Commonwealth Numbered Acts

TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1991 No. 99 of 1991 - SCHEDULE 1

                        SCHEDULE 1                          Section 25

AMENDMENTS CONSEQUENTIAL ON TELECOMMUNICATIONS ACT 1991
AUSSAT Act 1984 Section 3 (definition of "Corporation"):
Omit the definition. Section 4:
Omit "1989", substitute "1991". Sections 10, 10A and 10B:
Repeal the sections. Section 10C:
Omit "that, by virtue of this Act, AUSSAT has the right to provide",
substitute ", the carrying on of any business or activity, or the exercise of
any power or right, that AUSSAT is entitled to provide, carry on or exercise,
as the case may be, under this Act or the Telecommunications Act 1991".
Sections 11, 12 and 17:
Repeal the sections.
Australian Broadcasting Corporation Act 1983 Section 3 (definition of
"telegraph line"):
Omit "1989", substitute "1991". Subsection 77 (2):
Omit the subsection, substitute:

"(2) In respect of the erection, placing and maintenance of an electric line
by a person under paragraph (1) (a), that person has the same powers, and is
subject to the same obligations, as are conferred or imposed on a general
carrier under Division 3 of Part 7 of the Telecommunications Act 1991 to
install or maintain a facility within the meaning of that Act.".
Australian Postal Corporation Act 1989 Section 11:
Omit "1989", substitute "1991".
Australian Telecommunications Corporation Act 1989 Section 4:
Omit "1989", substitute "1991". Section 11:
Omit "1989", substitute "1991". Paragraph 28 (a):
Add at the end "and". Paragraph 28 (b):
Omit "45; and", substitute "45.". Paragraph 28 (c)
Omit the paragraph. Section 30:
Repeal the section. Parts 8 and 9:
Repeal the Parts. Sections 96 and 97:
Repeal the sections. Section 102:
Repeal the section.
Broadcasting Act 1942 Subsection 4 (1) (definition of "telegraph line"):
Omit "1989", substitute "1991". Subsection 74 (3):
Omit the subsection, substitute:

"(3) In respect of the erection, placing and maintenance of an electric line
by a person under paragraph (1) (a), that person has the same powers, and is
subject to the same obligations, as are conferred or imposed on a general
carrier under Division 3 of Part 7 of the Telecommunications Act 1991 to
install or maintain a facility within the meaning of that Act.".
Crimes Act 1914 Section 3 (definition of "public authority under the
Commonwealth"):
Omit ", and includes AUSSAT Pty Ltd and OTC Limited". Subsection 76A (1):
Insert: " `carrier' means:

   (a)  a general carrier within the meaning of the
        Telecommunications Act 1991; or

   (b)  a mobile carrier within the meaning of that Act; or

   (c)  a person who supplies eligible services within the meaning of that Act
        under a class licence issued under section 209 of that Act;".
        Subsection 76D (1):
After "Commonwealth", insert "or by a carrier". Paragraph 76D (2) (a):
After "Commonwealth", insert "or by a carrier". Paragraph 76D (3) (a):
After "Commonwealth", insert "or by a carrier". Section 76E:
After "Commonwealth", insert "or by a carrier". Section 85ZB (definitions of
"AUSSAT", "carrier", "OTC" and "Telecom"):
Omit the definitions. Section 85ZB:
Insert: " `carrier' means:

   (a)  a general carrier; or

   (b)  a mobile carrier; or

   (c)  a person who supplies eligible services under a class licence issued
        under section 209 of the Telecommunications Act  1991 ;
        `communication' does not include a communication solely by means of
        radiocommunication; `telecommunications network' means a system, or
        series of systems, for carrying communications by means of guided or
        unguided electromagnetic energy or both; `telecommunications service'
        means a service for carrying telecommunications by means of guided or
        unguided electromagnetic energy or both.". After section 85ZB:
Insert: Interpretation - person acting for a general or mobile carrier

"85ZBA. For the purposes of this Part, a person who does any thing for or on
behalf of a person who is, or persons at least one of whom is, a general
carrier or a mobile carrier, is, in respect of:

   (a)  the doing by that person of that thing; or

   (b)  any rental, fee or charge payable for or in relation to the doing by
        that person of that thing; or

   (c)  the operation by that person of a facility in connection with the
        doing of that thing; or

   (d)  a facility belonging to that person; or

   (e)  the operation by that person of a satellite;
taken to be a carrier.". Section 85ZC
Omit "1989", substitute "1991". Subsection 85ZK (2):
Omit " section 114 of the Telecommunications Act 1989", substitute "
section 253 of the Telecommunications Act 1991". Subsection 85ZKA (1):

   (a)  Omit "Telecom," (first occurring), substitute "a carrier,".

   (b)  Omit "supplied by Telecom,", substitute "each of which is supplied by
        a carrier,". Paragraph 85ZKA (2) (a):
Omit " section 114 of the Telecommunications Act 1989", substitute "
section 253 of the Telecommunications Act 1991".
Ombudsman Act 1976 Subsections 6 (4D) and (4E):
Omit "Part 6 of the Telecommunications Act 1989", substitute "Part 15 of the
Telecommunications Act 1991". Subsection 6 (4F):
Omit "1989", substitute "1991".
OTC Act 1946 Section 4:
Omit "1989", substitute "1991". Sections 36, 37 and 38:
Repeal the sections.
Radiocommunications Act 1983 Subsection 3 (1) (definition of
"radiocommunications transmitter"):
Omit "1989", substitute "1991". Subsection 3 (1) (definition of "receiver"):
Omit "1975", substitute "1991". Paragraph 24 (2) (f):
Omit the paragraph. Paragraphs 25 (1) (j) and (k) and 35 (4) (c) and (d):
Omit "(which may include conditions for or in relation to giving effect to
provisions of Division 1 of Part 3 of the Telecommunications Act 1989)".
Paragraph 38 (2) (c):
Omit the paragraph. Paragraphs 38 (6) (b) and (c):
Omit "(which may include conditions for or in relation to giving effect to
provisions of Division 1 of Part 3 of the Telecommunications Act 1989)".
Satellite Communications Amendment Act 1988 Section 3:
Repeal the section.
Sea Installations Act 1987 Schedule:
Omit " Telecommunications Act 1989", substitute "
Telecommunications Act 1991".
Telecommunications (Interception) Act 1979 Subsection 5 (1) (definitions of
"carrier", "Corporation", "employee of the Corporation" and "Managing
Director"):
Omit the definitions. Subsection 5 (1):
Insert: " `carrier' means:

   (a)  a general carrier within the meaning of the
        Telecommunications Act 1991; or

   (b)  a mobile carrier within the meaning of that Act; or

   (c)  a person who supplies eligible services within the meaning of that Act
        under a class licence issued under section 209 of that Act; `Managing
        Director', in relation to a carrier, means the chief executive officer
        (however described) of the carrier;". Subsection 5 (1) (definitions of
        "equipment", "facility" and "line"):
Omit "1989", substitute "1991". Subsection 5 (1) (definitions of
"telecommunications network" and "telecommunications service"):
Omit the definitions, substitute: " `telecommunications network' means a
system, or series of systems, for carrying communications by means of guided
or unguided electromagnetic energy or both, but does not include a system, or
series of systems, for carrying communications solely by means of
radiocommunication; `telecommunications service' means a service for carrying
communications by means of guided or unguided electromagnetic energy or both,
being a service the use of which enables communications to be carried over a
telecommunications system operated by a carrier but not being a service for
carrying communications solely by means of radiocommunication.". Subsection 5
(3):
Omit "1989", substitute "1991". Subsection 8 (1):
Omit "the Corporation" (wherever occurring), substitute "a carrier".
Subsections 11 (1) and (2):
Omit "the Corporation", substitute "a carrier". Subsection 11 (8):
Omit "the Corporation" (first occurring), substitute "a carrier". Paragraphs
11 (8) (a) and (b):
Omit "Corporation" (wherever occurring), substitute "carrier". Subsection 11
(10):
Omit "the Corporation", substitute "a carrier". Paragraph 11A (1) (a):
Omit "the Corporation", substitute "a carrier". Subsection 11A (1):
Omit "Corporation" (last occurring), substitute "carrier". Subsection 11A (6):
Omit "the Corporation" (first occurring), substitute "a carrier". Paragraphs
11A (6) (a) and (b):
Omit "Corporation" (wherever occurring), substitute "carrier". Section 15:
Omit "Corporation" (wherever occurring), substitute "carrier". Section 20A:
Omit "the Corporation", substitute "a carrier". Section 20B:
Omit "the Corporation", substitute "a carrier". Subsection 21 (6):
Omit "the Corporation" (first occurring), substitute "a carrier". Paragraphs
21 (6) (a) and (b):
Omit "Corporation" (wherever occurring), substitute "carrier". Paragraph 21
(8) (a):
Omit "the Corporation", substitute "a carrier". Section 25:
Omit "Corporation" (wherever occurring), substitute "relevant carrier".