AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 [Note: This Act is "repealed" by Act No. 99 of 1991]
(#DATE 30:11:1990)
Compilation Information
- Reprinted as at 30 November 1990
*1*The Australian Telecommunications Corporation Act 1989 as shown in this
reprint comprises Act No. 54, 1989 amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Australian Telecommunications Corporation Act 1989
54, 1989 14 June 1 July 1989 (see Gazette
1989 1989, No. S230)
Transport and Communications Legislation Amendment Act (No. 2) 1989
23, 1990 17 Jan 1990 Part 6 (ss. 14-16): Royal -
Assent (a)
______________________________________________________________________________
__ (a) The Australian Telecommunications Corporation Act 1989 was amended by
Part 6 (sections 14-16) only of the Transport and Communications Legislation
Amendment Act (No. 2) 1989, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.'
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected
How affected
S. 65
am. No. 23, 1990
S. 103
am. No. 23, 1990
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART 1-PRELIMINARY
1. Short title
2. Commencement
3. Interpretation-definitions
4. Interpretation-expressions used in Telecommunications Act
5. Interpretation-provisions authorising Telecom to enter on land etc.
6. Interpretation-meaning of subsidiary
7. Extraterritorial operation of Act
8. Extension of Act to certain external Territories
9. Extension of Act to adjacent areas
10. Act binds the Crown
11. Act subject to Radiocommunications Act and Telecommunications Act
PART 2-TELECOM AND ITS BOARD
Division 1-Constitution, functions and powers of Telecom
12. Telecom continues in existence
13. Telecom continues to be body corporate etc.
14. Functions-the principal function
15. Functions-subsidiary function
16. Functions-incidental businesses and activities
17. General powers
18. Specific telecommunications and telecommunications related powers
19. Other powers
Division 2-Telecom's Board and Managing Director
20. The Board
21. The Managing Director
22. Constitution of the Board
23. Role of the Board
24. Duties of the Managing Director
PART 3-TELECOM'S OBLIGATIONS
25. Obligations generally
26. Commercial obligation
27. Community service obligations
28. General governmental obligations
PART 4-TELECOM'S OPERATIONS
Division 1-Terms and conditions applying to services
29. Terms and conditions generally
30. Immunity from certain actions
Division 2-Corporate plans
31. Corporate plans
32. General matters to be included in corporate plans
33. Financial matters to be included in corporate plans
34. Matters to be considered in setting financial target
35. Corporate plans to be given to Minister
36. Minister may direct certain variations of corporate plans
37. Board to notify Minister of significant affecting events etc.
Division 3-Other accountability requirements
38. Annual reports and financial statements
39. General matters to be included in annual reports
40. Financial matters to be included in annual reports
41. Requirements for financial statements
42. Board to notify Minister of significant business activities
43. Board to keep Minister informed
44. Minister may notify Board of general policies of Commonwealth
Government
45. Minister may give directions to the Board
46. Telecom and Board not otherwise subject to government direction
PART 5-FINANCE
47. Determination of Telecom's initial capital under Act
48. Telecom's capital
49. Revaluation of assets
50. Payments of dividends to Commonwealth
51. Interim dividends
52. Reimbursement of cost of complying with directions
53. Expenditure of Telecom's money
54. Proper accounts and records to be kept
55. Audit
56. Borrowings from Commonwealth
57. Borrowings from persons other than Commonwealth
58. Security for borrowings
59. Liability to taxation
PART 6-DIRECTORS OF TELECOM
Division 1-Meetings of the Board
60. Interpretation-meaning of the required minimum number of directors
61. Times and places of meetings
62. Presiding at meetings
63. Quorum and voting at meetings
64. Conduct of meetings
65. Resolutions without meetings
66. Minutes
67. Disclosure of interests
Division 2-Provisions relating to directors other than
the Managing Director
68. Division applies to directors other than Managing Director
69. Appointment of directors
70. Term of appointment
71. Directors hold office on part time basis
72. Remuneration and allowances
73. Leave of absence
74. Resignation
75. Termination of appointment
76. Terms and conditions of appointment not provided for by Act
77. Deputy Chairperson
78. Acting appointments
Division 3-Provisions relating to the Managing Director
79. Appointment
80. Managing Director holds office during Board's pleasure
81. Managing Director holds office on full time basis
82. Terms and conditions of appointment not provided for by Act
83. Disclosure of interests
84. Acting Managing Director
PART 7-TELECOM'S STAFF
85. Staff
86. Telecom as employer
PART 8-TELECOM'S POWERS RELATING TO LAND
87. Power to inspect land etc.
88. Powers relating to installation of facilities etc.
89. Trees may be cut etc.
90. Telecom may replace, repair and maintain facilities etc.
91. Subdivider to pay for necessary alterations
92. Telecom to take steps to do as little damage as practicable etc.
93. Service of notices
PART 9-PROTECTION OF TELECOM'S PROPERTY
94. Compensation for interference or damage
95. Work done by Telecom to protect property
PART 10-MISCELLANEOUS
96. Application of State and Territory laws
97. Duty of Telecom's employees not to disclose contents of
communications
etc.
98. Delegation of Telecom's powers
99. Delegation of Board's powers
100. Telecom's seal
101. Confirmation of contracts and authentication and execution of
documents
102. Ownership of telecommunications facilities
103. Lands Acquisition Act
104. Public Works Committee Act
105. Regulations
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - LONG TITLE
SECT
An Act relating to the Australian Telecommunications Corporation
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 1
PART 1-PRELIMINARY
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 1
Short title
SECT
1. This Act may be cited as the Australian Telecommunications Corporation
Act 1989.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 2
Commencement
SECT
2.*1* (1) Subject to subsection (2), this Act commences on a day to be
fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of
6 months beginning on the day on which it receives the Royal Assent, it
commences on the first day after the end of the period.
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 3
Interpretation-definitions
SECT
3. In this Act, unless the contrary intention appears:
'Australia', when used in a geographical sense, includes the external
Territories to which this Act extends;
'authorised auditor' means:
(a) the Auditor-General; or
(b) a person authorised, in writing, by the Auditor-General;
'Board' means the Board of Directors of Telecom;
'borrow' includes raise money or credit;
'Chairperson' means the Chairperson of the Board;
'community service obligations' means obligations under section 27;
'convention' means a convention to which Australia is a party or an
agreement or arrangement between Australia and a foreign country;
'Deputy Chairperson' means the Deputy Chairperson of the Board;
'director' means a director of the Board and includes the Chairperson, the
Deputy Chairperson and the Managing Director;
'government director' means a director who was an officer of the Australian
Public Service at the time of his or her appointment;
'Managing Director' means the Managing Director of Telecom;
'subsidiary' has the meaning given by section 6;
'Telecom' means the Australian Telecommunications Corporation;
'telecommunications service' means a service for carrying communications by
means of guided or unguided electromagnetic energy or both.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 4
Interpretation-expressions used in Telecommunications Act
SECT
4. Unless the contrary intention appears, expressions used in this Act, and
in the Telecommunications Act 1989, have the same respective meanings as in
that Act.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 5
Interpretation-provisions authorising Telecom to enter on land etc.
SECT
5. Where, under a provision of this Act, Telecom is empowered to enter on,
and inspect, occupy or do anything else on, over or under land, the provision
also empowers an employee of Telecom, a person acting for Telecom under a
contract, and an employee of such a person, to do that thing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 6
Interpretation-meaning of subsidiary
SECT
6. For the purposes of this Act, the question whether a body corporate is a
subsidiary of another body corporate shall be determined in the same manner as
the question whether a corporation is a subsidiary of another corporation is
determined under the Companies Act 1981.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 7
Extraterritorial operation of Act
SECT
7. This Act applies both within and outside Australia.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 8
Extension of Act to certain external Territories
SECT
8. This Act extends to the external Territories (other than Norfolk Island,
Christmas Island and Cocos (Keeling) Islands).
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 9
Extension of Act to adjacent areas
SECT
9. (1) Subject to subsection (2), this Act applies in relation to the
adjacent areas of the States and Territories as if references to Australia
(when used in a geographical sense) included references to the adjacent
areas.
(2) The application of this Act in relation to the adjacent areas of the
States and Territories extends only in relation to acts, matters and things
touching, concerning, arising out of or connected with the exploration of, or
the exploitation of the resources of, the continental shelf of Australia.
(3) Without limiting subsection (2), the application of this Act in relation
to the adjacent areas of the States and Territories because of subsection (1)
extends in relation to all acts done by or in relation to, and all matters,
circumstances and things affecting, any person who is in the adjacent area of
a State or Territory for a reason touching, concerning, arising out of or
connected with the exploration of, or the exploitation of the resources of,
the continental shelf of Australia.
(4) In this section:
'adjacent area', in relation to a State or Territory, has the same meaning
as in the Petroleum (Submerged Lands) Act 1967;
'Territory' does not include Norfolk Island, Christmas Island or Cocos
(Keeling) Islands.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 10
Act binds the Crown
SECT
10. This Act binds the Crown in right of the Commonwealth, of each of the
States, of the Australian Capital Territory, of the Northern Territory and of
Norfolk Island.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 11
Act subject to Radiocommunications Act and Telecommunications Act
SECT
11. This Act has effect subject to the Radiocommunications Act 1983 and the
Telecommunications Act 1989.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 2
PART 2-TELECOM AND ITS BOARD
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - DIVISION 1
Division 1-Constitution, functions and powers of Telecom
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 12
Telecom continues in existence
SECT
12. The Australian Telecommunications Corporation continues in existence.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 13
Telecom continues to be body corporate etc.
SECT
13. The Australian Telecommunications Corporation:
(a) continues to be a body corporate;
(b) shall have a seal; and
(c) may sue and be sued in its corporate name.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 14
Functions-the principal function
SECT
14. The principal function of Telecom is to supply telecommunications
services within Australia.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 15
Functions-subsidiary function
SECT
15. A subsidiary function of Telecom is to carry on, outside Australia, any
business or activity relating to telecommunications.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 16
Functions-incidental businesses and activities
SECT
16. (1) The functions of Telecom include the carrying on, within or outside
Australia, of any business or activity that is incidental to:
(a) the supplying of telecommunications services under section 14; or
(b) the carrying on of any business or activity under section 15.
(2) Without limiting subsection (1), the functions of Telecom include the
carrying on, within or outside Australia, of any business or activity that is
capable of being conveniently carried on:
(a) by the use of resources that are not immediately required in carrying
out Telecom's principal or subsidiary function; or
(b) in the course of:
(i) supplying telecommunications services under section 14; or
(ii) carrying on any business or activity under section 15.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 17
General powers
SECT
17. (1) Telecom has power to do all things necessary or convenient to be
done for, or in connection with, the performance of its functions.
(2) Subsection (1) is not limited by any other provision of this or any
other Act that confers a power on Telecom.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 18
Specific telecommunications and telecommunications related powers
SECT
18. Telecom has power, for or in connection with the performance of its
functions:
(a) to supply value added services;
(b) to publish telecommunications directories, and to supply directory
information services;
(c) to supply, install and maintain customer equipment and customer
lines;
(d) to supply telecommunications services for Norfolk Island, Christmas
Island, Cocos (Keeling) Islands and foreign countries; and
(e) to conduct research into, and develop, manufacture and market,
facilities and software.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 19
Other powers
SECT
19. (1) Telecom has, for or in connection with the performance of its
functions, all the powers of a natural person, and may, for example:
(a) enter into contracts;
(b) acquire, hold and dispose of real and personal property;
(c) appoint agents and attorneys, and act as agent for other persons;
(d) form, and participate in the formation of, companies;
(e) subscribe for and purchase shares in, and debentures and other
securities of, companies;
(f) participate in partnerships, trusts, unincorporated joint ventures
and
other arrangements for the sharing of profits;
(g) issue debentures and grant floating charges on its property;
(h) make charges and fix terms and conditions for work done, or services,
goods and information supplied, by it;
(j) engage consultants;
(k) accept gifts, grants, bequests and devises made to it, and act as
trustee of money and other property vested in it on trust;
(m) offer and pay rewards;
(n) deal in futures and other contracts;
(p) provide consultancy and project management services; and
(q) do such other things as it is authorised to do by or under this Act
or
any other law of the Commonwealth or any law of a State or Territory.
(2) Telecom has, in addition to its other powers, power to do all things
necessary or convenient to be done for, or in connection with, the performance
of its obligation under section 26, and may, for example:
(a) purchase and otherwise acquire land and buildings that it may
require;
(b) sell and otherwise dispose of land and buildings that it does not
require;
(c) develop land and buildings to enable their more efficient
utilisation;
(d) develop and lease land and buildings not immediately required by it;
and
(e) develop land and buildings for the purpose of sale.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - DIVISION 2
Division 2-Telecom's Board and Managing Director
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 20
The Board
SECT
20. There shall be a Board of Directors of Telecom.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 21
The Managing Director
SECT
21. There shall be a Managing Director of Telecom.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 22
Constitution of the Board
SECT
22. The Board consists of:
(a) the Chairperson;
(b) the Deputy Chairperson;
(c) the Managing Director; and
(d) not more than 6 other directors.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 23
Role of the Board
SECT
23. It is the role of the Board:
(a) to decide the objectives, strategies and policies to be followed by
Telecom; and
(b) to ensure that Telecom performs its functions in a proper, efficient
and economical manner.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 24
Duties of the Managing Director
SECT
24. (1) The Managing Director shall, under the Board, manage Telecom.
(2) All acts and things done in the name of, or on behalf of, Telecom by the
Managing Director shall be taken to have been done by Telecom.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 3
PART 3-TELECOM'S OBLIGATIONS
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 25
Obligations generally
SECT
25. Telecom has the following obligations:
(a) its commercial obligation under section 26;
(b) its community service obligations under section 27;
(c) its general governmental obligations under section 28.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 26
Commercial obligation
SECT
26. Telecom shall, as far as practicable, perform its functions in a manner
consistent with sound commercial practice.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 27
Community service obligations
SECT
27. (1) Telecom shall supply a standard telephone service between places
within Australia.
(2) The public switched telephone service shall be the standard telephone
service.
(3) Telecom shall supply the standard telephone service as efficiently and
economically as practicable.
(4) Telecom shall ensure:
(a) that, in view of the social importance of the standard telephone
service, the service is reasonably accessible to all people in Australia on an
equitable basis, wherever they reside or carry on business; and
(b) that the performance standards for the standard telephone service
reasonably meet the social, industrial and commercial needs of the Australian
community.
(5) In this section:
'Australia' does not include an external Territory to which this Act
extends.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 28
General governmental obligations
SECT
28. Telecom shall perform its functions in a way consistent with:
(a) any general policies of the Commonwealth Government notified by the
Minister under section 44;
(b) any directions given by the Minister under section 45; and
(c) Australia's obligations under any convention.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 4
PART 4-TELECOM'S OPERATIONS
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - DIVISION 1
Division 1-Terms and conditions applying to services
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 29
Terms and conditions generally
SECT
29. (1) Subject to any express provision of this or any other Act, the terms
and conditions of a service supplied by Telecom for a person (including a
person who is not authorised by Telecom to use the service) are:
(a) so far as Telecom and the person agree on terms and conditions for
the
supply of the service-the agreed terms and conditions; and
(b) so far as Telecom and the person do not agree on terms and
conditions-the terms and conditions determined by the Board that are
applicable to the supply of the service.
(2) Without limiting subsection (1), the terms and conditions determined by
the Board may make provision with respect to the charges payable for services
supplied by Telecom.
(3) The Board shall ensure that copies of a determination made by it under
this section are made available for inspection and purchase at all business
offices of Telecom as soon as practicable after it is made.
(4) A contravention of subsection (3) in relation to a determination does
not affect the validity of the determination.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 30
Immunity from certain actions
SECT
30. An action or proceeding does not lie against Telecom or any other person
in relation to any loss or damage suffered, or that may be suffered, by a
person because of any act or omission (whether negligent or otherwise) by or
on behalf of Telecom in relation to the supply of a reserved service.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - DIVISION 2
Division 2-Corporate plans
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 31
Corporate plans
SECT
31. (1) The Board shall prepare corporate plans.
(2) The first corporate plan shall be for a period of not less than 3 years,
and not more than 5 years, beginning on 1 July 1989.
(3) Each subsequent corporate plan shall be for a period of not less than 3
years, and not more than 5 years, beginning immediately after the period of
the previous corporate plan.
(4) The Board may review and revise a corporate plan at any time.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 32
General matters to be included in corporate plans
SECT
32. Each corporate plan shall:
(a) set out the objectives of Telecom and its subsidiaries;
(b) outline the overall strategies and policies that Telecom and its
subsidiaries are to follow to achieve the objectives;
(c) include a statement of the strategies and policies that Telecom is
to
follow to carry out its community service obligations; and
(d) include such performance indicators and targets (whether financial or
operational) as the Board considers appropriate.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 33
Financial matters to be included in corporate plans
SECT
33. Each corporate plan shall:
(a) include a financial target;
(b) outline the overall financial strategies for Telecom and its
subsidiaries, including pricing, borrowing, investment, and purchasing and
disposal, strategies;
(c) include a forecast of the revenue and expenditure of Telecom and its
subsidiaries, including a forecast of capital expenditure and borrowings;
(d) estimate the cost of carrying out Telecom's community service
obligations; and
(e) estimate the cost of Telecom's other obligations under this or any
other Act that require it to act otherwise than in accordance with normal
commercial practice.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 34
Matters to be considered in setting financial target
SECT
34. In preparing or revising a financial target, the Board shall have regard
to:
(a) the need to earn a reasonable rate of return on Telecom's assets;
(b) the need to maintain the extent of the Commonwealth's equity in
Telecom;
(c) the expectation of the Commonwealth that Telecom will pay a
reasonable
dividend;
(d) the need to maintain Telecom's financial viability;
(e) the need to maintain a reasonable level of reserves, especially to
make
provision for:
(i) any estimated future demand for telecommunications services;
and
(ii) any need to improve the accessibility of, and the performance
standards for, the standard telephone service;
(f) any other commercial matters the Board considers appropriate;
(g) the cost of carrying out Telecom's community service obligations;
(h) the cost of performing Telecom's functions in a manner consistent with
the general policies of the Commonwealth Government notified by the Minister
under section 44;
(j) the cost of implementing any directions given by the Minister under
section 45; and
(k) the cost of any other obligations of Telecom under this or any other
Act
that require it to act otherwise than in accordance with normal commercial
practice.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 35
Corporate plans to be given to Minister
SECT
35. When the Board prepares or revises a corporate plan, it shall
immediately give a copy of the plan to the Minister.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 36
Minister may direct certain variations of corporate plans
SECT
36. (1) When the Board prepares or revises a corporate plan and gives a copy
of the plan to the Minister, the Minister may, within 30 days after receiving
the copy of the plan and after consultation with the Board, direct the Board
to vary either or both of the following:
(a) the statement included in the plan of the strategies and policies
that
Telecom is to follow to carry out its community service obligations;
(b) the financial target under the plan.
(2) In exercising powers under paragraph (1) (b), the Minister shall have
regard to:
(a) the matters referred to in section 34 (other than the matter referred
to in paragraph (f)); and
(b) any other matters the Minister considers appropriate.
(3) A direction under subsection (1) shall be in writing and shall set out
the Minister's reasons for the direction.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 37
Board to notify Minister of significant affecting events etc.
SECT
37. If the Board forms the opinion that matters have arisen:
(a) that may prevent, or significantly affect, achievement of the
objectives of Telecom and its subsidiaries under the corporate plan;
(b) that may significantly affect the strategies and policies that
Telecom
is following to carry out its community service obligations; or
(c) that may prevent, or significantly affect,
achievement of the financial target under the plan;
the Board shall immediately notify the Minister of its opinion and the reasons
for the opinion.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - DIVISION 3
Division 3-Other accountability requirements
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 38
Annual reports and financial statements
SECT
38. (1) The Board shall, as soon as practicable after the end of each
financial year, prepare and give to the Minister a report of Telecom's
operations during that year, together with financial statements for the year.
(2) Before submitting financial statements to the Minister, the Board shall
submit them to the Auditor-General, who shall report to the Minister and the
Board:
(a) whether, in the Auditor-General's opinion, the statements are based
on
proper accounts and records;
(b) whether the statements are in agreement with the accounts and records
and, in the Auditor-General's opinion, show fairly the financial transactions
and state of affairs of Telecom;
(c) whether, in the Auditor-General's opinion, the receipt, expenditure
and
investment of money, and the acquisition and disposal of assets, by Telecom
during the year have been in accordance with this Act; and
(d) as to any other matters arising out of the statements the
Auditor-General considers should be reported to the Minister.
(3) The Minister shall cause a copy of the report and financial statements,
together with a copy of the report of the Auditor-General, to be laid before
each House of the Parliament within 15 sitting days of that House after their
receipt by the Minister.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 39
General matters to be included in annual reports
SECT
39. The report of Telecom's operations for a financial year shall:
(a) include the objectives of Telecom and its subsidiaries under the
corporate plan;
(b) include an outline of:
(i) the overall strategies and policies of Telecom and its
subsidiaries under the corporate plan; and
(ii) the performance indicators and targets under the plan;
(c) include an assessment of the extent to which the operations of
Telecom
and its subsidiaries during the year have achieved those objectives;
(d) include an outline of the strategies and policies that Telecom is
following to carry out its community service obligations;
(e) if the Minister has, under subsection 36 (1), directed the Board to
vary the statement included in the corporate plan of Telecom's strategies and
policies to carry out its community service obligations-include an outline of
the strategies and policies that the Minister directed the Board to vary;
(f) include an assessment of the appropriateness and adequacy of the
strategies and policies that Telecom is following to carry out its community
service obligations;
(g) include particulars of:
(i) any general policies of the Commonwealth Government notified
under section 44 that are applicable to the year; and
(ii) any directions given by the Minister under section 45 that are
applicable to the year;
(h) deal specifically with the effect on Telecom's operations during the
year of:
(i) each such policy and direction; and
(ii) any other obligations of Telecom under this or any other Act
that require it to act otherwise than in accordance with normal commercial
practice;
(j) include particulars of:
(i) companies that Telecom and its subsidiaries formed, and
companies
in whose formation Telecom and its subsidiaries participated, during the
year;
(ii) companies that became or ceased to be subsidiaries of Telecom
and its subsidiaries during the year; and
(iii) interests in partnerships, trusts, unincorporated joint
ventures and other arrangements for the sharing of profits that Telecom and
its subsidiaries acquired or disposed of during the year; and
(k) include an outline of:
(i) shares that Telecom subscribed for, purchased or disposed of
during the year;
(ii) other business interests that Telecom and its subsidiaries
acquired or disposed of during the year; and
(iii) other activities of Telecom's subsidiaries during the year.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 40
Financial matters to be included in annual reports
SECT
40. The report of Telecom's operations for a financial year shall:
(a) specify the financial target applicable to the year under the
corporate
plan;
(b) if the Minister has, under subsection 36 (1), directed the Board to
vary the financial target-specify the financial target that the Minister
directed the Board to vary and set out the reasons given to the Board by the
Minister for the direction;
(c) include an assessment of Telecom's progress in achieving the
financial
target under the corporate plan;
(d) specify the dividend payable to the Commonwealth for the year;
(e) if the Minister has, under subsection 50 (3), directed the payment of
a
dividend, or a different dividend, for the year-specify the recommendation
made by the Board to the Minister in relation to the dividend for the year;
(f) include particulars of any amounts of capital repaid to the
Commonwealth during the year; and
(g) include an assessment of:
(i) the cost of carrying out Telecom's community service
obligations;
(ii) the cost of performing Telecom's functions in a manner
consistent with the general policies of the Commonwealth Government notified
by the Minister under section 44;
(iii) the cost of implementing any directions given by the Minister
under section 45; and
(iv) the cost of any other obligations of Telecom under this or any
other Act that require it to act otherwise than in accordance with normal
commercial practice.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 41
Requirements for financial statements
SECT
41. (1) The financial statements in relation to Telecom's operations for a
financial year shall:
(a) be in such form as is required by any written guidelines issued by
the
Minister for Finance in relation to the financial statements of Telecom or
Commonwealth undertakings generally; and
(b) comply with the requirements prescribed under the Companies Act 1981
for the accounts of a listed corporation so far as those requirements relate
to the income of executive officers of a listed corporation.
(2) For the purposes of paragraph (1) (b):
(a) Telecom shall be taken to be a listed corporation; and
(b) the Managing Director shall be taken to be an executive officer of
Telecom.
(3) Expressions used in paragraph (1) (b) or subsection (2), and in the
Companies Act 1981, have the same respective meanings as in that Act.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 42
Board to notify Minister of significant business activities
SECT
42. (1) If Telecom, or a subsidiary of Telecom, proposes:
(a) to form, or participate in the formation of, a company;
(b) to participate in a partnership, trust, unincorporated joint venture
or
other arrangement for the sharing of profits;
(c) to acquire a major shareholding in a company;
(d) to acquire a substantial business;
(e) to undertake a significant new business activity; or
(f) to make a significant change in the nature or extent of its interest
in
a company, partnership, trust, unincorporated joint venture or other
arrangement for the sharing of profits;
the Board shall immediately give written notice of particulars of the proposed
activity to the Minister.
(2) The Minister may, by written notice given to the Board, make guidelines
to be applied by the Board in determining whether an activity is an activity
falling within paragraph (1) (c), (d), (e) or (f).
(3) This section does not limit the operation of section 43.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 43
Board to keep Minister informed
SECT
43. The Board shall keep the Minister informed of the operations of Telecom
and its subsidiaries, and shall give the Minister such reports, documents and
information in relation to those operations as the Minister requires.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 44
Minister may notify Board of general policies of Commonwealth Government
SECT
44. (1) The Minister may notify the Board of general policies of the
Commonwealth Government that are to apply in relation to Telecom.
(2) The Board shall ensure that the policies are carried out in relation to
Telecom and shall, as far as practicable, ensure that the policies are carried
out in relation to its subsidiaries.
(3) A notification under subsection (1) shall be given in writing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 45
Minister may give directions to the Board
SECT
45. (1) Subject to subsection (2), the Minister may, after consultation with
the Board, give to the Board such written directions in relation to the
performance of Telecom's functions as appear to the Minister to be necessary
in the public interest.
(2) The Minister shall not give a direction under subsection (1) in relation
to the amounts to be charged for work done, or services, goods or information
supplied, by Telecom.
(3) Where the Minister gives a direction under subsection (1), the Minister
shall cause a copy of the direction to be laid before each House of the
Parliament within 15 sitting days of that House after giving the direction.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 46
Telecom and Board not otherwise subject to government direction
SECT
46. Except as otherwise provided by or under this or any other Act, Telecom
and its Board are not subject to direction by or on behalf of the Commonwealth
Government.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 5
PART 5-FINANCE
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 47
Determination of Telecom's initial capital under Act
SECT
47. (1) The Minister shall, as soon as practicable after the commencement of
this Act and after consultation with the Board, determine the amount of
Telecom's initial capital under this Act.
(2) In making the determination, the Minister shall have regard to any
relevant advice that the Board has given to the Minister.
(3) The determination shall be made in writing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 48
Telecom's capital
SECT
48. (1) Telecom's capital is equal to the sum of:
(a) the amount of Telecom's initial capital under this Act (as determined
by the Minister under subsection 47 (1));
(b) any part of Telecom's liabilities to the Commonwealth at the
commencement of this Act that is subsequently converted into capital at the
direction of the Minister;
(c) any amounts paid to Telecom after the commencement of this Act out of
money appropriated by the Parliament for the purpose of providing capital;
and
(d) any part of Telecom's reserves that, after the commencement of this
Act, is converted into capital at the direction of the Minister after
consultation with the Board;
less any amounts of capital repaid under subsection (2).
(2) Interest is not payable to the Commonwealth on Telecom's capital, but
the capital is repayable to the Commonwealth at such times, and in such
amounts, as the Minister directs after consultation with the Board.
(3) In giving such a direction, the Minister shall have regard to any advice
that the Board has given to the Minister in relation to Telecom's financial
affairs.
(4) A direction under this section shall be given in writing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 49
Revaluation of assets
SECT
49. The Board shall ensure that, at least once every 5 years, Telecom's
assets are revalued in accordance with normal commercial practice.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 50
Payments of dividends to Commonwealth
SECT
50. (1) The Board shall, within 4 months after the end of each financial
year, by written notice to the Minister, recommend that Telecom pay a
specified dividend, or not pay a dividend, to the Commonwealth for the
financial year.
(2) In making the recommendation, the Board shall have regard to the matters
referred to in section 34 (other than the matter referred to in paragraph
(a)).
(3) The Minister shall, within 30 days after receiving the recommendation,
by written notice to the Board, either:
(a) approve the recommendation; or
(b) direct the payment of a dividend or a different specified dividend,
as
the case requires.
(4) In exercising powers under subsection (3), the Minister shall have
regard to:
(a) the matters referred to in section 34 (other than the matters
referred
to in paragraphs (a) and (f)); and
(b) any other matters the Minister considers appropriate.
(5) Telecom's dividend for a financial year shall not exceed its profit for
the year, after provision has been made for income tax.
(6) Subject to section 51, the dividend payable for a financial year shall
be paid within 6 months after the end of the financial year or such further
period as the Minister directs after consultation with the Board.
(7) In exercising powers under subsection (6), the Minister shall have
regard to any recommendation of the Board in relation to the time of payment
of the dividend.
(8) A direction under subsection (6) shall be given in writing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 51
Interim dividends
SECT
51. (1) The Minister may, at any time before or during a financial year, by
written notice to the Board, require the Board to make a recommendation in
relation to the payment of amounts to the Commonwealth on account of the
dividend that may become payable under section 50 for the financial year.
(2) The Board shall, within 30 days after receiving the notice, by written
notice to the Minister, make such a recommendation to the Minister.
(3) The Minister shall, within 30 days after receiving the recommendation,
by written notice to the Board, either:
(a) approve the recommendation; or
(b) give directions to the Board in relation to the payment of amounts to
the Commonwealth on account of the dividend that may become payable under
section 50 for the financial year.
(4) In exercising powers under subsection (3), the Minister shall have
regard to:
(a) the matters referred to in section 34 (other than the matters
referred
to in paragraphs (a) and (f)); and
(b) any other matters the Minister considers appropriate.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 52
Reimbursement of cost of complying with directions
SECT
52. (1) Where Telecom satisfies the Minister that it has suffered financial
detriment as a result of complying with a direction given by the Minister
under section 45, Telecom is entitled to be reimbursed by the Commonwealth the
amount that the Minister determines, after consultation with the Board, to be
the amount of the financial detriment.
(2) In making such a determination, the Minister shall have regard to any
advice that the Board has given to the Minister as to the amount of the
financial detriment.
(3) The reference in subsection (1) to suffering financial detriment
includes a reference to:
(a) incurring costs that are greater than would otherwise have been
incurred; or
(b) forgoing revenue that would otherwise have been received.
(4) A determination under subsection (1) shall be made in writing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 53
Expenditure of Telecom's money
SECT
53. (1) Telecom's money may be expended only:
(a) in payment of amounts properly payable in the performance of its
functions;
(b) in payment of remuneration and allowances payable under this Act; and
(c) in making any other payments that Telecom is authorised or required
to
make by or under this or any other Act.
(2) Money of Telecom not immediately required by it may be invested in any
manner that is consistent with sound commercial practice.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 54
Proper accounts and records to be kept
SECT
54. The Board shall:
(a) cause proper accounts and records of Telecom's transactions and
affairs
to be kept in accordance with accounting principles generally applied in
commercial practice; and
(b) do all things necessary to ensure:
(i) that all payments by Telecom are correctly made and properly
authorised; and
(ii) that adequate control is maintained over:
(A) Telecom's assets and assets in Telecom's custody; and
(B) the incurring of liabilities by Telecom.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 55
Audit
SECT
55. (1) The Auditor-General shall:
(a) inspect and audit:
(i) the accounts and records of Telecom's financial transactions;
and
(ii) the records relating to Telecom's assets and assets in
Telecom's custody; and
(b) immediately draw the attention of the Minister and the Board to any
irregularity disclosed by the inspection and audit that, in the opinion of the
Auditor-General, is of sufficient importance to justify doing so.
(2) The Auditor-General may dispense with all or any part of the detailed
inspection and audit of any accounts or records.
(3) The Auditor-General shall, at least once in each financial year, report
to the Minister and the Board the results of the inspection and audit.
(4) An authorised auditor is entitled, at all reasonable times, to full and
free access to all of Telecom's accounts, records and other documents that
relate directly or indirectly to:
(a) the receipt or payment of money by it; or
(b) the acquisition, receipt, custody or disposal of assets by it.
(5) An authorised auditor may make copies of, or take extracts from, any
accounts, records or documents referred to in subsection (4).
(6) An authorised auditor may require any person to give such information in
the possession of the person, or to which the person has access, as the
authorised auditor considers necessary for the purposes of the
Auditor-General's functions under this Act.
(7) A person shall not refuse or fail to comply with a requirement under
subsection (6) to the extent that the person is capable of complying with it.
Penalty: $1,000 or imprisonment for 6 months, or both.
(8) A person shall not, in purported compliance with a requirement under
subsection (6), knowingly give information that is false or misleading in a
material particular.
Penalty: $2,000 or imprisonment for 12 months, or both.
(9) A person is not excused from giving information under a requirement
under subsection (6) on the ground that the information may tend to
incriminate the person, but any information given under the requirement is not
admissible in evidence against the person in any criminal proceedings (other
than proceedings for an offence against subsection (7) or (8)).
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 56
Borrowings from Commonwealth
SECT
56. The Minister for Finance may, on behalf of the Commonwealth, out of
money appropriated by the Parliament for the purpose, lend money to Telecom on
such terms and conditions as the Minister for Finance determines in writing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 57
Borrowings from persons other than Commonwealth
SECT
57. (1) Telecom may borrow money from persons other than the Commonwealth.
(2) Money may be borrowed wholly or partly in foreign currency.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 58
Security for borrowings
SECT
58. Telecom may give security over the whole or any part of its assets for
the due performance of obligations incurred by it under section 57.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 59
Liability to taxation
SECT
59. (1) Telecom is subject to taxation under the laws of the Commonwealth
and the States and Territories.
(2) Telecom is not a public authority for the purposes of paragraph 23 (d)
of the Income Tax Assessment Act 1936.
(3) Subsection (1) has effect subject to the regulations and to Division 2
of Part 10 of the Telecommunications and Postal Services (Transitional
Provisions and Consequential Amendments) Act 1989.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 6
PART 6-DIRECTORS OF TELECOM
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - DIVISION 1
Division 1-Meetings of the Board
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 60
Interpretation-meaning of 'the required minimum number of directors'
SECT
60. In this Division:
'the required minimum number of directors' means:
(a) if there are 9 directors-5 directors; and
(b) in any other case-4 directors.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 61
Times and places of meetings
SECT
61. (1) Subject to subsection (2), meetings of the Board shall be held at
such times and places as the Board determines.
(2) The Chairperson:
(a) may at any time convene a meeting; and
(b) shall convene a meeting when requested by at least the required
minimum
number of directors.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 62
Presiding at meetings
SECT
62. (1) The Chairperson shall preside at all meetings at which the
Chairperson is present.
(2) If the Chairperson and Deputy Chairperson are not present at a meeting,
the directors present shall appoint one of the directors present to preside.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 63
Quorum and voting at meetings
SECT
63. (1) At a meeting of the Board:
(a) subject to subsection (2), the required minimum number of directors
constitute a quorum;
(b) a question shall be decided by a majority of votes of the directors
present and voting; and
(c) the director presiding has a deliberative vote and, if there is an
equality of votes, also has a casting vote.
(2) If, because of subsection 67 (2), a director is not present at a meeting
of the Board during a deliberation of the Board in relation to a matter, but
there would be a quorum if the director were present, the remaining directors
present constitute a quorum for the purpose of any deliberation or decision of
the Board at the meeting in relation to the matter.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 64
Conduct of meetings
SECT
64.(1) The Board may, subject to this Division, regulate its proceedings as
it considers appropriate.
(2) Without limiting subsection (1), the Board may permit directors to
participate in a particular meeting, or all meetings, by:
(a) telephone;
(b) closed-circuit television; or
(c) any other means of communication.
(3) A director who participates in a meeting of the Board under a permission
under subsection (2) shall be taken to be present at the meeting.
(4) Without limiting subsection (1), the Board may invite a person to attend
a meeting for the purpose of advising or informing it on any matter.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 65
Resolutions without meetings
SECT
65. (1) If at least the required minimum number of directors sign a document
containing a statement that they are in favour of a resolution in terms set
out in the document, a resolution in those terms shall be taken to have been
passed at a meeting of the Board held on the day on which the document is
signed or, if the directors do not sign it on the same day, on the day on
which the last director signs the document.
(2) If a resolution is, under subsection (1), taken to have been passed at a
meeting of the Board, each director shall immediately be advised of the matter
and given a copy of the terms of the resolution.
(3) For the purposes of subsection (1), 2 or more separate documents
containing a statement in identical terms, each of which is signed by one or
more directors, shall be taken to constitute one document.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 66
Minutes
SECT
66. The Board shall keep minutes of its proceedings.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 67
Disclosure of interests
SECT
67. (1) If:
(a) a director has a direct or indirect pecuniary interest in a matter
being considered, or about to be considered, by the Board; and
(b) the interest could conflict with the proper performance of the
director's duties in relation to the consideration of the matter;
the director shall, as soon as practicable after the relevant facts come to
the director's knowledge, disclose the nature of the interest at a meeting of
the Board.
(2) A disclosure under subsection (1) shall be recorded in the minutes of
the meeting and, unless the Minister or the Board otherwise determines, the
director shall not:
(a) be present during any deliberation of the Board in relation to the
matter; or
(b) take part in any decision of the Board in relation to the matter.
(3) For the purpose of the making of a determination by the Board under
subsection (2) in relation to a director who has made a disclosure under
subsection (1), a director who has a direct or indirect pecuniary interest in
the matter to which the disclosure relates shall not:
(a) be present during any deliberation of the Board for the purpose of
making the determination; or
(b) take part in the making by the Board of the determination.
(4) Subsection (1) does not apply in relation to a matter relating to the
supply of goods or services for the director if the goods or services are, or
are to be, available to members of the public on the same terms and
conditions.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - DIVISION 2
Division 2-Provisions relating to directors other than
the Managing Director
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 68
Division applies to directors other than Managing Director
SECT
68. This Division applies in relation to the directors other than the
Managing Director.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 69
Appointment of directors
SECT
69. (1) The directors shall be appointed by the Governor-General.
(2) In appointing a person as a director, the Governor-General shall have
regard to the need to ensure that the directors collectively possess an
appropriate balance of expertise, and, in particular, that the directors
include a person who the Governor-General, having regard to consultations
between the Minister and representatives of industrial organisations
representing employees, is satisfied has an appropriate understanding of the
interests of employees.
(3) The appointment of a person as a director is not invalid merely because
of a defect or irregularity in relation to the appointment.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 70
Term of appointment
SECT
70. A director holds office, subject to this Act:
(a) in the case of a director other than a government director-for such
term (not longer than 5 years) as is specified in the instrument of
appointment; and
(b) in the case of a government director-during the Governor-General's
pleasure.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 71
Directors hold office on part time basis
SECT
71. Directors hold office on a part time basis.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 72
Remuneration and allowances
SECT
72. (1) A director shall be paid such remuneration as is determined by the
Remuneration Tribunal.
(2) If no determination of that remuneration by the Tribunal is in
operation, the director shall be paid such remuneration as is prescribed.
(3) A director shall be paid such allowances as are prescribed.
(4) This section has effect subject to the Remuneration Tribunal Act 1973.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 73
Leave of absence
SECT
73. The Board may grant leave of absence to a director on such terms and
conditions as the Board considers appropriate.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 74
Resignation
SECT
74. A director may resign by writing signed and delivered to the
Governor-General.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 75
Termination of appointment
SECT
75. (1) The Governor-General may terminate the appointment of a director for
misbehaviour or physical or mental incapacity.
(2) If a director:
(a) becomes bankrupt, applies to take the benefit of a law for the relief
of bankrupt or insolvent debtors, compounds with his or her creditors or makes
an assignment of his or her remuneration for their benefit;
(b) without reasonable excuse, contravenes section 67; or
(c) is absent, without the Board's leave and without reasonable excuse,
from 3 consecutive meetings of the Board;
the Governor-General shall terminate the director's appointment.
(3) Where:
(a) the Minister is of the opinion that the performance of the Board or
Telecom has been unsatisfactory for a significant period of time; and
(b) the Minister proposes that the appointment of
all directors or specified directors be terminated;
the Governor-General shall terminate the appointment of all directors or the
specified directors, as the case may be.
(4) Where:
(a) the Minister is of the opinion that the performance of a particular
director has been unsatisfactory for a significant period of time; and
(b) the Minister proposes that the appointment of
the director be terminated;
the Governor-General shall terminate the appointment of the director.
(5) If a person who is a government director ceases to be an officer of the
Australian Public Service, the person ceases to be a director.
(6) Subsections (1), (2), (3) and (4) do not apply in relation to a
government director.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 76
Terms and conditions of appointment not provided for by Act
SECT
76. A director holds office on such terms and conditions (if any) in
relation to matters not provided for by this Act as are determined by the
Minister in writing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 77
Deputy Chairperson
SECT
77. (1) When:
(a) the office of Chairperson is vacant; or
(b) the Chairperson is absent from Australia or is, for any reason,
unable
to attend meetings of the Board or otherwise unable to perform the duties of
the office;
the Deputy Chairperson shall act as Chairperson.
(2) While the Deputy Chairperson is acting as Chairperson, the Deputy
Chairperson has and may exercise all the powers, and shall perform all the
duties, of the Chairperson.
(3) Anything done by or in relation to the Deputy Chairperson while the
Deputy Chairperson is purporting to act as Chairperson is not invalid merely
because the occasion for the Deputy Chairperson to act as Chairperson had not
arisen or had ceased.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 78
Acting appointments
SECT
78. (1) The Minister may appoint a director to act as Deputy Chairperson:
(a) during a vacancy in the office of Deputy Chairperson; or
(b) during any period, or during all periods, when the Deputy Chairperson
is acting as Chairperson or is unable, for any reason, to attend meetings of
the Board.
(2) The Minister may appoint a person to act as a director referred to in
paragraph 22 (d):
(a) during a vacancy in the office of such a director; or
(b) during any period, or during all periods, when such a director is
acting as Deputy Chairperson or is unable, for any reason, to attend meetings
of the Board.
(3) Anything done by or in relation to a person purporting to act under this
section is not invalid merely because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in relation to the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - DIVISION 3
Division 3-Provisions relating to the Managing Director
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 79
Appointment
SECT
79. (1) The Managing Director shall be appointed by the Minister after the
Minister has received a recommendation from the Board.
(2) The Minister shall not appoint the Chairperson, the Deputy Chairperson
or a director referred to in paragraph 22 (d) as Managing Director.
(3) The appointment of a person as Managing Director is not invalid merely
because of a defect or irregularity in relation to the appointment.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 80
Managing Director holds office during Board's pleasure
SECT
80. The Managing Director holds office during the Board's pleasure.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 81
Managing Director holds office on full time basis
SECT
81. The Managing Director holds office on a full time basis.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 82
Terms and conditions of appointment not provided for by Act
SECT
82. The Managing Director holds office on such terms and conditions
(including terms and conditions relating to remuneration and allowances) in
relation to matters not provided for by this Act as are determined by the
Board.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 83
Disclosure of interests
SECT
83. The Managing Director shall give written notice to the Chairperson of
all direct and indirect pecuniary interests that the Managing Director has or
acquires in any business or in any body corporate carrying on any business.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 84
Acting Managing Director
SECT
84. (1) The Minister may appoint a director or another person to act as
Managing Director during a vacancy in the office of Managing Director.
(2) The Board may appoint a director or another person to act as Managing
Director during any period, or during all periods, when the Managing Director
is absent from duty or from Australia or is, for any other reason, unable to
perform the duties of the office.
(3) Anything done by or in relation to a person purporting to act as
Managing Director is not invalid merely because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in relation to the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 7
PART 7-TELECOM'S STAFF
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 85
Staff
SECT
85. (1) Telecom may engage such employees as are necessary for the
performance of its functions.
(2) The terms and conditions of employment shall be determined by Telecom.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 86
Telecom as employer
SECT
86. Telecom shall endeavour to achieve and maintain high standards as an
employer in relation to terms and conditions of employment, occupational
health, industrial safety, industrial democracy, non-discriminatory employment
practices and other matters.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 8
PART 8-TELECOM'S POWERS RELATING TO LAND
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 87
Power to inspect land etc.
SECT
87. (1) Telecom may:
(a) for the purpose of determining whether any land is suitable for its
purposes:
(i) enter on, and inspect, the land; and
(ii) do anything on the land that is necessary or desirable for
that
purpose, including, for example, making surveys, taking levels, sinking bores,
taking samples, digging pits and examining the soil; and
(b) for the purpose of surveying or obtaining information in relation to
any land that, in the opinion of Telecom, is or may be suitable for its
purposes:
(i) enter on any other land; and
(ii) do anything on the entered land that is necessary or desirable
for that purpose, including, for example, making surveys and taking levels.
(2) Before exercising its powers under subsection (1) in relation to any
land, Telecom shall give reasonable written notice of its intention to do so
to:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner-the
occupier.
(3) The notice shall specify the purpose for which Telecom intends to
exercise its powers in relation to the land.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 88
Powers relating to installation of facilities etc.
SECT
88. (1) Subject to subsections (5) and (6), Telecom may, for purposes
connected with the supply of a telecommunications service:
(a) construct a facility on, over or under any land; or
(b) attach a facility to any building or other structure.
(2) Without limiting subsection (1) or section 90, but subject to
subsections (5) and (6), Telecom may, for purposes connected with the
installation, maintenance or operation of a facility:
(a) enter on, and occupy, any land; and
(b) on, over or under the land do anything necessary or desirable for
those
purposes, including, for example:
(i) constructing, erecting and placing any plant, machinery,
equipment and goods;
(ii) felling and lopping trees and clearing and removing other
vegetation and undergrowth;
(iii) making cuttings and excavations;
(iv) restoring the surface of the land and, for that purpose,
removing and disposing of soil, vegetation and other material;
(v) erecting temporary workshops, sheds and other buildings; and
(vi) levelling the surface of the land and making roads.
(3) Before exercising its powers under this section in relation to any land,
Telecom shall give reasonable written notice of its intention to do so to:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner-the
occupier.
(4) The notice shall specify the purpose for which Telecom intends to
exercise its powers in relation to the land.
(5) Telecom shall not:
(a) close, divert or narrow a road or bridge;
(b) install a facility on, over or under a road or bridge;
(c) alter the position of a water, sewerage or gas main or pipe; or
(d) alter the position of an electricity cable or
wire;
unless it has given reasonable written notice of its intention to do so to the
person or authority responsible for the care and management of the road,
bridge, main, pipe, cable or wire.
(6) Telecom shall ensure that a facility installed over a road, bridge, path
or navigable water is installed in a way that will allow reasonable passage by
persons, vehicles and vessels.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 89
Trees may be cut etc.
SECT
89. (1) If any tree, undergrowth or vegetation on or over land owned or
occupied by the Commonwealth or a State or Territory, or an authority of the
Commonwealth or of a State or Territory, obstructs, or is likely to obstruct,
the operation of a facility, Telecom may cut down or lop the tree or clear the
undergrowth or vegetation.
(2) Before exercising its powers under subsection (1) in relation to any
land, Telecom shall give reasonable written notice of its intention to do so
to the person or authority responsible for the care and management of the
land.
(3) If any tree, undergrowth or vegetation on or over any private land
obstructs, or is likely to obstruct, the operation of a facility, Telecom may,
by written notice served on the owner of the land, require the owner to cut
down or lop the tree, or to clear and remove the undergrowth or vegetation, in
the manner, and within the period, specified in the notice.
(4) If the owner does not comply with the requirement, Telecom may enter the
land and cut down or lop the tree, or clear and remove the undergrowth or
vegetation, in the manner specified in the notice.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 90
Telecom may replace, repair and maintain facilities etc.
SECT
90. (1) Telecom may, at any time, alter, move, remove, replace or maintain:
(a) a facility constructed on, over or under any land; or
(b) a facility attached to a building or other structure.
(2) For the purpose of exercising powers under subsection (1), Telecom may
enter on, and occupy, land and may remove, or erect a gate in, any fence.
(3) Before removing, or erecting a gate in, a fence, Telecom shall take all
reasonable steps to give written notice of its intention to do so to the owner
of the land on which, or on the boundary of which, the fence is erected.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 91
Subdivider to pay for necessary alterations
SECT
91. (1) Where it becomes necessary, in the opinion of Telecom, because of
the subdivision of any land, to remove, or alter the position of, a facility
on, over or under the land, Telecom may enter the land and do anything
necessary or desirable for that purpose.
(2) The person who subdivided the land is liable to pay to Telecom the
reasonable cost of anything reasonably done by Telecom under subsection (1)
and that amount may be recovered in a court of competent jurisdiction as a
debt due to Telecom.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 92
Telecom to take steps to do as little damage as practicable etc.
SECT
92. (1) In exercising its powers under this Part, Telecom shall take all
reasonable steps to ensure that it causes as little detriment and
inconvenience, and does as little damage, as is practicable.
(2) If a person suffers financial loss or damage because of anything done by
Telecom under section 87, 88 or 90 in relation to any property owned by the
person or in which the person has an interest, there is payable to the person
by Telecom such reasonable amount of compensation as is agreed between them
or, failing agreement, as is determined by a court of competent jurisdiction.
(3) Compensation payable under subsection (2) includes compensation in
relation to:
(a) damage of a temporary character as well as of a permanent character;
and
(b) the taking of sand, soil, stone, gravel, timber, water and other
things.
(4) In this section:
'court of competent jurisdiction', in relation to property owned by a person
or in which a person has an interest, means:
(a) the Supreme Court of the State or Territory in which the property is
situated or was situated at the time of the relevant loss or damage; or
(b) an inferior court that has jurisdiction:
(i) for the recovery of debts up to an amount not less than the
amount of compensation claimed by the person; and
(ii) in relation to the locality in which the property, or part of
the property, is situated or was situated at the time of the relevant loss or
damage;
'inferior court' means:
(a) a County Court, District Court or Local Court of a State or
Territory;
or
(b) a court of summary jurisdiction exercising civil jurisdiction.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 93
Service of notices
SECT
93. (1) If:
(a) Telecom is unable, after diligent inquiry, to ascertain the identity
of
the owner of land; or
(b) Telecom is unable to serve a notice under this
Part on the owner of land either personally or by post;
Telecom may serve a notice under this Part on the owner by publishing a copy
of the notice in a newspaper circulating in a district in which the land is
situated and:
(c) if the land is occupied-serving a copy of the notice on the occupier;
or
(d) if the land is not occupied-attaching, if practicable, a copy of the
notice to a conspicuous part of the land.
(2) If Telecom is unable, after diligent inquiry, to ascertain:
(a) whether land is occupied; or
(b) the identity of a person occupying land; it may treat the land as
unoccupied land.
(3) If Telecom is unable to serve a notice under this Part on the occupier
of land either personally or by post, Telecom may serve a notice under this
Part on the occupier by:
(a) publishing a copy of the notice in a newspaper circulating in a
district in which the land is situated; and
(b) attaching, if practicable, a copy of the notice to a conspicuous part
of the land.
(4) This section does not affect the operation of any other law of the
Commonwealth, or any law of a State or Territory, that authorises the service
of a document otherwise than as provided in this section.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 9
PART 9-PROTECTION OF TELECOM'S PROPERTY
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 94
Compensation for interference or damage
SECT
94. (1) Where:
(a) a person does work (whether personally or by a servant or agent) in
circumstances in which the person (whether personally or through a servant or
agent) has reasonable cause to believe that the doing of the work is likely to
interfere with or damage Telecom's property; and
(b) the person (whether negligently or otherwise)
interferes with or damages the property in doing the work;
the person is liable to pay Telecom compensation for the interference or
damage.
(2) In a proceeding under subsection (1) against the person for the recovery
of compensation, it is a defence if the person proves:
(a) that, before the work was started, Telecom was given reasonable
written
notice of the work and a reasonable opportunity to discuss with the person the
manner in which the work was to be done; and
(b) that Telecom's employees were permitted to be present, and observe
the
work, while it was being done.
(3) This section does not affect the liability of the person in relation to
the interference or damage under any other law, but Telecom is not entitled to
be compensated twice for the interference or damage.
(4) This section does not apply in relation to:
(a) any impairment or potential impairment of the normal operation of a
telecommunications network; or
(b) any hazard or potential hazard to:
(i) a telecommunications network or facility;
(ii) Telecom's employees in the course of their duties; or
(iii) users of a telecommunications service
supplied by Telecom;
that results, or may result, from the transmission of electricity over an
electricity line or through any apparatus connected to an electricity line,
from the use of electricity in or in connection with any machinery, engines,
meters, lamps, transformers, fittings, apparatus or works or from the
generation or supply of electricity.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 95
Work done by Telecom to protect property
SECT
95. (1) Where:
(a) a person does, or proposes to do, work in the vicinity of any of
Telecom's property;
(b) because of the work, it is necessary for Telecom, for reasons of
safety
or for the purpose of protecting the property or ensuring the efficiency or
integrity of a telecommunications network operated by it, to alter, move,
remove, replace, or do other work in relation to, the property; and
(c) Telecom does that work; the person is liable to pay to Telecom such
reasonable amount (not exceeding the cost of the work done by Telecom) as
Telecom determines.
(2) Where:
(a) a person proposes to do work in the vicinity of any of Telecom's
property;
(b) the person requests Telecom to alter, move, remove, replace, or do
some
other work in relation to, the property for a purpose connected with the doing
of the proposed work; and
(c) Telecom does work in accordance with the
request;
the person is liable to pay to Telecom such reasonable amount (not exceeding
the cost of the work done by Telecom) as Telecom determines.
(3) Telecom may require the person to give security for the payment of any
amount that the person may become liable to pay under subsection (2).
(4) An amount payable under subsection (1) or (2) may be recovered as a debt
due to Telecom in a court of competent jurisdiction.
(5) A determination under subsection (1) or (2) shall be made in writing.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - PART 10
PART 10-MISCELLANEOUS
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 96
Application of State and Territory laws
SECT
96. (1) Subject to section 59 and subsection (2) of this section, Telecom is
not subject to any requirement, obligation, liability, penalty or disability
under a law of a State or Territory to which the Commonwealth is not subject.
(2) Subject to the regulations, subsection (1) applies only in relation to
the period beginning at the commencement of this Act and ending on 31 December
1990.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 97
Duty of Telecom's employees not to disclose contents of communications etc.
SECT
97. (1) Subject to subsection (2), it is the duty of a person who is an
employee of Telecom not to disclose any fact or document that:
(a) relates to:
(i) the contents or substance of a communication that has been
carried by Telecom or a communication in the course of telecommunications
carriage;
(ii) telecommunications services supplied, or intended to be
supplied, to another person by Telecom; or
(iii) the affairs or personal particulars (including any unlisted
telephone number or any address) of another person; and
(b) comes to the person's knowledge, or into the person's possession,
because the person is an employee of Telecom.
(2) Subsection (1) does not apply in relation to a disclosure by a person:
(a) in the performance of the person's duties as an employee of Telecom;
(b) as a witness summonsed to give evidence, or to produce documents, in
a
court of law;
(c) under the requirements of a law of the Commonwealth; or
(d) in prescribed circumstances.
(3) This section does not limit by implication any duty that a person who is
or has been an employee of Telecom has apart from this section.
(4) In this section:
'communication in the course of telecommunications carriage' means a
communication that is being carried by Telecom, and includes a communication
that has been collected or received by Telecom for carriage by it but has not
been delivered by it;
'employee', in relation to Telecom, includes a person who performs services
for or on behalf of Telecom and an employee of such a person.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 98
Delegation of Telecom's powers
SECT
98. (1) An authorised person may, in writing, delegate all or any of
Telecom's powers to an employee of Telecom.
(2) In subsection (1):
'authorised person' means:
(a) the Managing Director; or
(b) an employee of Telecom who is, for the time being, authorised by the
Board for the purposes of this section.
AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 - SECT 99
Delegation of Board's powers
SECT
99. (1) The Board may, by resolution, delegate all or any of its powers
(other than its powers under section 98 and Division 3 of Part 6) to a
director or an employee of Telecom.
(2) The delegate is, in the exercise of a delegated power, subject to the
directions of the Board.
(3) A delegation of a power under subsection (1):
(a) may be revoked by resolution of the Board (whether or not constituted
by the persons who constituted the Board when the power was delegated); and
(b) continues in force in spite of a change in the membership of the
Board.
(4) A certificate signed by the Chairperson stating any matter in relation
to a delegation of a power under subsection (1) is prima facie evidence of the
matter.
(5) A document purporting to be a certificate under subsection (4) shall,
unless the contrary is established, be taken to be such a certificate and to
have been properly given.
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