Telecommunications Amendment Act 1988

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Telecommunications Amendment Act 1988

No. 121 of 1988

TABLE OF PROVISIONS

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—continued

Section PART IV—DIRECTORS OF THE CORPORATION

Division 1—Board of Directors

21. Establishment

22. Role

23. Directions to Board

24. Constitution

25. Meetings etc.

26. Disclosure of interests

27. Delegation of Board’s powers

Division 2—Managing Director

28. Managing Director

29. Duties

Division 3—Provisions relating to directors other than Managing Director

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

Division 4—Provisions relating to Managing Director

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—continued

Section PART IV—CONSEQUENTIAL AMENDMENTS OF CERTAIN

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…

Overview

The Telecommunications Amendment Act 1988 (No. 121 of 1988) was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Telecommunications Act 1975 and other related Acts concerning the provision of telecommunications services. The Act sought to address gaps in the existing legislative framework by introducing changes to the structure, functions, and powers of the Australian Telecommunications Commission, now referred to as the Australian Telecommunications Corporation. Among the key amendments are the expansion of the Commission's subsidiary functions, the establishment of a Board of Directors, modifications to the roles and duties of the Managing Director, and the introduction of provisions for the delegation of powers. The policy objective of the Act is to ensure the efficient and effective operation of the telecommunications sector, meeting the social, industrial, and commercial needs of the Australian people.

Scope and Application

The Telecommunications Amendment Act 1988 amends the Telecommunications Act 1975, and various other Acts, to alter the structure and functions of the Australian Telecommunications Corporation (ATC). The Act applies to the ATC, its Board of Directors, Managing Director, and other directors, as well as the Australian government. It extends to telecommunications activities within and outside Australia. The Act includes provisions for the establishment and functions of the ATC, the roles and responsibilities of the Board and its members, and the appointment and duties of the Managing Director. The Act also addresses the financial powers of the ATC, its borrowing capabilities, and the investment of its funds. Furthermore, the Act provides for the notification of significant business activities by the ATC to the Minister, and includes provisions for delegation of powers and the disclosure of interests. The Act does not apply to certain telecommunications activities, such as the provision of space satellite facilities for neighbouring regions, as specified in the Satellite Communications Act 1984. The Act also makes consequential amendments to other Acts, including the Telecommunications (Interception) Act 1979, to align with the changes made to the ATC.

Key Provisions

  • The Telecommunications Amendment Act 1988 amends the Telecommunications Act 1975, along with various other Acts, to update the governance and operational framework of the Australian telecommunications sector. Section 3aa establishes that the Act applies both within and outside Australia. The Act redefines the Australian Telecommunications Commission as the Australian Telecommunications Corporation, now a body corporate with the capacity to acquire and dispose of property, and to sue and be sued (section 4a). The subsidiary function of the Commission to conduct telecommunications business outside Australia is explicitly stated in section 5a. The Corporation's powers are expanded to include forming and participating in companies, entering into partnerships, joint ventures, and profit-sharing arrangements, entering into contracts, dealing with futures contracts, and more (section 10 amended). Additionally, the Corporation is now required to notify the Minister of significant business activities, such as forming companies or entering into partnerships (section 10a). Delegation of the Corporation's powers to employees is permitted (section 10b).
  • The Act imposes specific obligations on the Corporation, including the establishment of a Board of Directors responsible for determining the Corporation's policies and ensuring efficient performance (section 22). The Board must disclose any pecuniary interests that could conflict with their duties (section 26). The Managing Director, appointed by the Minister, is tasked with managing the Corporation under the Board's direction (sections 28 and 29). Directors, appointed by the Governor-General, must also disclose any conflicting interests and are subject to certain conditions regarding remuneration, leave, resignation, and termination of appointment (sections 33a to 33d). The Corporation is required to engage employees necessary for its functions, aim for high employment standards, and invest its funds in a commercially sound manner (sections 38 and 75).
  • Failure to comply with the provisions of this Act can result in various penalties. For example, unauthorised interception of telecommunications is prohibited (section 7 of the Telecommunications (Interception) Act 1979, amended by section 25 of the Telecommunications Amendment Act 1988). Additionally, offences against regulations made under the Act may incur penalties not exceeding a fine of $1,000 or imprisonment for 6 months, or both (section 112). The Act also specifies consequential and minor amendments to various other Acts, ensuring consistency and integration across related legislation.

Legal classification tags

Area of Law
Corporate Law & Governance
Telecommunications Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Regulatory Standards
Enforcement Powers
Delegation of Powers
Disclosure of Interests
Directors' Duties

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.