, on and after 1 July
1997, in relation to a contravention that occurred before that date, as
if:
(a) those sections of that Act had not been repealed; and
(b) a person who was a carrier immediately before 1 July 1997 had remained
a carrier on and after that date; and
(c) in the case of section 95 of that Act—a reference in that
section to AUSTEL included a reference to the ACA.
(2) A reference in this section to section 95 of the Telecommunications
Act 1991 includes a reference to section 395 of that Act, in so far as
section 395 of that Act applies to section 95 of that Act.
(3) A reference in this section to section 186 of the
Telecommunications Act 1991 includes a reference to section 395 of that
Act, in so far as section 395 of that Act applies to section 186 of that
Act.
(4) In this section:
ACA means the Australian Communications Authority.
AUSTEL means the Australian Telecommunications
Authority.
(1) This section applies to a notice in force under subsection 73A(3) of
the Telecommunications Act 1991 immediately before 1 July 1997.
(2) The Telecommunications Act 1996 has effect as if the notice had
been given under section 307 of the Telecommunications Act 1996 at the
beginning of 1 July 1997.
(3) Subsection (2) does not apply to the notice unless the notice would
have been authorised by section 307 of the Telecommunications Act 1996 if
it had been given under that section at the beginning of 1 July 1997.
(4) Subsection (2) does not prevent the notice referred to in that
subsection from being varied or revoked in accordance with subsection 33(3) of
the Acts Interpretation Act 1901.
(1) This section applies to a plan in force under clause 2.2 of the 1992
Public Mobile Licences Declaration immediately before 1 July 1997.
(2) The Telecommunications Act 1996 has effect as if the plan had
been determined by the Minister under subsection 346(2) of the
Telecommunications Act 1996 at the beginning of 1 July 1997.
(3) Subsection (3) does not prevent the plan referred to in that
subsection from being varied or revoked in accordance with subsection 33(3) of
the Acts Interpretation Act 1901.
(4) In this section:
1992 Public Mobile Licences Declaration means the
Telecommunications (Public Mobile Licences) Declaration (No. 1) of 1992 made
under section 64 of the Telecommunications Act 1991.
(1) This section applies to a technical standard in force under section
246 of the Telecommunications Act 1991 immediately before 1 July
1997.
(2) The Telecommunications Act 1996 has effect as if:
(a) the standard had been determined by the ACA under section 361 of
the Telecommunications Act 1996 at the beginning of 1 July 1997;
and
(b) a reference in the standard to customer equipment (within the meaning
of the Telecommunications Act 1991) were a reference to customer
equipment (within the meaning of the Telecommunications Act 1996);
and
(c) a reference in the standard to customer cabling (within the meaning of
the Telecommunications Act 1991) were a reference to customer cabling
(within the meaning of the Telecommunications Act 1996); and
(d) the ACA had complied with the requirements of section 363 of the
Telecommunications Act 1996 in relation to the making of the
standard.
(3) Subsection (2) does not apply to the standard unless the standard
would have been consistent with the requirements of subsection 361(2) of
the Telecommunications Act 1996 if it had been made at the beginning of 1
July 1997.
(4) This section does not prevent the variation or revocation of a
standard in accordance with subsection 33(3) of the Acts Interpretation Act
1901.
(1) This section applies to a BCS tariff of a person that was in force
immediately before 1 July 1997.
(2) Part 23 of the Telecommunications Act 1996 has effect, during
the transitional period, as if the BCS tariff were a standard form of agreement
that had been formulated by the person for the purposes of section 463 of that
Act at the beginning of 1 July 1997.
(3) Subsection (2) does not prevent the agreement referred to in that
subsection from being varied or revoked.
(4) The person is not required by section 465 of the Telecommunications
Act 1996 to give the ACA a copy of the agreement referred to in subsection
(2).
(5) For the purposes of the application of this section to a particular
BCS tariff, the transitional period is the period:
(a) beginning on 1 July 1997; and
(b) ending at the earliest of the following times:
(i) the end of 31 December 1997;
(ii) the time when the tariff is varied;
(iii) the time when the tariff is revoked.
(6) In this section:
ACA means the Australian Communications Authority.
BCS tariff has the same meaning as in the
Telecommunications Act 1991, as in force before 1 July
1997.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended as set out in the applicable items in the Schedule concerned, and
any other item in a Schedule to this Act has effect according to its
terms.
Australian
Broadcasting Corporation Act 1983
1 Subsection 77(2)
Omit all the words after “imposed on a”, substitute
“carrier under Schedule 3 to the Telecommunications Act 1996 to
install or maintain a facility”.
2 At the end of section 77
Add:
(3) In subsection (2):
carrier has the same meaning as in the Telecommunications
Act 1996.
facility has the same meaning as in the Telecommunications
Act 1996.
maintenance, in relation to a facility, has the same meaning
as in clause 6 of Schedule 3 to the Telecommunications Act
1996.
Australian
National Railways Commission Act 1983
3 Paragraph 16(4)(c)
Repeal the paragraph, substitute:
(c) alter the position of any electricity cable or wire; or
(d) alter the position of any line (within the meaning of the
Telecommunications Act 1996);
4 Subsection 16(4)
Omit “or wire”, substitute “, wire or
line”.
Australian
Postal Corporation Act 1989
5 Section 11
Omit “Telecommunications Act 1991”, substitute
“Telecommunications Act 1996”.
6 Paragraph 18(da)
Repeal the paragraph, substitute:
(da) to supply:
(i) carriage services (within the meaning of the Telecommunications Act
1996); and
(ii) content services (within the meaning of that Act); and
Broadcasting
Services Act 1992
7 Subsection 6(1) (definition of
line)
Repeal the definition, substitute:
line has the same meaning as in the Telecommunications Act
1996.
8 Subsection 6(1) (definition of
SMA)
Repeal the definition.
9 Subsection 6(1) (definition of subscription
television satellite)
Omit “operated”, substitute “that was, at any time before
1 July 1997, operated”.
10 Subsection 6(1) (definition of
telecommunications carrier)
Repeal the definition, substitute:
telecommunications carrier means a carrier (within the
meaning of the Telecommunications Act 1996).
11 Subsection 6(1)
Insert:
ACA means the Australian Communications Authority.
12 Paragraph 158(a)
Omit “the SMA”, substitute “the ACA”.
13 Paragraph 171(2)(b)
Omit “a telecommunications service”, substitute “a
carriage service or a content service”.
14 Subsection 171(3)
Repeal the subsection, substitute:
(3) In this section:
carriage service has the same meaning as in the
Telecommunications Act 1996.
content service has the same meaning as in the
Telecommunications Act 1996.
The
Corporations Law set out in section 82 of the Corporations Act
1989
15 Subsection 600F(2) (paragraph (d) of the
definition of essential service)
Repeal the paragraph, substitute:
(d) a carriage service (within the meaning of the Telecommunications
Act 1996);
16 Subsection 76A(1) (definition of
carrier)
Repeal the definition, substitute:
carrier means:
(a) a carrier (within the meaning of the Telecommunications Act
1996); or
(b) a carriage service provider (within the meaning of that
Act).
17 Section 85S
Omit “telecommunications service” (wherever occurring),
substitute “carriage service”.
18 Section 85S
Add at the end:
(2) In subsection (1):
carriage service has the same meaning as in the
Telecommunications Act 1996.
19 Part VIIB (heading)
Repeal the heading, substitute:
20 Section 85ZB (definition of
carrier)
Repeal the definition, substitute:
carrier means:
(a) a carrier (within the meaning of the Telecommunications Act
1996); or
(b) a carriage service provider (within the meaning of that
Act).
21 Section 85ZB (definition of
telecommunications network)
Repeal the definition.
22 Section 85ZB (definition of
telecommunications service)
Repeal the definition.
23 Section 85ZBA
Omit “general carrier or a mobile”.
Note: The heading to section 85ZBA of the Crimes Act
1914 is altered by omitting “general or
mobile”.
24 Section 85ZC
Omit “Telecommunications Act 1991”, substitute
“Telecommunications Act 1996”.
25 Section 85ZC
Add at the end:
(2) For the purposes of the application of the Telecommunications Act
1996 to this Part, it is to be assumed that a reference in that Act to
communication does not include a reference to communication solely by means of
radiocommunication.
26 Section 85ZD
Omit “telecommunications service”, substitute “carriage
service”.
27 Section 85ZE
Omit “telecommunications service” (wherever occurring),
substitute “carriage service”.
Note: The heading to section 85ZE of the Crimes Act
1914 is altered by omitting “telecommunications
services” and substituting “carriage
services”.
28 Section 85ZF
Omit “telecommunications service” (wherever occurring),
substitute “carriage service”.
29 Subsection 85ZG(1)
Omit “telecommunications service”, substitute “carriage
service”.
Note: The heading to section 85ZG of the Crimes Act
1914 is altered by omitting “telecommunications
services” and substituting “carriage
services”.
30 Subsection 85ZG(2)
Omit “telecommunications service”, substitute “carriage
service”.
31 Subsection 85ZK(2)
Omit “section 253 of the Telecommunications Act 1991”,
substitute “section 395 of the Telecommunications Act
1996”.
32 Subsection 85ZKA(1)
Omit “telecommunications services”, substitute “carriage
services”.
33 Paragraph 85ZKA(2)(a)
Omit “section 253 of the Telecommunications Act 1991”,
substitute “section 395 of the Telecommunications Act
1996”.
34 Paragraph 85ZKA(2)(b)
Omit “telecommunications service”, substitute “carriage
service”.
35 Paragraph 12(3)(c)
Repeal the paragraph, substitute:
(c) alter the position of any electricity cable or wire; or
(d) alter the position of any line (within the meaning of the
Telecommunications Act 1996);
36 Subsection 12(3)
Omit “or wire”, substitute “, wire or
line”.
Legislative
Instruments Act 1996
37 Schedule 2 (table row relating to the
Radiocommunications (Permit Tax) Act 1983)
Repeal the row.
38 Schedule 2 (table rows relating to the
Telecommunications Act 1991, the Telecommunications (Application Fees)
Act 1991 and the Telecommunications (Carrier Licence Fees) Act
1991)
Repeal the rows, substitute:
|
Telecommunications Act 1996 |
|
Telecommunications (Carrier Licence Charges) Act 1996 |
39 Schedule 2 (table rows relating to the
Telecommunications (Numbering Fees) Act 1991, the Telecommunications
(Public Mobile Licence Charge) Act 1992 and the Telecommunications
(Universal Service Levy) Act 1991)
Repeal the rows, substitute:
|
Telecommunications (Numbering Charges) Act 1996 |
|
Telecommunications (Universal Service Levy) Act 1996 |
40 Subsections 6(4D) and
(4E)
Omit “AUSTEL” (wherever occurring), substitute “the
ACA”.
41 Subsections 6(4D) and
(4E)
Omit “Part 15 of the Telecommunications Act 1991”
(wherever occurring), substitute “Part 26 of the Telecommunications Act
1996”.
42 Subsection 6(4F)
Repeal the subsection, substitute:
(4F) In subsections (4D) and (4E):
ACA means the Australian Communications Authority.
Radiocommunications
Taxes Collection Act 1983
43 Section 4 (paragraph (a) of the definition of
tax)
Repeal the paragraph.
44 Subsection 7A(1)
Omit “SMA”, substitute “ACA”.
45 Section 10A
Omit “SMA”, substitute “ACA”.
46
Transitional—determinations
(1) This item applies to a determination that was in force under section 7A
of the Radiocommunications Taxes Collection Act 1983 immediately before
the commencement of this item.
(2) The Radiocommunications Taxes Collection Act 1983 has effect,
after the commencement of this item, as if the determination had been made by
the ACA under section 7A of the Radiocommunications Taxes Collection Act 1983
as amended by this Act.
(3) This item does not prevent the variation or revocation of the
determination.
47
Transitional—arrangements
(1) This item applies to an arrangement that was in force under
section 10A of the Radiocommunications Taxes Collection Act 1983
immediately before the commencement of this item.
(2) The Radiocommunications Taxes Collection Act 1983 has effect,
after the commencement of this item, as if the arrangement had been entered into
by the ACA under section 10A of the Radiocommunications Taxes Collection Act
1983 as amended by this Act.
(3) This item does not prevent the variation or termination of the
arrangement.
48 Schedule
Omit “Telecommunications Act 1991”, substitute
“Telecommunications Act 1996”.
Special
Broadcasting Service Act 1991
49 Subsection 72(3)
Omit all the words after “imposed on a”, substitute
“carrier under Schedule 3 to the Telecommunications Act 1996 to
install or maintain a facility”.
50 At the end of section 72
Add:
(4) In subsection (3):
carrier has the same meaning as in the Telecommunications
Act 1996.
facility has the same meaning as in the Telecommunications
Act 1996.
maintenance, in relation to a facility, has the same meaning
as in clause 6 of Schedule 3 to the Telecommunications Act
1996.
Telecommunications
(Interception) Act 1979
51 Subsection 5(1) (definition of
carrier)
Repeal the definition, substitute:
carrier means:
(a) a carrier (within the meaning of the Telecommunications Act
1996); or
(b) a carriage service provider (within the meaning of that
Act).
52 Subsection 5(1) (definition of
equipment)
Repeal the definition, substitute:
equipment means any apparatus or equipment used, or intended
for use, in or in connection with a telecommunications network, but does not
include a line.
53 Subsection 5(1) (definition of
facility)
Repeal the definition, substitute:
facility has the same meaning as in the Telecommunications
Act 1996.
54 Subsection 5(1) (definition of
line)
Repeal the definition, substitute:
line has the same meaning as in the Telecommunications Act
1996.
55 Subsection 5(3)
Repeal the subsection, substitute.
(3) For the purposes of this Act, the question whether equipment, or a
line or other facility, is connected to a telecommunications network is to be
determined in the same manner as that question is determined for the purposes of
the Telecommunications Act 1996.
56 Section 3
Insert:
ACA means the Australian Communications Authority.
57 Section 3
Insert:
ACCC means the Australian Competition and Consumer
Commission.
58 Subsection 9(4)
Omit “or order made, by AUSTEL”, substitute “made, by the
ACA”.
59 Subsection 9(4)
Omit “Telecommunications Act 1991”, substitute
“Telecommunications Act 1996”.
60 Subsection 19(1) (definition of carrier
charge)
Repeal the definition, substitute:
carrier charge means:
(a) a charge for a carriage service, or a content service, supplied by a
carrier; or
(b) a charge for a facility supplied by a carrier.
61 Subsection 19(2)
Omit “Telecommunications Act 1991”, substitute
“Telecommunications Act 1996”.
62 Section 22
Omit “AUSTEL” (wherever occurring), substitute “the
ACCC”.
63 Subsection 24(2)
Omit “AUSTEL”, substitute “the ACCC”.
64 Subsection 24(3)
Omit “AUSTEL”, substitute “The ACCC”.
65 Subsection 24(4)
Omit “AUSTEL’s”, substitute “the
ACCC’s”.
66 Transitional—certain acts of AUSTEL to
be attributed to the ACCC
(1) This item applies to anything done by, or in relation to, AUSTEL under
section 22 or 24 of the Telstra Corporation Act 1991 before the
commencement of this item.
(2) The Telstra Corporation Act 1991 has effect, after the
commencement of this item, as if the thing had been done by, or in relation to,
the ACCC.
Part
1—Merger of the SMA and the ACA
1 Paragraph 4(e)
Omit all the words after “enforcement of this”, substitute
“Act.”
2 Section 5
Insert:
ACA means the Australian Communications Authority.
3 Section 5 (definition of
SMA)
Repeal the definition.
4 Subsection 231(2)
Repeal the subsection, substitute:
(2) Part 5.1 provides for the ACA to delegate certain powers to
authorities of the Commonwealth.
5 Part 5.1 (heading)
Repeal the heading, substitute:
6 Division 1 of Part 5.1
(heading)
Repeal the heading.
7 Sections 232, 233, 234, 235, 236 and
237
Repeal the sections.
8 Subsection 238(1)
Repeal the subsection, substitute:
(1) The powers conferred on the ACA by this section are in addition to the
powers conferred by section 49 of the Australian Communications Authority Act
1996.
9 Subsections 238(2) and
(3)
Omit “Spectrum Manager may”, substitute “ACA may, by
writing,”.
10 Division 2 of Part 5.1
Repeal the Division.
11 General amendments
The following provisions of the Radiocommunications Act 1992 are
amended by omitting “SMA” (wherever occurring), and
“SMA’s” (wherever occurring) and substituting
“ACA” or “ACA’s” respectively:
(a) Chapter 1 (other than the definition of SMA in section
5);
(b) Chapter 2;
(c) Chapter 3 (other than paragraph 101(1)(b));
(d) Chapter 4 (other than subsections 163(2) and 167(3) and sections 183
and 184);
(e) Chapter 5 (other than sections 232, 233, 234, 235, 236 and 237,
subsection 238(1) and Division 2 of Part 5.1);
(f) Chapter 6;
(g) the Schedule.
Note: The headings to the sections of the
Radiocommunications Act 1992 are altered by omitting
“SMA” (wherever occurring) and
“SMA’s” (wherever occurring) and substituting
“ACA” or “ACA’s”
respectively.
Part
2—Consequential amendments
12 Paragraphs 7(2)(b) and
(3)(b)
Omit “Telecommunications Act 1991”, substitute
“Telecommunications Act 1996”.
13 Paragraph 67(a)
Omit “293”, substitute “52 of the Australian
Communications Authority Act 1996”.
14 Subparagraph
107(1)(c)(i)
Omit “293”, substitute “52 of the Australian
Communications Authority Act 1996”.
15 Subparagraph
109(1)(b)(i)
Omit “293”, substitute “52 of the Australian
Communications Authority Act 1996”.
16 Paragraph 146(2)(b)
Omit “293”, substitute “52 of the Australian
Communications Authority Act 1996”.
17 Subparagraph
157(2)(d)(iii)
Repeal the subparagraph, substitute:
(iii) carriage services (within the meaning of the Telecommunications
Act 1996); or
18 Subparagraph
158(2)(d)(iii)
Repeal the subparagraph, substitute:
(iii) carriage services (within the meaning of the Telecommunications
Act 1996); or
19 Paragraph 263(1)(b)
Omit “293”, substitute “52 of the Australian
Communications Authority Act 1996”.
20 Section 293
Repeal the section.
21 Transitional—charge
determinations
(1) This item applies to a determination that:
(a) was in force under section 293 of the Radiocommunications Act
1992 immediately before the commencement of this item; and
(b) related to a matter in relation to which expenses are incurred by the
SMA under that Act or under regulations under that Act.
(2) The Australian Communications Authority Act 1996 has effect,
after the commencement of this item, as if:
(a) the determination had been made by the ACA under section 52 of
that Act immediately after the commencement of this item; and
(b) each reference in the determination to the SMA were a reference to the
ACA.
(3) This item does not prevent the variation or revocation of the
determination.
22 Subsection 258(2)
Repeal the subsection, substitute:
(2) The ACA must make copies of the discussion paper available at each of
the ACA’s offices. The ACA may charge a reasonable price for supplying
copies of the discussion paper in accordance with this subsection.
(3) The ACA may otherwise publish the discussion paper, including in
electronic form. The ACA may charge for supplying a publication under this
subsection in accordance with a determination under section 52 of the
Australian Communications Authority Act 1996.
23 Section 261
Repeal the section, substitute:
(1) The ACA may hold hearings for the purposes of a public
inquiry.
(2) Hearings may be held, for example:
(a) in order to receive submissions about the matter to which the inquiry
relates; or
(b) in order to provide a forum for public discussion of issues relevant
to that matter.
(3) At a hearing, the ACA may be constituted by:
(a) a member or members determined in writing by the Chairman for the
purposes of that hearing; or
(b) if the functions and powers of the ACA in relation to the hearing have
been delegated to a person under section 49 of the Australian Communications
Authority Act 1996—that person.
(4) The Chairman is to preside at all hearings at which he or she is
present.
(5) If, at a hearing:
(a) the ACA is not constituted by a delegate referred to in paragraph
(3)(b); and
(b) the Chairman is not present at the hearing;
the member specified, in an instrument under paragraph (3)(a), as the
member who is to preside at the hearing is to preside.
(6) The ACA may regulate the conduct of proceedings at a hearing as it
thinks appropriate.
(1) This section applies to a hearing conducted under this Part.
(2) The basic rule is that the hearing must take place in
public.
(3) However, the hearing, or a part of the hearing, may be conducted in
private if the ACA is satisfied that:
(a) evidence that may be given, or a matter that may arise, during the
hearing or a part of the hearing is of a confidential nature; or
(b) hearing a matter, or part of a matter, in public would not be
conducive to the due administration of this Act.
(4) If the hearing is to be conducted in public, the ACA must give
reasonable public notice of the conduct of the hearing.
(1) This section applies to a hearing conducted under this Part.
(2) If:
(a) the hearing, or a part of the hearing, takes place in public;
and
(b) the ACA is of the opinion that:
(i) evidence or other material presented to the hearing; or
(ii) material in a written submission lodged with the ACA;
is of a confidential nature;
the ACA may order that:
(c) the evidence or material not be published; or
(d) its disclosure be restricted.
(3) A person must not, without reasonable excuse, fail to comply with an
order under subsection (2).
(4) A person who intentionally or recklessly contravenes subsection (3) is
guilty of an offence punishable on conviction by a fine not exceeding 50 penalty
units.
(1) This section applies to a hearing conducted under this Part.
(2) If the hearing, or a part of the hearing, takes place in private, the
ACA:
(a) must give directions as to the persons who may be present at the
hearing or the part of the hearing; and
(b) may give directions restricting the disclosure of evidence or other
material presented at the hearing or the part of the hearing.
(3) A person must not, without reasonable excuse, fail to comply with a
direction under subsection (2).
(4) A person who intentionally or recklessly contravenes subsection (3) is
guilty of an offence punishable on conviction:
(a) in the case of a direction under paragraph (2)(a)—by a fine not
exceeding 10 penalty units; or
(b) in the case of a direction under paragraph (2)(b)—by a fine not
exceeding 50 penalty units.
(1) If the ACA holds a public inquiry, the ACA must prepare a report
setting out its findings as a result of the inquiry.
(2) If the inquiry was held because of a direction given by the Minister
under section 256, the ACA must give a copy of the report to the
Minister.
(3) If the inquiry was held otherwise than because of a direction given by
the Minister under section 256, the ACA must publish the report.
(4) The ACA is not required to include in a report any material:
(a) that is of a confidential nature; or
(b) the disclosure of which is likely to prejudice the fair trial of a
person; or
(c) that is the subject of an order or direction under section 261B or
261C.
Part
4—Standards and other technical regulation
24 Section 5
Insert:
apply, in relation to a label, has a meaning affected by
section 9A.
25 Section 5
Insert:
label has a meaning affected by section 9A.
26 Section 5 (definition of compliance
certificate)
Repeal the definition.
27 Section 5 (definition of recognised
testing authority)
Repeal the definition.
28 After section 9
Insert:
(1) A reference in this Act to a label includes a reference
to a statement.
(2) For the purposes of this Act, a label is taken to be
applied to a thing if:
(a) the label is affixed to the thing; or
(b) the label is woven in, impressed on, worked into or annexed to the
thing; or
(c) the label is affixed to a container, covering, package, case, box or
other thing in or with which the first-mentioned thing is supplied; or
(d) the label is affixed to, or incorporated in, an instruction or other
document that accompanies the first-mentioned thing.
29 Paragraph 101(1)(b)
Omit “SMA, or a person authorised by the SMA,”, substitute
“ACA, or a recognised testing authority,”.
30 Paragraph 163(1)(a)
Omit “standard”, substitute “standard (either directly,
or indirectly by means of a report under paragraph (2)(g))”.
31 Subsections 163(2) and
(3)
Repeal the subsections, substitute:
(2) The ACA may make an arrangement with any of the following bodies or
associations:
(a) the Standards Association of Australia;
(b) a body or association approved in writing by the Standards Association
of Australia for the purposes of this subsection;
(c) a body or association specified in a written determination made by the
ACA for the purposes of this subsection;
under which the body or association:
(d) prepares a draft of a standard; and
(e) publishes the draft standard; and
(f) undertakes a process of public consultation on the draft standard;
and
(g) reports to the ACA on the results of that process of public
consultation.
(3) A copy of an approval under paragraph (2)(b) is to be published in the
Gazette.
(4) A copy of a determination under paragraph (2)(c) is to be published in
the Gazette.
32 Paragraph 164(b)
Omit “published”, substitute “notified”.
33 Subsection 165(1)
Omit “Subject to subsection (2), a standard”, substitute
“A standard”.
34 Subsection 165(2)
Repeal the subsection.
35 Subsection 167(3)
Repeal the subsection, substitute:
(3) In deciding whether to issue a permit, the ACA may have regard to
whether the purpose for which the permit is sought is a purpose related
to:
(a) education or research; or
(b) testing of devices; or
(c) demonstration of devices.
(3A) In deciding whether to issue a permit, the ACA must have regard to
the protection of the health or safety of persons who:
(a) operate devices; or
(b) work on devices; or
(c) use services supplied by means of devices; or
(d) are otherwise reasonably likely to be affected by the operation of
devices.
(3B) Subsections (3) and (3A) do not, by implication, limit the matters to
which the ACA may have regard.
36 Paragraph 169(4)(a)
Repeal the paragraph, substitute:
(a) if:
(i) there is in force a written determination made by the ACA that is
expressed to apply in relation to all permits or in relation to a class of
permits in which the permit is included; and
(ii) the determination specifies a period longer than 12 months in
relation to all permits or in relation to a class of permits in which the permit
is included;
a day within that longer period; or
37 At the end of section
169
Add:
(5) A determination under paragraph (4)(a) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
(6) The ACA may, by written notice given to the holder of a permit,
declare that the permit has effect as if the permit had specified a day
specified in the notice as the day of expiration of the permit. The declaration
has effect accordingly.
(7) The day specified in a notice under subsection (5) must:
(a) be later than the day on which the notice was given to the holder;
and
(b) comply with the rules set out in subsection (4).
38 After section 169
Insert:
(1) If:
(a) apart from this section, the operation of subsection 169(6) would
result in the acquisition of property from a person otherwise than on just
terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to
the person in respect of the acquisition.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court for the
recovery from the Commonwealth of such reasonable amount of compensation as the
court determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
39 Subparagraph
171(3)(b)(i)
Omit “must”, substitute “may”.
40 After subparagraph
171(3)(b)(i)
Insert:
(ia) any matter to which the ACA must, under subsection 167(3A), have
regard in deciding whether to issue a permit; and
41 Subsection 182(1)
Omit “affix”, substitute “apply”.
Note: The heading to section 182 of the
Radiocommunications Act 1992 is altered by omitting
“affix” and substituting
“apply”.
42 Subsection 182(1B)
Omit “affix”, substitute “apply”.
43 After subsection 182(2)
Insert:
(2A) The method of applying the label to the device must be as specified
by the ACA in the instrument.
44 Subsection 182(3)
Omit “requirements of laws of another country”,
substitute:
requirements of:
(a) a specified law of a foreign country; or
(b) a specified instrument in force under a law of a foreign country;
or
(c) a specified convention, treaty or international agreement;
or
(d) a specified instrument in force under a specified convention, treaty
or international agreement;
45 Subsection 182(4)
Repeal the subsection, substitute:
(4) The notice may specify requirements that must be met before a label
can be applied, including (but not limited to):
(a) a requirement that, before a manufacturer or importer applies the
label, the manufacturer or importer must have obtained a written statement from
a certification body certifying that the device complies with the standard or
class licence specified in the notice; and
(b) a requirement that, before a manufacturer or importer applies the
label, the device must have been tested by a recognised testing authority for
compliance with the standard or class licence specified in the notice;
and
(c) a requirement that, before a manufacturer or importer applies the
label, the manufacturer or importer must have obtained a written statement from
a competent body certifying that reasonable efforts have been made to avoid
contravention of the standard or class licence specified in the notice;
and
(d) a requirement that, before a manufacturer or importer applies the
label, the manufacturer or importer must make a written declaration in relation
to the device, being a declaration in a form specified in the notice.
Note 1: Certification body is defined by
section 183A.
Note 2: Competent body is defined by section
183.
Note 3: Recognised testing authority is
defined by section 183.
46 Subsection 182(4A)
Omit “affixed”, substitute “applied”.
47 Subsection 182(4A)
Omit “, records of”.
48 Paragraph 182(4A)(a)
Before “the quality”, insert “records
of”.
49 Paragraph 182(4A)(b)
Before “any results”, insert “records
of”.
50 Paragraph 182(4A)(b)
Omit “class licence.”, substitute “class licence;
and”.
51 Subsection 182(4A)
Add at the end:
(c) a declaration, or a copy of the declaration, made as mentioned in
paragraph (4)(d).
52 Subsection 182(6)
Repeal the subsection.
53 Section 183
Repeal the section, substitute:
(1) The ACA may, by notice in the Gazette, determine that a
specified person or association is an accreditation body for the
purposes of this section. The determination has effect accordingly.
(2) An accreditation body may, by written instrument, determine that a
specified person is a recognised testing authority for the
purposes of this Division. The determination has effect accordingly.
(3) An accreditation body may, by written instrument, determine that a
specified person or association is a competent body for the
purposes of this Division. The determination has effect accordingly.
(1) The ACA may, by notice published in the Gazette, determine that
a specified person or association is an approving body for the
purposes of this section. The determination has effect accordingly.
(2) An approving body may, by written instrument, determine that a
specified person or association is a certification body for the
purposes of this Division. The determination has effect accordingly.
54 Section 184
Repeal the section.
55 Section 185
Repeal the section.
56 Paragraph 186(b)
Omit “affix”, substitute “apply”.
57 Section 186
Omit “sell or” (wherever occurring).
58 Section 186
Omit “affixed”, substitute “applied”.
59 Section 187
Omit “affixing”, substitute “applying”.
60 Section 187
Omit “affix”, substitute “apply”.
Note: The heading to section 187 of the
Radiocommunications Act 1992 is altered by omitting
“Affixing” and substituting
“Applying”.
61 Section 187A
Omit “affixed”, substitute “applied”.
62 After section 188
Insert:
(1) A person must not:
(a) use in relation to a business, trade, profession or occupation;
or
(b) apply, as a trade mark or otherwise, to goods imported, manufactured,
produced, sold, offered for sale or let on hire; or
(c) use in relation to:
(i) goods or services; or
(ii) the promotion, by any means, of supply or use of goods or
services;
a protected symbol, or a symbol so closely resembling a protected symbol as
to be likely to be mistaken for it.
(2) A person who intentionally or recklessly contravenes subsection (1) is
guilty of an offence punishable on conviction by a fine not exceeding 30 penalty
units.
(3) Nothing in subsection (1) limits anything else in that
subsection.
(4) Nothing in subsection (1), so far as it applies in relation to a
protected symbol, affects rights conferred by law on a person in relation
to:
(a) a trade mark that is registered under the Trade Marks Act 1995;
or
(b) a design that is registered under the Designs Act
1906;
and was so registered immediately before 16 August 1996 in relation to the
symbol.
(5) Nothing in this section, so far as it applies to a protected symbol,
affects the use, or rights conferred by law relating to the use, of the symbol
by a person in a particular manner if, immediately before 16 August 1996, the
person:
(a) was using the symbol in good faith in that manner; or
(b) would have been entitled to prevent another person from passing off,
by means of the use of the symbol or a similar symbol, goods or services as the
goods or services of the first-mentioned person.
(6) This section does not apply to a person who uses or applies a
protected symbol for the purposes of labelling a device in accordance with
section 182 of this Act or labelling customer equipment or customer cabling in
accordance with section 391 of the Telecommunications Act 1996.
(7) This section does not apply to a person who uses or applies a
protected symbol for a purpose of a kind specified in a written determination
made by the ACA.
(8) A reference in this section to a protected symbol is a
reference to:
(a) the symbol known in the radiocommunications community as the C-Tick
mark:
(i) the design of which is set out in a written determination made by the
ACA; and
(ii) a purpose of which, after the commencement of this section, is to
indicate compliance by a device with:
(A) any applicable standards; and
(B) any applicable class licences; or
(b) a symbol:
(i) the design of which is set out in a written determination made by the
ACA; and
(ii) a purpose of which, after the commencement of this section, is to
indicate compliance by a device with:
(A) any applicable standards; and
(B) any applicable class licences; or
(c) a symbol:
(i) the design of which is set out in a written determination made by the
ACA; and
(ii) a purpose of which, after the commencement of this section, is to
indicate non-compliance by a device with:
(A) applicable standards; and
(B) any applicable class licences.
(9) For the purposes of this Division, if:
(a) a label is applied to a device; and
(b) the label embodies a symbol referred to in paragraph (8)(a), or
(b);
the label is taken to indicate that the device meets the requirements
of:
(c) each applicable standard; and
(d) each applicable class licence.
(10) For the purposes of this Division, if:
(a) a label is applied to a device; and
(b) the label embodies a symbol referred to in paragraph (8)(c);
the label is taken to indicate that the device does not meet the
requirements of:
(c) each applicable standard; and
(d) each applicable class licence.
(11) For the purposes of this section, a standard or class licence is
taken to be applicable in relation to a device if, and only if, the standard or
licence was specified in the subsection 182(1) notice that dealt with the
manufacture or importation of the device.
(12) A determination made by the ACA under subsection (7) or (8) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(13) In addition to its effect apart from this subsection, this section
also has the effect it would have if a reference in subsection (1) to a person
were, by express provision, confined to a corporation to which paragraph 51(xx)
of the Constitution applies.
(14) In addition to its effect apart from this subsection, this section
also has the effect it would have if each reference in subsection (1) to use, or
to application, were a reference to use or application, as the case may be, in
the course of, or in relation to:
(a) trade or commerce between Australia and places outside Australia; or
(b) trade or commerce among the States; or
(c) trade or commerce within a Territory, between a State and a Territory
or between 2 Territories; or
(d) the supply of goods or services to the Commonwealth, to a Territory or
to an authority or instrumentality of the Commonwealth or of a Territory;
or
(e) the defence of Australia; or
(f) the operation of lighthouses, lightships, beacons or buoys;
or
(g) astronomical or meteorological observations; or
(h) an activity of a corporation to which paragraph 51(xx) of the
Constitution applies; or
(i) banking, other than State banking; or
(j) insurance, other than State insurance; or
(k) weighing or measuring.
(15) In this section:
customer cabling has the same meaning as in the
Telecommunications Act 1996.
customer equipment has the same meaning as in the
Telecommunications Act 1996.
radiocommunications community has the same meaning as in the
Australian Communications Authority Act 1996.
63 Paragraph 277(1)(a)
Repeal the paragraph, substitute:
(a) a transmitter is operating on any land, or on or in any premises,
vessel, aircraft or vehicle; and
64 Paragraph 277(1)(c)
Repeal the paragraph, substitute:
(c) the operation of the transmitter is:
(i) interfering with radiocommunications that are essential to the safety
of human life; or
(ii) interfering substantially with the operation of an organisation
specified in regulations made for the purposes of paragraph 193(1)(a);
or
(iii) interfering substantially with the operation of an organisation
referred to in paragraph 193(1)(b) or (c); or
(iv) causing substantial loss or damage;
65 Paragraph 277(1)(e)
Repeal the paragraph, substitute:
(e) subject to subsection (2), take such action as the inspector considers
necessary to cause the transmitter to:
(i) cease operating; or
(ii) operate in such a way that no longer gives rise to one or more of the
consequences set out in paragraph (c).
66 Paragraph 279(1)(d)
Omit “affixed”, substitute “applied”.
67 After paragraph 285(q)
Insert:
(qa) giving a notice under subsection 169(6);
68 Subsections 300(1) and
(4)
Omit “affix”, substitute “apply”.
69 Section 314A
Repeal the section, substitute:
(1) An instrument under this Act may make provision in relation to a
matter by applying, adopting or incorporating (with or without modifications)
provisions of any Act:
(a) as in force at a particular time; or
(b) as in force from time to time.
(2) An instrument under this Act may make provision in relation to a
matter by applying, adopting or incorporating (with or without modifications)
matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the
instrument under this Act is made.
(3) A reference in subsection (2) to any other instrument or writing
includes a reference to an instrument or writing:
(a) made by any person or body in Australia or elsewhere (including, for
example, the Commonwealth, a State or Territory, an officer or authority of the
Commonwealth or of a State or Territory or an overseas entity); and
(b) whether of a legislative, administrative or other official nature or
of any other nature; and
(c) whether or not having any legal force or effect;
for example:
(d) regulations or rules under an Act; or
(e) a State Act, a law of a Territory, or regulations or any other
instrument made under such an Act or law; or
(f) an international technical standard or performance indicator;
or
(g) a written agreement or arrangement or an instrument or writing made
unilaterally.
(4) Nothing in this section limits the generality of anything else in
it.
(5) Subsections (1) and (2) have effect despite anything in:
(a) the Acts Interpretation Act 1901; or
(b) the Legislative Instruments Act 1996.
(6) In this section:
instrument under this Act means:
(a) the regulations; or
(b) any other instrument made under this Act.
70 Transitional—procedures for making
standards
The amendments of section 163 of the Radiocommunications Act 1992
made by this Schedule do not apply in relation to a standard made before 1 July
1998 if the SMA had taken any action in relation to the standard under that
section before the commencement of this item.
71 Transitional—section 186 of the
Radiocommunications Act 1992
(1) This item applies to the amendment of section 186 of the
Radiocommunications Act 1992 made by this Schedule, being the amendment
that omits the expression “sell or”.
(2) The amendment does not imply that the expression “supply”,
when used in a provision of the Radiocommunications Act 1992, does not
include supply by way of sale.
Australian
Communications Authority Act 1996
1 Section 10
Repeal the section.
2 Section 11
Repeal the section.
3 At the end of section 12
Add:
(3) The ACA must perform its functions in a manner consistent with any
directions given by the Minister under subsection (1).
(4) This section does not affect the application of section 28 of the
Commonwealth Authorities and Companies Act 1996 in relation to the
ACA.
4 At the end of subsection
15(1)
Add:
Note: The Commonwealth Authorities and Companies Act
1996 applies to the ACA. That Act deals with matters relating to
Commonwealth authorities, including reporting and accountability, banking and
investment and conduct of officers.
5 At the end of section 19
Add:
(6) Except as expressly provided by this Act, an associate member
is taken not to be a director of the ACA for the purposes of the Commonwealth
Authorities and Companies Act 1996.
6 Section 30
Repeal the section, substitute:
For the purposes of section 21 of the Commonwealth Authorities and
Companies Act 1996 (which deals with disclosure of interests), an associate
member is taken to be a director of the ACA.
7 Paragraph 37(4)(d)
Repeal the paragraph, substitute:
(d) a member or associate member fails, without reasonable excuse,
to comply with section 21 of the Commonwealth Authorities and Companies Act
1996 (in so far as that section relates to the ACA);
8 Subsection 37(6)
Omit “section 63H of the Audit Act 1901”, substitute
“section 9 of the Commonwealth Authorities and Companies Act
1996”.
9 At the end of section 37
Add:
(7) If the Minister is of the opinion that the members have failed to
comply with any of the following provisions (in so far as those provisions
relate to the ACA):
(a) subsection 13(2) or 15(1) of the Commonwealth Authorities and
Companies Act 1996;
(b) paragraph 16(1)(a) or (b) of the Commonwealth Authorities and
Companies Act 1996;
the Governor-General may terminate the appointment of all members or
particular members.
10 Subsection 40(3)
Repeal the subsection.
11 Subsection 44(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not prevent the investment of surplus money of the
ACA under section 18 of the Commonwealth Authorities and Companies Act
1996.
12 Section 45
Repeal the section.
13 Subsection 50(1)
Omit “section 63H of the Audit Act 1901”, substitute
“section 9 of the Commonwealth Authorities and Companies Act
1996”.
14 Paragraph 50(2)(a)
Omit “section 11”, substitute “section 28 of the
Commonwealth Authorities and Companies Act 1996”.
15 Paragraph 55(1)(a)
Omit “section 11”, substitute “section 28 of the
Commonwealth Authorities and Companies Act 1996”.
1 Section 202
Repeal the section, substitute:
(1) This subsection establishes a reserve called the Universal Service
Reserve.
(2) The Universal Service Reserve is a component of the Reserved Money
Fund.
(3) The Universal Service Reserve is to be administered by the
Department.
2 Section 203
Repeal the section, substitute:
There must be transferred to the Universal Service Reserve from the
Consolidated Revenue Fund:
(a) amounts equal to amounts of levy paid under this Part; and
(b) money appropriated by law for the Universal Service Reserve’s
purposes; and
(c) amounts equal to interest from the investment of money in the
Universal Service Reserve; and
(d) amounts equal to amounts that were overpaid under section 205 and
have been recovered; and
(e) amounts equal to amounts paid under section 209.
1 Repeal of Acts
The Acts specified in this Schedule are repealed.
Radiocommunications
(Permit Tax) Act 1983
Telecommunications
(Application Fees) Act 1991
Telecommunications
(Numbering Charges) Act 1991
Telecommunications
(Public Mobile Licence Charge) Act 1992
Telecommunications
(Universal Service Levy) Act 1991