OTC Act 1946 (Cth)
Case
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OTC ACT 1946
- Reprinted as at 30 November 1989 (HISTACT CHAP 895 #DATE 30:11:1989)
- Reprinted as at 30 November 1989 (HISTACT CHAP 895 #DATE 30:11:1989)
*1* The OTC Act 1946 as shown in this reprint comprises Act No. 23,
Table of Acts
------------------------------------------------------------------------------ -- Act Number
and year Date of
Assent Date of
commencement Application,
saving
or transitional provisions
------------------------------------------------------------------------------ -- Overseas
Telecommunications Act
1946 23, 1946 7 Aug 1946 12 Aug 1946 (see
Gazette 1946, p.
2171)
Overseas
Telecommunications Act
1958 26, 1958 21 May 1958
18 June 1958 S. 2
Overseas
Telecommunications Act
1963 85, 1963 31 Oct 1963
31 Oct 1963 S. 2 (2)
Statute Law Revision
(Decimal Currency) Act
1966 93, 1966 29 Oct 1966
1 Dec 1966 -
Overseas
Telecommunications Act
1968 31, 1968 13 June
1968 13 June 1968 -
Overseas
Telecommunications Act
(No. 2) 1968 139, 1968 9 Dec 1968 24 July 1969
(see Gazette
1969, p. 4303) -
Overseas
Telecommunications Act
1971 9, 1971 29 Mar 1971
29 Mar 1971 S. 9
Statute Law Revision Act
1973 216, 1973
as
amended
by
20, 1974 19 Dec 1973
25 July
1974 31 Dec 1973
31 Dec 1973 -
-
Postal and
Telecommunications
Commissions (Transitional
Provisions) Act 1975 56, 1975 12 June
1975 Ss. 4 and 38: 1
July
1975 (see s. 2 (1)
and Gazette 1975,
No. S122, p. 1)
Remainder: Royal
Assent S. 38 (2)
Administrative Changes
(Consequential
Provisions) Act 1978 36, 1978 12 June
1978 12 June 1978 S. 8
Jurisdiction of Courts
(Miscellaneous
Amendments) Act 1979 19, 1979 28 Mar 1979
Parts II-XVII
(ss. 3-123):
15 May 1979
(see Gazette 1979,
No. S86, p. 1)
Remainder: Royal
Assent S. 124
Public Service and
Statutory Authorities
Amendment Act 1980 177, 1980 17 Dec 1980
Part VI (ss. 57
and
58): Royal Assent
(b) -
Statute Law Revision Act
1981 61, 1981 12 June
1981 S. 115: Royal
Assent
(c) -
Overseas
Telecommunications
Amendment Act 1981 115, 1981 24 June
1981 15 Dec 1981
(see Gazette 1981,
No. G50, p. 3) -
Radiocommunications
(Miscellaneous
Provisions)
Act 1982 66, 1982 16 June
1982 Part I (ss. 1 and
2)
and Part III (ss.
7
and 8): Royal
Assent
Remainder: 18 Oct
1982 (see s. 2) -
Statute Law
(Miscellaneous
Amendments) Act (No. 2)
1982 80, 1982 22 Sept
1982 S. 195: Royal
Assent
(d)
S. 196: 14 Feb
1983
(d)
Ss. 197-200:
20 Oct 1982 (d) -
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1983 39, 1983 20 June
1983 S. 3: 18 July 1983
(e) S. 7 (1)
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1983 91, 1983 22 Nov 1983
S. 3: 20 Dec 1983
(f) S. 6 (1)
Public Service and
Statutory Authorities
Amendment Act 1983 92, 1983 22 Nov 1983
22 Nov 1983 -
Radiocommunications
(Transitional Provisions
and Consequential
Amendments) Act 1983
as
amended
by 136, 1983 22 Dec 1983
20 Aug 1985 (see
s. 2
and Gazette 1985,
No. S322, p. 1) -
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1984 72, 1984 25 June
1984 S.3: (g) Ss. 2 (24)
and 5 (1)
Satellite Communications
(Consequential
Amendments) Act 1984 18, 1984 26 Apr 1984
26 Apr 1984 (see
s. 2) -
Public Service Reform Act
1984 63, 1984 25 June
1984 S. 153: 1 Nov 1984
(see Gazette 1984,
No. S383, p. 1)
(h) -
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1984 72, 1984 25 June
1984 S. 3: 23 July 1984
(j) S. 5 (1)
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1984 165, 1984 25 Oct 1984
S. 3: Royal Assent
(k) Ss. 2 (32) and
8
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1985 65, 1985 5 June 1985
S. 3: 3 July 1985
(l) -
Communications
Legislation Amendment Act
1985 119, 1985 21 Oct 1985
18 Nov 1985 -
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1986 76, 1986 24 June
1986 S. 3: Royal Assent
(m) Ss. 6 and 9
Communications
Legislation Amendment Act
1987 69, 1987 5 June 1987
S. 8 and Part V
(ss. 21 and 22):
24 June 1986
Remainder: 3 July
1987 -
Communications
Legislation Amendment Act
1988 36, 1988 22 May 1988
19 June 1988 -
OTC (Conversion into
Public Company) Act 1988 129, 1988 14 Dec 1988
Ss. 7 (2), 8 (2),
9, 11-22 and 25: 1
Apr 1989 (see
Gazette 1989, No.
S92, p. 1) S. 8
(1): 16 Mar 1989
S. 8 (3): 1 Apr
1989 Remainder:
Royal Assent -
Lands Acquisition (Repeal
and Consequential
Provisions) Act 1989 21, 1989 20 Apr 1989
9 June 1989 (see
s. 2 and Gazette
1989, No. S185, p.
1) -
Telecommunications and
Postal Services
(Transitional Provisions
and Consequential
Amendments) Act 1989 63, 1989 19 June
1989 Ss. 1 and 2: 19
June 1989
Part 5 (ss. 17,
18): 30 June 1989
(see s. 2 (3) and
Gazette 1989, No.
S216, p. 1) -
----------------------------------------------------------------------------- (a) Subsections 2 (2)-(4) of the Overseas Telecommunications Act 1952 provide as follows:
"(2) Subject to this section, each section inserted in the Principal Act
by this Act shall come into operation on the day on which this Act receives
the Royal Assent.
"(3) The sections inserted in the Principal Act by section six of this Act
shall be deemed to have come into operation on the date on which the several
Parts, Divisions and sections of the Principal Act were proclaimed to come
into operation.
"(4) The sections inserted in the Principal Act by sections seven and nine
of this Act shall come into operation on a date to be fixed by Proclamation."
The date fixed under subsection (3) for the commencement of sections 18A
and 18B was 12 August 1946 (see Gazette 1946, p. 2171).
The date fixed under subsection (4) for the commencement of sections 23 and 31 was 23 November 1955 (see Gazette 1955, p. 3824B).
(b) The OTC Act 1946 was amended by Part VI (ss. 57 and 58) only of the
Public Service and Statutory Authorities Amendment Act 1980, subsection 2 (1)
of which provides as follows:
"(1) Sections 1, 2, 3 and 4, sub-sections 5 (2) and 7 (2), (5), (6) and
(7), sections 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19, sub-sections 21 (1) and 37 (5), sections 38, 43 and 44, sub-section 45 (10) and sections 46 to 66
(inclusive) shall come into operation on the day on which this Act receives
the Royal Assent."
(c) The OTC Act 1946 was amended by section 115 only of the Statute Law
Revision Act 1981, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
(d) The OTC Act 1946 was amended by sections 195-200 only of the Statute Law
(Miscellaneous Amendments) Act (No. 2) 1982, subsections 2 (1), (12) and (16)
of which provide as follows:
"(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV,
LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which
this Act receives the Royal Assent.
"(12) Section 196 and Parts LVII and LXXIII shall come into operation on
the date of commencement of the Petroleum (Submerged Lands) Amendment Act
1980, or the day on which this Act receives the Royal Assent, whichever is the later.
"(16) The remaining provisions of this Act shall come into operation on
the twenty-eighth day after the day on which this Act receives the Royal
Assent."
(e) The OTC Act 1946 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1983, subsection 2 (1) of which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(f) The OTC Act 1946 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 2) 1983, subsection 2 (1) of which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(g) The Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1983 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1984, subsection 2 (18) of which
provides as follows:
"(18) The amendment of the Radiocommunications (Transitional Provisions
and Consequential Amendments) Act 1983 made by this Act shall come into
operation, or be deemed to have come into operation, as the case requires, on
the commencement of that Act."
In pursuance of subsection (18) the date fixed was 20 August 1985 (see
Gazette 1985, No. S322, p. 1).
(h) The OTC Act 1946 was amended by section 153 only of the Public Service
"(4) The remaining provisions of this Act shall come into operation on
such day as is, or on such respective days as are, fixed by Proclamation."
(j) The OTC Act 1946 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1984, subsection 2 (1) of which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(k) The OTC Act 1946 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (17) of which
provides as follows:
"(17) Section 8 and the amendments of the Overseas Telecommunications Act
1946 made by this Act shall come into operation on the day on which this Act
receives the Royal Assent."
(l) The OTC Act 1946 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(m) The OTC Act 1946 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1986, subsection 2 (1) of which
provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
Table of Amendments
Certain provisions of the OTC Act 1946, as amended, were repealed prior to
the renumbering by the Telecommunications and Postal Services (Transitional
Provisions and Consequential Amendments) Act 1989 (No. 63, 1989) or by that
Act. The amendment history of the repealed provisions appears in Table 1
below.
TABLE 1
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
----------------------------------------------------------------------------- Provision affected How affected
----------------------------------------------------------------------------- Preamble ........... am. No. 85, 1963
rep. No. 139, 1968
S. 6A .............. ad. No. 80, 1982
rep. No. 63, 1989
S. 7A .............. ad. No. 69, 1952
rep. No. 139, 1968
Div. 1 of Part II (ss.
8-17, 17A-17C) rep. No. 129, 1988
S. 8 ............... rep. No. 129, 1988
S. 9 ............... rs. No. 165, 1984
rep. No. 129, 1988
S. 10 .............. am. No. 85, 1963; No. 31, 1968
rs. No. 165, 1984
am. No. 119, 1985
rep. No. 129, 1988
S. 11 .............. rs. No. 26, 1958; No. 165, 1984
rep. No. 129, 1988
S. 12 .............. am. No. 26, 1958
rs. No. 165, 1984
rep. No. 129, 1988
S. 13 .............. am. No. 26, 1958; No. 91, 1983
rs. No. 165, 1984
rep. No. 129, 1988
S. 14 .............. rs. No. 26, 1958; No. 165, 1984
rep. No. 129, 1988
S. 15 .............. rs. No. 26, 1958; No. 165, 1984
am. No. 119, 1985
rep. No. 129, 1988
Ss. 15A, 15B ....... ad. No. 26, 1958
rep. No. 165, 1984
Ss. 16, 17 ......... rs. No. 165, 1984
rep. No. 129, 1988
Ss. 17A-17C ........ ad. No. 165, 1984
rep. No. 129, 1988
S. 18 .............. am. No. 69, 1952; No. 26, 1958; No. 93, 1966; Nos. 31 and
139, 1968; No. 216, 1973 (as am. by No. 20, 1974); No. 36, 1978; Nos. 63, 72 and 165, 1984; No. 65, 1985
rep. No. 129, 1988
Ss. 18A, 18B ....... ad. No. 69, 1952
rep. No. 129, 1988
S. 19 .............. ad. No. 26, 1958
rep. No. 129, 1988
Ss. 20-22 .......... rep. No. 129, 1988
S. 23 .............. rs. No. 69, 1952
am. No. 91, 1983; No. 76, 1986
rep. No. 129, 1988
S. 24 .............. rs. No. 69, 1952; No. 9, 1971
am. No. 72, 1984
rep. No. 129, 1988
S. 25 .............. rep. No. 129, 1988
S. 26 .............. rep. No. 31, 1968
S. 27 .............. am. No. 31, 1968
rep. No. 129, 1988
Ss. 28-30 .......... rep. No. 129, 1988
S. 31 .............. rs. No. 69, 1952
am. No. 216, 1973 (as am. by No. 20, 1974); No. 91, 1983
rep. No. 129, 1988
S. 32 .............. rep. No. 165, 1984
S. 33 .............. am. No. 31, 1968
rep. No. 129, 1988
S. 33AA ............ ad. No. 177, 1980
am. No. 61, 1981
rep. No. 92, 1983
S. 33AB ............ ad. No. 177, 1980
rep. No. 92, 1983
Part II (s. 33A) ... rep. No. 129, 1988
S. 33A ............. ad. No. 26, 1958
am. No. 93, 1966; No. 31, 1968; No. 216, 1973 (as am. by
No. 20, 1974); No. 129, 1988
rep. No. 63, 1989
S. 34 .............. am. No. 85, 1963; Nos. 31 and 139, 1968; No. 216, 1973 (as am. by No. 20, 1974); No. 80, 1982; No. 136, 1983
rep. No. 129, 1988
S. 34AA ............ ad. No. 69, 1987
rep. No. 129, 1988
S. 34A ............. ad. No. 85, 1963
am. No. 139, 1968; No. 115, 1981; No. 80, 1982; No. 69,
1987
rep. No. 129, 1988
S. 34B ............. ad. No. 80, 1982
am. No. 69, 1987
rep. No. 129, 1988
S. 34C ............. ad. No. 69, 1987
rep. No. 129, 1988
S. 35 .............. am. No. 85, 1963; No. 31, 1968; No. 56, 1975
rep. No. 129, 1988
S. 36 .............. rs. No. 139, 1968
rep. No. 129, 1988
S. 37 .............. rep. No. 69, 1952
ad. No. 115, 1981
am. No. 18, 1984; No. 76, 1986
rep. No. 129, 1988
S. 37A ............. ad. No. 76, 1986
rep. No. 129, 1988
S. 38 .............. am. No. 69, 1952; No. 26, 1958; No. 85, 1963; No. 93,
1966, No. 31, 1968; No. 119, 1985
rep. No. 129, 1988
S. 38AAA ........... ad. No. 119, 1985
am. No. 69, 1987; No. 36, 1988
rep. No. 129, 1988
S. 38AA ............ ad. No. 18, 1984
rep. No. 129, 1988
S. 38A ............. ad. No. 9, 1971
am. No. 80, 1982; No. 69, 1987
rep. No. 129, 1988
Ss. 39-41 .......... rep. No. 129, 1988 S. 42 .............. am. No. 69, 1952; No. 56, 1975
rs. No. 136, 1983
rep. No. 129, 1988
Div. 4 of Part II
(ss. 43-52) rep. No. 26, 1958
Div. 4 of Part II
(ss. 43-50) ad. No. 26, 1958
rep. No. 9, 1971
Div. 4 of Part II
(ss. 43-52, 52A) ad. No. 9, 1971
Div. 4 of Part II
(ss. 43-45, 45A-45E,
46-52, 52A) rep. No. 129, 1988
Ss. 43, 44 ......... rs. No. 26, 1958
am. No. 31, 1968
rs. No. 9, 1971
am. No. 36, 1978
rep. No. 129, 1988
S. 45 .............. rs. No. 26, 1958
am. No. 31, 1968
rs. No. 9, 1971
am. No. 36, 1978; No. 39, 1983
rs. No. 76, 1986
rep. No. 129, 1988
Ss. 45A-45E ......... ad. No. 76, 1986
rep. No. 129, 1988
S. 46 .............. rs. No. 26, 1958; No. 9, 1971
rep. No. 129, 1988
S. 47 .............. rs. No. 26, 1958; No. 9, 1971
am. No. 36, 1978
rep. No. 129, 1988
S. 48 .............. rs. No. 26, 1958
am. No. 139, 1968
rs. No. 9, 1971
rep. No. 129, 1988
Ss. 49, 50 ......... rs. No. 26, 1958; No. 9, 1971
rep. No. 129, 1988
S. 51 .............. rep. No. 26, 1958
ad. No. 9, 1971
rep. No. 129, 1988
S. 52 .............. rep. No. 26, 1958
ad. No. 9, 1971
am. No. 216, 1973 (as am. by No. 20, 1974); No. 39, 1983
rep. No. 129, 1988
S. 52A ............. ad. No. 9, 1971
rep. No. 129, 1988
Div. 5 of Part II
(ss. 53, 54) rep. No. 129, 1988
S. 53 .............. rs. No. 26, 1958
am. No. 36, 1978
rep. No. 129, 1988
S. 54 ............. rep. No. 129, 1988
Ss. 55-57 ......... rep. No. 129, 1988
S. 58 .............. am. No. 93, 1966
rep. No. 129, 1988
S. 59 .............. rep. No. 129, 1988
Part III (ss. 60, 61)
.................... rep. No. 63, 1989
S. 60 .............. am. No. 93, 1966; No. 129, 1988
rep. No. 63, 1989
S. 61 .............. am. No. 129, 1988
rep. No. 63, 1989
S. 62 .............. rep. No. 129, 1988
S. 63 .............. rep. No. 69, 1952
Part IV (ss. 64-73) rep. No. 129, 1988
S. 64 .............. am. No. 216, 1973 (as am. by No. 20, 1974); No. 61, 1981
rep. No. 129, 1988
S. 65 .............. rep. No. 129, 1988
S. 66 .............. am. No. 19, 1979
rep. No. 129, 1988
Ss. 67, 68 ......... rep. No. 129, 1988
Ss. 69, 70 ......... am. No. 19, 1979
rep. No. 129, 1988
Ss. 71-73 .......... rep. No. 129, 1988
S. 77 .............. rs. No. 31, 1968
am. No. 216, 1973 (as am. by No. 20, 1974); No. 56, 1975
rep. No. 129, 1988
----------------------------------------------------------------------------- The amendment history of the OTC Act 1946 after renumbering by the
Telecommunications and Postal Services (Transitional Provisions and
Consequential Amendments) Act 1989 appears in Table 2 below.
TABLE 2
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
----------------------------------------------------------------------------- Provision affected How affected
----------------------------------------------------------------------------- Title .............. rs. No. 129, 1988 S. 1 ............... am. No. 129, 1988 S. 3 ............... rs. No. 85, 1963
am. No. 139, 1968; No. 9, 1971
rep. No. 216, 1973 (as am. by No. 20, 1974)
ad. No. 129, 1988
am. No. 63, 1989
S. 4 ............... ad. No. 63, 1989 S. 5 ............... rep. No. 85, 1963
ad. No. 129, 1988
S. 6 ............... ad. No. 129, 1988
S. 7 ............... am. No. 69, 1952; No. 26, 1958; No. 85, 1963; Nos. 31 and
139, 1968; No. 9, 1971; No. 216, 1973 (as am. by No. 20,
1974); No. 115, 1981; No. 165, 1984; No. 76, 1986; No.
129, 1988
rep. No. 129, 1988
ad. No. 63, 1989
S. 8 ............... am. No. 216, 1973 (as am. by No. 20, 1974)
rs. No. 63, 1989
S. 9 ............... rs. No. 69, 1952
am. No. 85, 1963
rep. No. 139, 1968
ad. No. 63, 1989
Part II (ss. 10-13) ad. No. 129, 1988
Ss. 10-13 .......... ad. No. 129, 1988
Part III (ss. 14-21)
.................... ad. No. 129, 1988
Ss. 14-21 .......... ad. No. 129, 1988
Part IV (ss. 22-27) ad. No. 129, 1988
Ss. 22-27 .......... rs. No. 129, 1988
Part V (ss. 28-31) . rs. No. 129, 1988
Ss. 28-31 .......... rs. No. 129, 1988
Part VI (ss. 32-35) ad. No. 129, 1988
Ss. 32-35 .......... ad. No. 129, 1988
S. 36 .............. am. No. 66, 1982; No. 136, 1983 (as am. by No. 72, 1984)
rep. No. 129, 1988
ad. No. 63, 1989
S. 37 .............. am. No. 85, 1963; No. 139, 1969; No. 9, 1971; No. 91,
1983; No. 69, 1987
rs. No. 129, 1988; No. 63, 1989
S. 38 .............. am. No. 56, 1975; No. 129, 1988
rs. No. 63, 1989
S. 39 .............. rep. No. 69, 1952
ad. No. 26, 1958
am. No. 129, 1988
S. 40 .............. am. No. 56, 1975; No. 136, 1983; No. 36, 1988
rs. No. 129, 1988
Ss. 41-43 .......... ad. No. 129, 1988
S. 44 .............. ad. No. 129, 1988
am. No. 21, 1989
------------------------------------------------------------------------------ -- TABLE SHOWING NEW PART AND SECTION NUMBERS OF THE OTC ACT 1946 AFTER
RENUMBERING BY THE TELECOMMUNICATIONS AND POSTAL SERVICES (TRANSITIONAL
PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1989 (No. 63, 1989)
NOTE-This Table does not form part of the OTC Act 1946 and is printed for convenience of reference only.
------------------------------------------------------------------------------ -- Old
number New
number
------------------------------------------------------------------------------ -- Part I Part I
Section Section
1 1
2 2
3 3
3A 4
4 5
4A 6
5 7
6 8
7 9
Part IIA Part II
Section Section
54A 10
54B 11
54C 12
54D 13
Part IIB Part III
Section Section
54E 14
54F 15
54G 16
54H 17
54J 18
54K 19
54L 20
54M 21
Part IV Part IV
Section Section
64 22
65 23
Section Section
66 24
67 25
68 26
69 27
Part IVA Part V
Section Section
70 28
71 29
72 30
73 31
Part IVB Part VI
Division 1 Division 1
Section Section
73A 32
73B 33
73C 34
Division 2 Division 2
Section Section
73D 35
74 36
75 37
76 38
79 39
79A 40
79B 41
79C 42
79D 43
80 44
OTC ACT 1946 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short Title
2. Commencement
3. Interpretation
4. Interpretation-Telecommunications Act
5. Operating under a name
6. Subsidiaries
7. Extraterritorial operation of Act
8. Extension of Act to external Territories
9. Extension of Act to adjacent areas
PART II-CREATION OF CAPITAL STRUCTURE AND OTHER STEPS PRIOR TO
CONVERSION OF OTC INTO PUBLIC COMPANY
10. Share capital of OTC
11. Issue of shares in OTC
12. OTC to apply to be registered as company etc.
13. New name of OTC
PART III-CONVERSION OF OTC INTO PUBLIC COMPANY
14. OTC taken to be registered under Companies Act
15. Memorandum and articles of OTC
16. Membership of OTC
17. Application of certain provisions of Companies Act
18. Accounting records
19. Accounts
20. Operation of section 25B of Acts Interpretation Act
21. Effect of Part-summary
PART IV-USE OF CERTAIN NAMES
22. Protected body may operate under protected company name
23. Protected body may operate under protected business name
24. Other persons not to use protected names
25. Exceptions for pre-existing rights
26. Use of other names by protected bodies
27. Effect on State and Territory laws
PART V-STAFF MATTERS
28. Employment of staff members continues after transition
29. Act not to affect certain matters relating to staff matters
30. Effect of sections 28 and 29
31. Application of Part IV of Public Service Act
PART VI-TAXATION MATTERS
Division I-Exemption from certain taxes
32. Interpretation
33. Exemptions relating to exempt matters
34. Authorised person may certify in relation to exemptions
Division 2-Application of Income Tax Assessment Act
35. OTC to be taken to have had share capital
36. International obligations
37. Duty of OTC's employees not to disclose contents of
communications etc.
38. Immunity from certain actions
39. OTC not public authority etc.
40. Judicial notice of OTC's seal
41. Compensation for acquisition of property
42. Public Works Committee Act
43. Lands Acquisition Act
44. Regulations
OTC ACT 1946 - LONG TITLE SECT
An Act relating to the constitution of OTC as a public company,
and for other purposes
OTC ACT 1946 - PART I
PART I-PRELIMINARY
OTC ACT 1946 - SECT 1
Short titleSECT
1. This Act may be cited as the OTC Act 1946.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
OTC ACT 1946 - SECT 2
CommencementSECT
2. The several Parts, Divisions and sections of this Act shall come into operation on such dates as are respectively fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
OTC ACT 1946 - SECT 3
InterpretationSECT
3. In this Act, unless the contrary intention appears:
"amount" includes a nil amount;
"articles" means articles of association;
"Australia", when used in a geographical sense, includes the external Territories;
"Australian Capital Territory" includes the Jervis Bay Territory;
"authorised person" means:
(a) the Minister; or
(b) the holder of an authorising office;
"authorising office" means an office, in the Department, which is declared by writing signed by the Minister to be an authorising office for the purposes of this definition;
"employment", in relation to a staff member, means employment by, or service with, OTC;
"group company" means:
(a) OTC; or
(b) a wholly-owned subsidiary of OTC;
"liability" includes a debt or obligation;
"member", in relation to OTC at any time before the transition, includes a Commissioner;
"memorandum" means memorandum of association;
"operate", in relation to a name, has the meaning given by section 4;
"OTC" means the body corporate that, at the commencement of this section, exists, because of subsection 8 (1), under the name "Overseas Telecommunications Commission (Australia)";
"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
"protected body" means a group company that is a trading corporation, or a financial corporation, within the meaning of paragraph 51 (20) of the Constitution;
"protected business name" means any of the following names:
(a) "OTC";
(b) "OTC Australia";
(c) "OTC International";
(d) "OTCI";
(e) "Overseas Telecommunications";
(f) "Overseas Telecommunications Corporation";
(g) such other names as are prescribed for the purposes of this
definition;
"protected company name" means any of the following names:
(a) "OTC Limited";
(b) "OTC International Limited";
(c) a name consisting only of the words "Overseas Telecommunications"
and words or abbreviations included in the name in order to comply with a law in force in a State or Territory;
(d) such other names as are prescribed for the purposes
of this definition;
"protected name" means a protected business name or a protected company name;
"protection time", in relation to a protected name, means the time immediately before:
(a) in the case of "OTC" and "OTC Australia"-5 February
1979;
(b) in the case of "OTC International", "OTCI" and "OTC
International Limited"-10 December 1987;
(c) in the case of a name
prescribed for the purposes of the definition of "protected business name" or "protected company name"-the name first became so prescribed; or
(d) in
any other case-the commencement of section 16 of the OTC (Conversion into Public Company) Act 1988;
"registered", in relation to a name, includes reserved;
"share", in relation to a body corporate, means a share in the share capital of the body corporate;
"staff member" means a person who, immediately before the transition, is:
(a) the Managing Director of OTC;
(b) an officer of OTC; or
(c) a temporary or casual employee of OTC;
"subsidiary" has the meaning given by section 6;
"transfer" includes a sale, conveyance or assignment;
"transition" means the commencement of Part III;
"wholly-owned subsidiary", in relation to a body corporate (in this definition called the "holding body"), means a body corporate:
(a) that is a subsidiary of the holding body;
(b) none of whose members is a person other than:
(i) the holding body;
(ii) a body corporate that is, under any other
application or applications of this definition, a wholly-owned subsidiary of the holding body; or
(iii) a nominee of the holding body or of a body of a kind
referred to in subparagraph (ii); and
(c) no share in which is beneficially
owned by a person other than:
(i) the holding body; or
(ii) body of a
kind referred to in subparagraph (b) (ii).
OTC ACT 1946 - SECT 4
Interpretation-Telecommunications ActSECT
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.
OTC ACT 1946 - SECT 5
Operating under a nameSECT
5. A reference in this Act to a body operating in a State or Territory under a particular name includes a reference to the body engaging in conduct that, for the purposes of a law in force in the State or Territory, constitutes:
(a) in any case-using the name in the State or Territory;
(b) if the name is the body's name-establishing a place of business, or carrying on business, within the State or Territory; or
(c) if paragraph (b) does not apply-carrying on business under the name in the State or Territory.
OTC ACT 1946 - SECT 6
SubsidiariesSECT
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.
OTC ACT 1946 - SECT 7
Extraterritorial operation of ActSECT
7. This Act applies both within and outside Australia.
OTC ACT 1946 - SECT 8
Extension of Act to external TerritoriesSECT
8. This Act extends to the external Territories.
OTC ACT 1946 - SECT 9
Extension of Act to adjacent areasSECT
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.
OTC ACT 1946 - PART II
PART II-CREATION OF CAPITAL STRUCTURE AND OTHER STEPS PRIOR TO
CONVERSION OF OTC INTO PUBLIC COMPANY
OTC ACT 1946 - SECT 10
Share capital of OTCSECT
10. (1) As from the commencement of this Part, OTC shall have a share capital. (2) The amount of the share capital shall be equal to the amount that subsection 11 (1) requires to be applied as mentioned in that subsection.
(3) The share capital shall be divided into shares of $1 each.
(4) As from the transition, this section has effect subject to the Companies Act 1981.
OTC ACT 1946 - SECT 11
Issue of shares in OTCSECT
11. (1) As soon as practicable after the commencement of this Part, OTC shall apply the capital that it has at that commencement in paying up, in full, shares in OTC. (2) If the amount of the capital is not a multiple of $1, subsection (1) applies as if the amount were reduced to the nearest multiple of $1.
(3) As soon as practicable after complying with subsection (1), OTC shall issue the shares paid up under that subsection:
(a) to the Commonwealth; or
(b) to nominees of the Commonwealth;
as the Minister directs in writing.(4) The issue of shares under subsection (3) discharges in full OTC's obligations to repay the capital to the Commonwealth.
(5) The shares issued under subsection (3) shall be taken to have been issued for valuable consideration other than cash, being the discharge effected by subsection (4).
(6) A person is not a member of OTC at any time before the transition merely because the person holds shares in OTC.
OTC ACT 1946 - SECT 12
OTC to apply to be registered as company etc.SECT
12. (1) OTC shall, before the transition:
(a) apply to the National Companies and Securities Commission under subsection 85 (1) of the Companies Act 1981 to be registered as a company limited by shares within the meaning of that Act;
(b) apply to the National Companies and Securities Commission under subsection 55 (1) of the Companies Act 1981 for the reservation of the name "OTC Limited"; and
(c) lodge with the National Companies and Securities Commission a proposed memorandum, and proposed articles, for OTC.(2) The application mentioned in paragraph (1) (a) shall, subject to the regulations, be accompanied by the documents required by subsection 85 (4) of the Companies Act 1981 to accompany such an application.
(3) The applications mentioned in paragraphs (1) (a) and (b) shall be made to the National Companies and Securities Commission by delivering them to the office of the Corporate Affairs Commission for the Australian Capital Territory, and the documents mentioned in paragraph (1) (c) and subsection (2) shall be lodged with the National Companies and Securities Commission by lodging them at that office.
(4) OTC shall be taken to be entitled to make the applications referred to in paragraphs (1) (a) and (b), and to lodge the documents mentioned in paragraph (1) (c) and subsection (2).
(5) The National Companies and Securities Commission shall be taken:
(a) to have been required to reserve the name "OTC Limited" under subsection 55 (2) of the Companies Act 1981; and
(b) to have so reserved that name immediately after the making of the application mentioned in paragraph (1) (b).
OTC ACT 1946 - SECT 13
New name of OTCSECT
13. (1) On the day immediately before the transition, OTC's name is, by force of this subsection, changed to "OTC Limited". (2) Subsection 65 (5) of the Companies Act 1981 applies in relation to the change of name made by subsection (1) as if:
(a) OTC were a company, within the meaning of that Act, when the change was made; and
(b)the change were made under that Act.(3) This section has effect in spite of anything in the Companies Act 1981, but nothing in this section prevents:
(a) OTC from later changing its name under section 65 of that Act; or
(b)the cancellation, under Division 2 of Part III of that Act, of the registration of a name.
OTC ACT 1946 - PART III
PART III-CONVERSION OF OTC INTO PUBLIC COMPANY
OTC ACT 1946 - SECT 14
OTC taken to be registered under Companies ActSECT
14. (1) The National Companies and Securities Commission shall be taken:
(a) to have been required to grant the application mentioned in paragraph 12 (1) (a) and to register OTC as a company under subsection 86 (2) of the Companies Act 1981;
(b) to have granted the application at the commencement of this Part;
(c) to have so registered OTC, at the commencement of this Part:
(i) by the name "OTC Limited"; and
(ii) in accordance with
subsections 86 (3) and (4) of that Act, as a public company, and as a company limited by shares, within the meaning of that Act; and
(d) to have registered the name "OTC Limited" in relation to OTC at the commencement of this Part, under subsection 55 (4) of the Companies Act 1981.(2) The date of commencement of OTC's registration as a company under Division 4 of Part III of the Companies Act 1981 shall be taken to be the day of commencement of this Part.
(3) For the purposes of Division 4 of Part III of the Companies Act 1981, OTC shall be taken to have been on the day before the commencement of this Part, and to be at that commencement, a corporation within the meaning of that Act.
OTC ACT 1946 - SECT 15
Memorandum and articles of OTCSECT
15. (1) As from the commencement of this Part, the proposed memorandum, and the proposed articles, lodged under paragraph 12 (1) (c):
(a) are respectively the memorandum, and the articles, of OTC; and
(b) bind OTC and its members accordingly.(2) As from the commencement of this Part, the Companies Act 1981 applies in relation to OTC's memorandum and articles as if they had been registered as such under that Act.
OTC ACT 1946 - SECT 16
Membership of OTCSECT
16. (1) A person who immediately before the commencement of this Part was, or was acting as, a member of OTC ceases at that commencement to be, or to act as, such a member. (2) Each person who holds shares in OTC at the commencement of this Part becomes, by force of this subsection, a member of OTC at that commencement.
(3) A person referred to in subsection (2) is, in relation to membership of OTC, entitled to the same rights, privileges and benefits, and is subject to the same duties, liabilities and obligations, as if the person had become a member of OTC under OTC's memorandum and articles.
OTC ACT 1946 - SECT 17
Application of certain provisions of Companies ActSECT
17. (1) Where all the shares in OTC are beneficially owned by the Commonwealth, subsection 82 (1), and paragraph 364 (1) (d), of the Companies Act 1981 do not apply in relation to OTC, and subsection 244 (6) of that Act applies in relation to OTC as if:
(a) the Commonwealth were a holding company, within the meaning of that subsection, of OTC;
(b) the Commonwealth held the whole of the issued shares in OTC; and
(c) the Minister were a representative of the Commonwealth authorised under subsection 244 (3) of that Act.(2) Paragraph 86 (6) (b) and subsections 87 (4) and 90 (5) of the Companies Act 1981 do not apply in relation to OTC.
(3) For the purposes of section 360 of the Companies Act 1981, a person is not a past member of OTC merely because he or she was a member of OTC, or acted as a member of OTC, before the commencement of this Part.
OTC ACT 1946 - SECT 18
Accounting recordsSECT
18. For the purposes of the Companies Act 1981, accounts and records kept under section 49 of this Act shall be taken to be accounting records kept by OTC under a provision of a previous law of the Australian Capital Territory, being a provision corresponding to section 267 of the Companies Act 1981.
OTC ACT 1946 - SECT 19
AccountsSECT
19. (1) This section has effect for the purposes of:
(a) the Companies Act 1981; and
(b) the Companies (Transitional Provisions) Act 1981 as it applies in relation to, and in relation to persons and matters associated with, OTC because of subsection 90 (6) of the Companies Act 1981.
(2) A report and financial statements that were prepared under section 53 of this Act in relation to a period and furnished to the Minister on a particular day shall be taken to be a profit and loss account of OTC that was: (a) made out in relation to that period; and
(b) laid before the body at an annual general meeting of the body held on that day.
OTC ACT 1946 - SECT 20
Operation of section 25B of Acts Interpretation ActSECT
20. Nothing in this Act or in the Companies Act 1981 affects, or is affected by, section 25B of the Acts Interpretation Act 1901 as that section applies in relation to OTC.
OTC ACT 1946 - SECT 21
Effect of Part-summarySECT
21. After the commencement of this Part:
(a) OTC is a company registered under the Companies Act 1981;
(b) OTC's name is "OTC Limited";
(c) OTC is a public company, and a company limited by shares, within the meaning of that Act; and
(d) that Act applies, subject to this Act, in relation to OTC.
OTC ACT 1946 - PART IV
PART IV-USE OF CERTAIN NAMES
OTC ACT 1946 - SECT 22
Protected body may operate under protected
company nameSECT
22. A protected body whose name is a protected company name may operate under the name in a State or Territory even if the name is not registered in relation to the body under a particular law, or any law, in force in the State or Territory.
OTC ACT 1946 - SECT 23
Protected body may operate under protected business nameSECT
23. (1) A protected body may operate under a protected business name in a State or Territory even if the name is not registered in relation to the body under a particular law, or any law, in force in the State or Territory. (2) Nothing in this section permits more than one body to operate under the same name at the same time in the same State or Territory.
OTC ACT 1946 - SECT 24
Other persons not to use protected namesSECT
24. (1) A person other than a protected body shall not:
(a) use in relation to a business, trade, profession or occupation;
(b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft);
(c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or
(d) use in relation to:
(i) goods or services; or
(ii) the promotion, by any
means, of the supply or use of goods or services;
a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it.
Penalty: $1,000.(2) Nothing in subsection (1) limits anything else in that subsection.
OTC ACT 1946 - SECT 25
Exceptions for pre-existing rightsSECT
25. (1) Nothing in section 24, so far as it applies in relation to a particular protected name, affects rights conferred by law on a person in relation to:
(a) a trade mark that is registered under the Trade Marks Act 1955; or
(b) a design that is registered under the Designs Act 1906;
and was so registered at the protection time in relation to the name.
(2) Nothing in section 24, so far as it applies in relation to a particular protected name, affects the use, or rights conferred by law relating to the use, of a name (in this subsection called the "relevant name") by a person in a particular manner if, at the protection time in relation to the protected name, the person:
(a) was using the relevant name 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 relevant name or a similar name, goods or services as the goods or services of the first-mentioned person.
OTC ACT 1946 - SECT 26
Use of other names by protected bodiesSECT
26. This Part does not prevent a protected body from operating in a State or Territory under a name other than a protected name.
OTC ACT 1946 - SECT 27
Effect on State and Territory lawsSECT
27. This Part does not prevent a protected body from registering a name under a law of a State or Territory.
OTC ACT 1946 - PART V
PART V-STAFF MATTERS
OTC ACT 1946 - SECT 28
Employment of staff members continues after transitionSECT
28. Each staff member continues at and after the transition to be employed by OTC.
OTC ACT 1946 - SECT 29
Act not to affect certain matters relating to staff membersSECT
29. (1) This section has effect for the purposes of the application, at any time at or after the transition, of a law, award, determination or agreement in relation to the employment of a staff member.
(2) Neither his or her contract of employment, nor his or her period of employment, shall be taken to have been broken by the operation of this Act.
(3) Without limiting section 28 or subsection (2) of this section, this Act does not affect any accrued rights that the staff member had immediately before the transition in relation to any kind of leave.
(4) Where:
(a) if the staff member had, immediately before the transition, ceased to be employed by OTC, it would have been necessary to take into account a period during which the staff member was employed by OTC or any other person to determine:
(i) an amount payable to the staff member; or
(ii) a benefit
to which the staff member would have been entitled;
because of his or her so ceasing; and
(b) but for this subsection, some or all of that period would not have to be taken into account as a period during which the staff member was employed by OTC;
OTC shall treat the whole of the first-mentioned period as a period during which the staff member was employed by it.
OTC ACT 1946 - SECT 30
Effect of sections 28 and 29SECT
30. Sections 28 and 29 are enacted only for the avoidance of doubt and, in particular, do not limit subsection 65 (5) or 87 (2) of the Companies Act 1981.
OTC ACT 1946 - SECT 31
Application of Part IV of Public Service ActSECT
31. For the purposes of the application, after the transition, of Part IV of the Public Service Act 1922 in relation to a staff member, OTC shall be taken to be declared, by regulations in force under that Act, to be a Commonwealth authority for the purposes of that Part.
OTC ACT 1946 - PART VI
PART VI-TAXATION MATTERS
OTC ACT 1946 - DIVISION 1
Division 1-Exemption from certain taxes
OTC ACT 1946 - SECT 32
InterpretationSECT
32. In this Division:
"exempt matter" means:
(a) the issue of shares under subsection 11 (3);
(b) the reservation of
name made by paragraph 12 (5) (b);
(c) the change of name made by subsection
13 (1);
(d) OTC's registration as a company by force of this
Act;
(e) the operation of this Act; or
(f) giving effect to a matter
referred to in another paragraph of this definition or otherwise giving effect to this Act;
"tax" includes:
(a) sales tax;
(b) tax imposed by the Debits Tax Act 1982;
(c) fees payable under the Companies (Fees) Act 1981;
(d) stamp duty; and
(e) any other tax, fee, duty, levy or charge;
but does not include income tax imposed as such by a law of the Commonwealth.
OTC ACT 1946 - SECT 33
Exemptions relating to exempt mattersSECT
33. Tax under a law of the Commonwealth or a State or Territory is not payable in relation to:
(a) an exempt matter; or
(b) anything done (including, for example, 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.
OTC ACT 1946 - SECT 34
Authorised person may certify in relation to exemptionsSECT
34. (1) An authorised person may, by signed writing, certify that:
(a) a specified matter or thing is an exempt matter; or
(b) a specified thing was done (including, for example, 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, a specified exempt matter.(2) For all purposes and in all proceedings, a certificate under subsection (1) is conclusive evidence of the matters certified, except so far as the contrary is established.
OTC ACT 1946 - DIVISION 2
Division 2-Application of Income Tax Assessment Act
OTC ACT 1946 - SECT 35
OTC to be taken to have had share capitalSECT
35. For the purposes of the Income Tax Assessment Act 1936, OTC shall be taken to have had, at all times before it complies with subsection 11 (3) of this Act, a share capital, all the issued shares in which were, at all such times, beneficially owned by the Commonwealth.
OTC ACT 1946 - SECT 36
International obligationsSECT
36. OTC shall exercise its powers in a way consistent with Australia's obligations under any convention.
OTC ACT 1946 - SECT 37
Duty of OTC's employees not to disclose contents of communications etc.SECT
37. (1) Subject to subsection (2), it is the duty of a person who is an employee of OTC not to disclose any fact or document that:
(a) relates to:
(i) the contents or substance of a communication that has been carried by
OTC or a communication in the course of telecommunications carriage;
(ii) telecommunications services supplied, or intended to be
supplied, to another person by OTC; 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 OTC.(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 OTC;
(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 OTC has apart from this section.
(4) In this section:
"communication in the course of telecommunications carriage" means a communication that is being carried by OTC, and includes a communication that has been collected or received by OTC for carriage by it, but has not been delivered by it;
"employee", in relation to OTC, includes a person who performs services for or on behalf of OTC and an employee of such a person.
OTC ACT 1946 - SECT 38
Immunity from certain actionsSECT
38. An action or proceeding does not lie against OTC 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 OTC in relation to the supply of a reserved service.
OTC ACT 1946 - SECT 39
OTC not public authority etc.SECT
39. OTC, as it exists after the transition, shall be taken for the purposes of a law of the Commonwealth or a State or Territory:
(a) not to have been incorporated or established for a public purpose or for a purpose of the Commonwealth;
(b) not to be a public authority or an instrumentality or agency of the Crown; and
(c) not to be entitled to any immunity or privilege of the Commonwealth;
except so far as express provision is made by a law of the Commonwealth, State or Territory, as the case may be, or the regulations otherwise provide.
OTC ACT 1946 - SECT 40
Judicial notice of OTC's sealSECT
40. (1) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of OTC appearing on a document and shall presume that it was duly affixed.
(2) Subsection (1) applies only in relation to an imprint that was affixed, or appears to have been affixed, before the transition.
OTC ACT 1946 - SECT 41
Compensation for acquisition of propertySECT
41. (1) Where, but for this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by OTC such reasonable amount of compensation as is agreed on between the person and OTC or, failing agreement, as is determined by a court of competent jurisdiction.
(2) Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than under this section shall be taken into account in assessing compensation payable in proceedings that are instituted under this section and that arise out of the same event or transaction.
(3) In this section, "acquisition of property" and "just terms" have the same respective meanings as in paragraph 51 (31) of the Constitution.
OTC ACT 1946 - SECT 42
Public Works Committee ActSECT
42. The Public Works Committee Act 1969 does not apply in relation to OTC.
OTC ACT 1946 - SECT 43
Lands Acquisition ActSECT
43. (1) The Lands Acquisition Act 1989 does not apply in relation to the acquisition of land, or an interest in land, by OTC by agreement.
(2) In subsection (1):
"interest", in relation to land, means:
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in relation to, the land.
OTC ACT 1946 - SECT 44
RegulationsSECT
44. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
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OTC Act 1946 (Cth)
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