Telecommunications Amendment Act 1988 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1975
3. Principal Act
4. Insertion of new section:
3аa. Application of Act
5. Omission of heading to Part II and insertion of new heading:
PART II—ESTABLISHMENT, FUNCTIONS AND GENERAL POWERS OF CORPORATION
6. Repeal of section 4 and insertion of new sections:
4. Australian Telecommunications Corporation
4a. Corporation is body corporate etc.
7. Insertion of new section:
5a. Subsidiary function
8. Particular powers of Commission
9. Repeal of section 10a and insertion of new section:
10a. Commission to notify Minister of significant business activities
10. Insertion of new section:
10b. Delegation of Corporation’s powers
11. Charges for telecommunications services and other services
12. Repeal of Part IV and insertion of new Part:
TABLE
OF PROVISIONS
Section PART
IV
21. Establishment
22. Role
23. Directions to Board
24. Constitution
25. Meetings etc.
26. Disclosure of interests
27. Delegation of Board’s powers
28. Managing Director
29. Duties
30. Application of Division
31. Appointment of directors
32. Term of appointment
33. Directors hold office on part time basis
33a. Remuneration and allowances
33b. Leave of absence
33c. Resignation
33d. Termination of appointment
33e. Terms and conditions of appointment not provided for by Act
33f. Deputy Chairperson
33g. Acting appointments
33h. Appointment
33j. Managing Director to hold office during Board’s pleasure etc.
33k. Managing Director holds office on full time basis
33l. Terms and conditions of appointment not provided for by Act
33m. Disclosure of interests
33n. Acting Managing Director
13. Repeal of Division 1 of Part V
14. Repeal of Divisions 2 to 7 of Part V and insertion of new sections:
38. Staff
39. Corporation as employer
15. Borrowings otherwise than from Commonwealth
16. Financial policy of Commission
17. Repeal of section 74
18. Application of money
19. Repeal of sections 79 and 79a
20. Annual report
21. Rewards for information as to damage to property
22. Insertion of new sections:
110a. Public Works Committee Act
110b. Lands Acquisition Act
23. Consequential and minor amendments of Principal Act
PART III—AMENDMENT OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
24. Principal Act
25. Telecommunications not to be intercepted
TABLE OF
PROVISIONS
Section PART
IV
ACTS
26. Consequential amendments
PART V—TRANSITIONAL PROVISIONS
27. Charging determinations
28. Directions
29. Delegations
30. Existing Managing Director
31. Existing Chief General Manager
32. Employment of staff members to continue
33. Heading to Division 1 of Part V
34. Divisions 2 to 7 of Part V etc.
35. Division 8 of Part V
36. Disclosure of contents of telecommunications message
37. By-laws
38. Telecommunications (Interception) Act
39. Transfer of funds
SCHEDULE 1
CONSEQUENTIAL AND MINOR AMENDMENTS OF TELECOMMUNICATIONS ACT 1975
SCHEDULE 2
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“3aa. This Act applies both within and outside Australia.”.
“4. The Australian Telecommunications Commission is, by this section, preserved, and continued in existence, under the name of the Australian Telecommunications Corporation.
“4a. The Corporation:
(a) continues to be a body corporate;
(b) shall have a seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.”.
“5a. (1) It is a subsidiary function of the Commission to carry on, outside Australia, business relating to telecommunications.
“(2) The Commission shall not carry on the business of providing space satellite facilities for use in telecommunications systems for neighbouring regions.
“(3) In subsection (2), ‘neighbouring
regions’ and ‘space satellite’ have the same respective meanings as they have
in the
(a) by omitting from paragraph (1) (f) “and”;
(b) by omitting paragraph (1) (g) and substituting the following paragraphs:“(g) to form, and participate in the formation of, companies;
(h) to subscribe for and purchase shares in, and debentures and other securities of, companies;
(j) to enter into partnerships;
(k) to participate in joint ventures and arrangements for the sharing of profits;
(m) to enter into contracts (including futures contracts);
(n) to deal with futures contracts;
(o) to appoint agents and attorneys, and act as agent for other persons;
(p) to accept gifts, grants, bequests and devises made to it, and act as trustee of money and other property vested in it by trust;
(q) to do such other things as it is authorised to do by or under this Act or any other Act; and
(r) to do anything incidental to any of its powers.”;
(c) by adding at the end the following subsections:“(5) Nothing in this Act authorises the Commission to form, or participate in the formation of, a company that would carry on the business of providing:
(a) a telecommunications system for Australia by the use of space satellites; or
(b) space satellite facilities for use in telecommunications systems for neighbouring regions.
“(6) In subsection (5), ‘Australia’, ‘neighbouring regions’ and ‘space satellite’ have the same respective meanings as they have in the
Satellite Communications Act 1984 ”.
“10a. (1) If the Commission, or a subsidiary of the Commission, proposes:
(a) to form, or participate in the formation of, a company;
(b) to enter into a partnership;
(c) to enter into a joint venture or an arrangement for the sharing of profits;
(d) to acquire a major shareholding in a company;
(e) to acquire a substantial business; or
(f) to undertake a significant new business activity;
the Commission shall immediately give written notice of particulars of the proposed activity to the Minister.
“(2) The Minister may, by written notice given to the Commission, make guidelines to be applied by the Commission in determining whether an activity is an activity falling within paragraph (1) (d), (e) or (f).
“(3) For the purposes of
this section, 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
“(4) This section does not limit the operation of subsection 100 (2).”.
“10b. (1) An authorised person may, in writing, delegate to an employee all or any of the powers of the Corporation under this or any other Act.
“(2) In subsection (1):
‘authorised person’ means:
(a) the Managing Director; or
(b) an employee who is, for the time being, authorised by the Board for the purposes of this section.”.
“21. There shall be a Board of Directors of the Corporation.
“22. (1) It is the role of the Board to determine the policies to be pursued by the Corporation.
“(2) In carrying out its role, the Board shall ensure the proper and efficient performance of the Corporation’s functions and duties.
“23. (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 the Corporation’s functions, and the exercise of the Corporation’s powers, 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 rentals or charges referred to in section 11.
“(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.
“24. The Board consists of:
(a) the Chairperson;
(b) the Deputy Chairperson;
(c) the Managing Director; and
(d) not more than 6 other directors.
“25. (1) Subject to subsection (2), meetings of the Board shall be held at such times and places as the Board, from time to time, 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.
“(3) The Chairperson shall preside at all meetings at which the Chairperson is present.
“(4) If the Chairperson and Deputy Chairperson are not present at a meeting, the directors present shall appoint one of their number to preside.
“(5) At a meeting of the Board:
(a) subject to subsection (6), the required minimum number of directors constitute a quorum;
(b) a question shall be decided by a majority of the votes of the directors present and voting; and
(c) the director presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
“(6) Where, because of subsection 26 (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.
“(7) Where 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.
“(8) Where a resolution is, under subsection (7), 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.
“(9) For the purposes of subsection (7), 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.
“(10) The Board may, subject to this section and section 26, regulate its proceedings as it considers appropriate.
“(11) Without limiting subsection (10), 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.
“(12) A director who participates in a meeting of the Board under a permission under subsection (11) shall be taken to be present at the meeting.
“(13) The Board shall keep minutes of its proceedings.
“(14) Without limiting subsection (10), the Board may invite a person to attend a meeting for the purpose of advising or informing it on any matter.
“(15) In this section:
‘the required minimum number of directors’ means:
(a) if there are 9 directors—5 directors; and
(b) in any other case—4 directors.
“26. (1) Where:
(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 have 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 provision of goods or services by the Corporation 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.
“27. (1) The Board may, by resolution:
(a) delegate all or any of its powers (other than its powers under section 10b and Division 4) to a director; and
(b) delegate its powers under subsection 11 (2) to an employee.
“(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
“(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.
“28. There shall be a Managing Director of the Corporation.
“29. (1) The Managing Director shall, under the Board, manage the Corporation.
“(2) All acts and things done in the name of, or on behalf of, the Corporation by the Managing Director shall be taken to have been done by the Corporation.
“30. This Division applies in relation to the directors other than the Managing Director.
“31. (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.
“32. A director:
(a) shall be appointed with effect from the day specified in the instrument of appointment; and
(b) holds office, subject to this Act:
(i) 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
(ii) in the case of a government director—during the Governor-General’s pleasure.
“33. Directors hold office on a part time basis.
“33a. (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
“33b. The Board may grant leave of absence to a director on such terms and conditions as the Board considers appropriate.
“33c. A director may resign by writing signed and delivered to the Governor-General.
“33d. (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 26; 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 the Corporation 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.
“33e. 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.
“33f. (1) When:
(a) the office of Chairperson is vacant (whether or not an appointment has previously been made to the office); 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 functions and 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.
“33g. (1) The Minister may appoint a director to act as Deputy Chairperson:
(a) during a vacancy in the office of Deputy Chairperson (whether or not an appointment has previously been made to the office); 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 24 (d):
(a) during a vacancy in the office of such a director (whether or not an appointment has previously been made to the office); 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.
“33h. (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 24 (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.
“33j. The Managing Director:
(a) shall be appointed with effect from the day specified in the instrument of appointment; and
(b) holds office during the Board’s pleasure.
“33k. The Managing Director holds office on a full time basis.
“33l. 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.
“33m. 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.
“33n. (1) The Minister may appoint a director or another person to act as Managing Director during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office).
“(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 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.”.
“38. (1) The Corporation may engage such employees as are necessary for the performance of its functions and the exercise of its powers.
“(2) The terms and conditions of employment shall be determined by the Corporation.
“39. The Corporation 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, nondiscriminatory employment practices and other matters.”.
(a) by omitting subsection (1) and substituting the following subsection:“(1) The Commission may:
(a) borrow money from persons other than the Commonwealth; and
(b) raise money otherwise than by borrowing.”;
(b) by omitting subsections (4) and (5).
“(2) Money of the Commission not immediately required for the purposes of the Commission may be invested in any manner that is consistent with sound commercial practice.”.
“(1a) The Commission shall include in the report particulars of:
(a) companies that it formed, and companies in whose formation it participated, during the year;
(b) partnerships that it entered into during the year; and
(c) joint ventures, and arrangements for the sharing of profits, that it entered into during the year.
“(1b) The Commission shall include in the report information relating to:
(a) shares and securities that it subscribed for, purchased or disposed of during the year; and
(b) businesses that it acquired during the year.
“(1c)
The
financial statements of the Commission shall comply with the requirements
prescribed under the
“(1d) For the purposes of subsection (1c):
(a) the Commission shall be taken to be a listed corporation; and
(b) the Managing Director shall be taken to be an executive officer of the Commission.
“(1e)
Expressions
used in subsections (1c) and (1d) and in the
“110a. The
“110b. (1) The
“(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.”.
“(aa) the interception of a communication by another person lawfully engaged in duties relating to the installation or maintenance of PABX equipment;”.
(whether at the end of the present period of appointment of the person or otherwise).
(a) references to the Service were references to the employees of the Corporation;
(b) references to officers were omitted; and
(c) references to an organization were a reference to an organization registered under the
Conciliation and Arbitration Act 1904.
“ ‘officer of the Corporation’ includes:
(a) an employee of the Corporation; and
(b) any person doing acts or things on behalf of the Corporation under arrangements made under section 12 of the
Postal Services Act 1975 ;”.
“‘employee of the Commission’ includes any person doing acts or things on behalf of the Commission under arrangements made under section 12 of the
Postal Services Act 1975 ”.
CONSEQUENTIAL AND MINOR AMENDMENTS OF TELECOMMUNICATIONS ACT 1975
Omit the definition.
Omit “by the Commission”.
Omit “Australian Telecommunications Commission”.
Omit
Repeal the section.
Omit “sections 72a and 72b”, substitute “section 72b”.
1. The following provisions are amended by omitting “Commission” (wherever occurring) and substituting “Corporation”:
Sections 3 (1) (definitions of “authorized person”, “telecommunications message” and “telecommunications system”), 3 (2) (b) (iii) and (4), 5, 5a, 6 (2) (b) (iv), (3), (4) and (5), 8, 9, 10 (1), (2), (4) and (5), 10a, 11 (7), 12 (5) and (6), 13, 14, 15, 16, 17, 18, 19 and 20, 71 (3) and (4), 72, 72a (1), (2) and (8), 72b (1) and (2), 72c, 75, 76 (1) and (2), 80, 81 (1) and (4), 83 (1), 84 (3) (b), 85, 87, 88, 89 (2), 90, 92, 93, 94 (1), (2) (c), (3) and (4), 94a, 95, 96, 98 (2), (3) and (4), 99 (1c) and (1d), 101, 103, 103a, 104, 105, 106, 107, 108, 109, 110, 110a and 110b.
2. The following provisions are amended by omitting “Commission” (wherever occurring) and substituting “Board”:
Sections 11 (4), (5) and (6), 12 (4) and (7), 71 (6) and 99 (1a) and (1b).
3. The Act is further amended as follows:
Subsection 3 (1) (definitions of “Chairman”, “Chief General Manager”, “Commission”, “Commissioner”, “Deputy Chairman”, “Managing Director” and “part-time Commissioner”): Omit the definitions.
Insert the following definitions:
“ ‘Board’ means the Board of Directors of the Corporation;
‘Chairperson’ means the Chairperson of the Board;
‘Corporation’ means the Australian Telecommunications Corporation;
‘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 the Corporation;”.
Omit the paragraph.
Omit the subsection, substitute the following subsection:
“(1) The functions of the Corporation shall be performed in such a manner as will best meet the social, industrial and commercial needs of the Australian people for telecommunications services, and its telecommunications services shall, so far as it is, in the opinion of the Board, reasonably practicable to do so, be made available throughout Australia for all people who reasonably require those services.”.
Omit “In performing its functions in accordance with subsection (1), the Commission—”, substitute “In the performance of the Corporation’s functions in accordance with subsection (1):”.
Omit the paragraph, substitute the following paragraph:
“(a) directions given to the Board under section 23 shall be complied with; and”.
Omit “shall have regard to—”, substitute “regard shall be had to:”.
Omit “its”, substitute “the Corporation’s”.
Repeal the section.
(a) Omit “Commission” (first occurring), substitute “Corporation”.
(b) Omit “Commission” (last occurring), substitute “Board”.
(a) Omit “Commission” (first occurring), substitute “Board”.
(b) Omit “Commission” (second, third and last occurring), substitute “Corporation”.
(a) Omit “Commission” (first occurring), substitute “Board”.
(b) Omit “Commission” (last occurring), substitute “Corporation”.
(a) Omit “Commission” (first, second, fourth and last occurring), substitute “Board”.
(b) Omit “Commission” (third and fifth occurring), substitute “Corporation”.
(a) Omit “Commission” (first and fourth occurring), substitute “Corporation”.
(b) Omit “Commission” (second, third and last occurring), substitute “Board”.
(a) Omit “Commission” (other than second and last occurring), substitute “Corporation”.
(b) Omit “Commission” (second and last occurring), substitute “Board”.
(a) Omit “Commission” (first and second occurring), substitute “Board”.
(b) Omit “Commission” (last occurring), substitute “Corporation”.
Omit “its”, substitute “the Corporation’s”.
Insert the following section:
“14a. (1) The seal of the Corporation shall be kept in such custody as the Board directs and shall be used only as authorised by the Board.
“(2) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Corporation appearing on a document and shall presume that it was properly affixed.”.
Omit
Omit “Commission” (first occurring), substitute “Board”.
Omit “Commission”, substitute “Corporation”.
(a) Omit “Commission” (other than second occurring), substitute “Corporation”.
(b) Omit “Commission” (second occurring), substitute “Board”.
(a) Omit “The Commission shall”, substitute “The Board shall, consistently with its duty under subsection (1), ensure that the Corporation”.
(b) Omit “operate”, substitute “operates”.
(c) Omit “make”, substitute “makes”.
(d) Omit “Commission” (last occurring), substitute “Corporation”.
(e) Omit “, consistently with its duty under subsection (1)”.
(a) Omit “Commission” (first occurring), substitute “Board”.
(b) Omit “Commission” (second occurring), substitute “Corporation”.
(a) Omit “Commission” (first occurring), substitute “Board”.
(b) Omit “Commission” (second, third and last occurring), substitute “Corporation”.
(a) Omit “Commission”, substitute “Board”.
(b) Omit “its receipts and expenditure”, substitute “the receipts and expenditure of the Corporation”.
Omit
Repeal the section, substitute the following section:
“97. Subject to section 80, the Corporation 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.”.
(a) Omit “Commission”, substitute “Board”.
(b) Omit “its operations”, substitute “the Corporation’s operations”.
Omit “it” (wherever occurring), substitute “the Corporation”.
(a) Omit “Commission” (first occurring), substitute “Board”.
(b) Omit “Commission” (second and last occurring), substitute “Corporation”.
Omit the subsection.
(a) Omit “Commission”, substitute “Board”.
(b) Omit “its”, substitute “the Corporation’s”.
(a) Omit “Commission” (first occurring), substitute “Board”.
(b) Omit “Commission” (last occurring), substitute “Corporation”.
Omit “Commission” (first occurring), substitute “Board”.
Omit “Commission”, substitute “Corporation”.
Omit the definition, substitute the following definition:
“ ‘employee’ means an employee of the Corporation;”.
Omit the definitions.
Omit “officers and”.
Omit “and” (last occurring).
Omit the paragraph.
Omit “officer or”.
Omit “officer or”.
Omit “officers and”.
Omit “officer or” (wherever occurring).
Omit “officer or”.
Omit “officer or”.
Omit “officer or”.
Omit “officer or”.
Omit “officer or”.
Omit “officer or”.
Omit “officer or” (wherever occurring).
Omit “officer or”.
Omit “officers or”.
Omit “officers and”.
Omit “officers and”.
Add at the end “and”.
Omit the paragraph.
Repeal the section, substitute the following section:
“112. The Governor-General may make regulations not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular, prescribing penalties not exceeding a fine of $1,000 or imprisonment for 6 months, or both, for offences against the regulations.”.
SCHEDULE 2 Section 26
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
Omit “Commission”, substitute “Corporation”.
Omit “Commission”, substitute “Corporation”.
Omit “Commission”, substitute “Corporation”.
Omit “Australian Telecommunications Commission”, substitute “Australian Telecommunications Corporation”.
Omit “Commission”, substitute “Corporation”.
Omit “Australian Telecommunications Commission”, substitute “Australian Telecommunications Corporation”.
Omit “Commission”, substitute “Corporation”.
Omit “Australian Telecommunications Commission”, substitute “Australian Telecommunications Corporation”.
Omit the definition, substitute the following definition:
“ ‘Corporation’ means the Australian Telecommunications Corporation;”.
Omit “Commission”, substitute “Corporation”.
Omit “Commission”, substitute “Australian Telecommunications Corporation”.
Omit “Commission”, substitute “Corporation”.
Omit “Commission” (wherever occurring), substitute “Corporation”.
Omit “Commission”, substitute “Corporation”.
1. The following provisions are amended by omitting “Commission” (wherever occurring) and substituting “Corporation”:
Sections 5 (1) (definitions of “Managing Director”, “subscriber”, “telecommunications service”, “telecommunications system” and “telegram”), 5 (2), 6 (2), 7 (2) and (3), 8 (1), 9 (2) (a) (ii), 11 (1), (2), (8) and (10) (a), 11a (1), (2) (a) (ii) and (6), 15 (2a), 20a, 20b (1),
21 (6) and (8) (a), 30, 35 (2), 47, 48 (3) (d) (ii), 61 (1), 63 (a), 65
a and 97.
2. The Act is further amended as follows:
Omit the definition.
Insert the following definition:
“ ‘Corporation’ means the Australian Telecommunications Corporation;”.
Omit “Commission’s”, substitute “Corporation’s”.
Omit
Insert the following definition:
“ ‘employee of the Corporation’ includes any person doing acts or things on behalf of the Corporation under arrangements made under section 12 of the
Postal Services Act 1975 ;”.
Omit the definition.
Omit “a person or persons in the service”, substitute “an employee or employees”.
Omit “officer”, substitute “employee”.
Omit “officer of, substitute “employee of.
(a) Omit “officers”, substitute “employees”;
(b) Omit “officer” (wherever occurring), substitute “employee”.
(a) Omit “officers”, substitute “employees”;
(b) Omit “officer” (wherever occurring), substitute “employee”.
(a) Omit “officers”, substitute “employees”;
(b) Omit “officer” (wherever occurring), substitute “employee”.
Omit “officer” (wherever occurring), substitute “employee”.
Omit “officers”, substitute “employees”.
Omit “officer”, substitute “employee”.
Omit “officers”, substitute “employees”.
Omit “officers”, substitute “employees”.
Omit “officer”, substitute “employee”.
Omit “officer” (first occurring), substitute “employee”.
Omit “officers”, substitute “employees”.
1. No. 55, 1975, as amended. For previous amendments, see No. 94, 1976; No. 160, 1977; Nos. 36 and 170, 1978; No. 115, 1979; No. 177, 1980; No. 61, 1981; No. 80, 1982; Nos. 7, 91, 92, 115, 136 and 147, 1983; Nos. 18 and 165, 1984; Nos. 67 and 193, 1985; No. 76, 1986; No. 69, 1987; and Nos. 36, 55 and 75, 1988.
2. No. 114, 1979, as amended. For previous amendments, see No. 181, 1979; Nos. 114 and 116, 1983; Nos. 6 and 116, 1984; Nos. 8 and 63, 1985; No. 102, 1986; Nos. 89 and 120, 1987; and Nos. 5, 65 and 66, 1988.
1. On the commencement of section 12, the headings to the following sections of the
Telecommunications Act 1975 are altered by omitting “Commission” and substituting
“Corporation”: Sections 5, 6, 9, 10, 10a, 13, 14, 18, 20, 72b, 72c, 73, 92, 94, 96 and 105.
2. On the commencement of section 14, the heading to section 89 of the
Telecommunications Act 1975 is altered by omitting “officers” and substituting “employees”.
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House of Representatives on 28 September 1988
Senate on 24 November 1988
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