Telecommunications Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 2951

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Telecommunications Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Telecommunications Act 1975.

Dated 7 November 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

M. J. DUFFY

Minister of State for

Communications

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Telecommunications Regulations.

Heading to Part V

2. The Heading to Part V of the Principal Regulations is amended by omitting “DIVISION” and substituting “DIVISIONS 3 AND”.

Review Tribunals

3. Regulation 31 of the Principal Regulations is amended by inserting “paragraph 40 (4) (b) or” after “under”.

Constitution of Tribunal

4. Regulation 32 of the Principal Regulations is amended—

(a) by inserting in sub-regulation (1) “paragraph 40 (4) (b) or” after “under”; and

(b) by omitting sub-regulations (3) and (4) and substituting the following sub-regulation:

 

“(3) In sub-regulation (1), ‘appropriate organization’, in relation to a review, means—

(a) where the applicant for the review is a member of only one organization—that organization;

(b) where the applicant for the review is a member of 2 or more organizations—whichever of those organizations is nominated by the applicant;

(c) where the applicant for the review is not a member of the only organization of which officers or employees are members and under the rules of which the applicant is eligible for membership—that organization;

(d) where the applicant for the review is not a member of an organization and there are 2 or more organizations of which officers or employees are members and under the rules of which the applicant is eligible for membership—whichever of those organizations is nominated by the applicant; or

(e) where, in a case where paragraph (b) or (d) applies to the applicant, the applicant has not, on or before making an application for the review in accordance with regulation 33, nominated an organization for the purposes of that paragraph—whichever of the organizations referred to in that paragraph is determined by the Commission.”.

Application for review

5. Regulation 33 of the Principal Regulations is amended by inserting “paragraph 40 (4) (b) or” after “under”.

Proceedings before Tribunal

6. Regulation 34 of the Principal Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) A Review Tribunal shall undertake a full review of a decision of the Commission in relation to which an application for review is made in accordance with regulation 33.”; and

(b) by inserting in sub-regulation (3) “of a decision of the Commission under section 55 or 56 of the Act” after “review”.

Recommendation of Tribunal

7. Regulation 35 of the Principal Regulations is amended by inserting in sub-regulation (1) “paragraph 40 (4) (b) or” after “under”.

8. After regulation 44 of the Principal Regulations the following regulation is inserted:

Prescribed rate for purposes of sub-section 104 (3a)

“45. For the purposes of sub-section 104 (3a) of the Act, the prescribed rate is $35.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 14 November 1985.

2. Statutory Rules 1975 No. 131 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 23 and see also