Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991 (Cth)
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
The Act may be cited as the
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991 .
(1) Part 1 commences on the day on which this Act receives the Royal Assent.
(2) Part 2, Part 3 (except section 24) and Part 4 commence on 1 July 1991.
(3) Section 24 and Part 5 commence on the day fixed under subsection 2(1) of the
Australian and Overseas Telecommunications Corporation Act 1991 .
(1) In this Part:
AUSSAT means AUSSAT Pty Ltd.
OTC means OTC Limited.
(2) In this Part, unless the contrary intention appears, expressions have the same meanings as in the
Telecommunications Act 1991 .(3) The operation of this Part in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the
Territories Legislation Amendment Act 2016 .
This Part has effect despite anything contained in the
Telecommunications Act 1991 .
(1) Any notification or direction given to AUSTEL under section 28 or 29 of the
Telecommunications Act 1989 and in force immediately before the repeal of that section is taken to have been given to AUSTEL under section 49 or 50, as the case may be, of theTelecommunications Act 1991 on the commencement of that last‑mentioned section.(2) A reference in a notification or direction referred to in subsection (1) to a provision of the
Telecommunications Act 1989 is a reference to the provision of theTelecommunications Act 1991 that corresponds, or most closely corresponds, to the first‑mentioned provision.
(1) Any advisory committee that was established by AUSTEL under section 32 of the
Telecommunications Act 1989 and was in existence immediately before the repeal of that section is taken to have been established under section 53 of theTelecommunications Act 1991 on the commencement of that last‑mentioned section.(2) Any direction that was given by AUSTEL under subsection 32(3) of the
Telecommunications Act 1989 to a committee referred to in subsection (1) of this section and was in force immediately before the repeal of that subsection is taken to have been given to AUSTEL under subsection 53(3) of theTelecommunications Act 1991 on the commencement of that last‑mentioned subsection.
(1) In this section:
corporation to which this section applies means AUSSAT, OTC or Telecom.
(2) A corporation to which this section applies may, after the commencement of this section, continue to perform the functions and exercise the powers that it was entitled to perform and exercise immediately before that commencement until:
(a) a decision is made by the Minister whether to grant to the corporation a licence under section 57 of the
Telecommunications Act 1991 ; or(b) the Minister, by notice published in the Gazette, determines that this section is to cease to apply to the corporation;
whichever first occurs.
(3) A corporation to which this section applies is taken to have been a general carrier within the meaning of the
Telecommunications Act 1991 , otherwise than for the purposes of Divisions 2 and 3 of Part 5, and Parts 8 and 9 of the Act, during the period beginning on 1 July 1991 and ending on the day on which the corporation became the holder of a general telecommunications licence in force under Part 5.
Section 88 of the
Telecommunications Act 1991 applies to any disclosure or use by a person of a fact or document that takes place after the commencement of that section even though:
(a) it relates to a communication that was carried, or a telecommunications service that was supplied, before that commencement; or
(b) the fact or document came to the knowledge, or into the possession, of the person before that commencement.
Despite the repeal of section 69 of the
Telecommunications Act 1989 , that section continues in force in respect of conduct that was engaged in before that section was repealed.
If, immediately before the commencement of section 137 of the
Telecommunications Act 1991 , a carrier within the meaning of theTelecommunications Act 1989 had, under section 49 of theTelecommunications Act 1989 or section 10A of theAUSSAT Act 1984 , a right to interconnect its facilities to another carrier’s network on payment of an amount agreed between them or determined by AUSTEL, the payment of that amount is a term and condition for the purposes of the right of the first‑mentioned carrier to interconnect its facilities to that other carrier’s network under section 137 of theTelecommunications Act 1991 and is taken to have been agreed or determined as mentioned in paragraph 137(2)(b) of that Act.
(1) Until class licences are issued under section 209 of the
Telecommunications Act 1991 , services supplied after the commencement of that section in accordance with class licences within the meaning of theTelecommunications Act 1989 that were issued under section 75 of that Act and were in force immediately before the repeal of that section are taken to be supplied under class licences issued under the first‑mentioned section.(2) This section has effect subject to section 12 of this Act.
(1) Where, immediately before the repeal of section 104 of the
Telecommunications Act 1989 :
(a) a person was supplying a value added service, or a private network service, within the meaning of that Act:
(i) that was connected to a telecommunications network operated by a carrier within the meaning of that Act; and
(ii) in respect of the supply of which the person had obtained the carrier’s approval; and
(b) because of subsection 104(1) of that Act, the service was taken to be supplied under a class licence within the meaning of that Act;
then, so far as it is supplied after that repeal, the service is taken to be an eligible service supplied under a class licence within the meaning of the
Telecommunications Act 1991 .
(2) However, if at any time after that repeal the person supplies the service in a way that is not in accordance with that approval, subsection (1) ceases to apply in relation to the supply of the service by the person.
Section 241 of the
Telecommunications Act 1991 does not prohibit the provision of a telecommunications service by the use of numbers allocated before the national numbering plan referred to in that section is prepared.
A technical standard that, immediately before the repeal of section 106 of the
Telecommunications Act 1989 , was in force under that section has effect after that repeal (including for the purposes of section 46A of theActs Interpretation Act 1901 ) as if:
(a) section 246 of the
Telecommunications Act 1991 had commenced on the day when the standard was determined; and(b) the standard had been determined under section 246 of the
Telecommunications Act 1991 .
Where, immediately before the commencement of Part 12 of the
Telecommunications Act 1991 there was in force a permit (in this section called theprevious permit ) issued under section 118 of theTelecommunications Act 1989 or a permit (in this section also called theprevious permit ) taken by section 126 of that Act to be issued under Division 4 of Part 5 of that Act:
(a) the previous permit is taken, on that commencement, to be a permit (in this section called the
new permit ) issued under Division 6 of Part 12 of theTelecommunications Act 1991 , being a permit that includes the conditions (if any) to which the previous permit was subject immediately before that commencement; and(b) the person who was, or was taken to be, the holder of the previous permit is taken, on that commencement, to be the holder of the new permit.
Where, immediately before the commencement of Part 12 of the
Telecommunications Act 1991 there was in force a cabling licence (in this section called theprevious cabling licence ) issued under section 131 of theTelecommunications Act 1989 or a cabling licence (in this section also called theprevious cabling licence ) taken by section 139 of that Act to be issued under Division 5 of Part 5 of that Act:
(a) the previous cabling licence is taken, on that commencement, to be a cabling licence (in this section called the
new cabling licence ) issued under Division 7 of Part 12 of theTelecommunications Act 1991 , being a cabling licence that includes the conditions (if any) to which the previous cabling licence was subject immediately before that commencement; and(b) the person who was, or was taken to be, the holder of the previous cabling licence is taken, on that commencement, to be the holder of the new cabling licence.
Any delegation of a function or power of AUSTEL under the
Telecommunications Act 1989 that was made under section 140 of that Act and was in force immediately before the repeal of that section continues in force after the commencement of section 279 of theTelecommunications Act 1991 as a delegation made under that section of the corresponding function or power of AUSTEL under that Act, being a function or power that AUSTEL is authorised by that section to delegate.
(1) Where before the repeal of Part 6 of the
Telecommunications Act 1989 AUSTEL had commenced, but had not concluded and reported on, an investigation under that Part, AUSTEL may complete and report on the investigation in accordance with that Part.(2) Where before the repeal of Part 6 of the
Telecommunications Act 1989 the Minister had requested AUSTEL to conduct an investigation under that Part but AUSTEL had not concluded and reported on the investigation, AUSTEL must commence, or continue, as the case may be, and conclude and report on, the investigation in accordance with that Part.(3) Part 6 of the
Telecommunications Act 1989 continues in force for the purposes of this section.
(1) A person who held office as a member of AUSTEL immediately before the repeal of Part 7 of the
Telecommunications Act 1989 continues in office for the unexpired portion of the period of his or her appointment as if:
(a) section 368 of the
Telecommunications Act 1991 had been in force when the appointment was made; and(b) the person had been appointed under that section.
(2) A person who held office as an associate member of AUSTEL immediately before the repeal of Part 7 of the
Telecommunications Act 1989 continues in office for the unexpired portion of the period of his or her appointment as if:
(a) section 369 of the
Telecommunications Act 1991 had been in force when the appointment was made; and(b) the person had been appointed under that section.
(3) Any directions given under subsection 160(5) of the
Telecommunications Act 1989 to a person referred to in subsection (2) that were in force immediately before the repeal of that Act continue in force as if:
(a) subsection 369(2) of the
Telecommunications Act 1991 had been in force when the direction was given; and(b) the directions had been given under that subsection.
(1) Subject to subsection (3), any regulations made under section 185 of the
Telecommunications Act 1989 and in force immediately before the repeal of that section continue in force as if made under section 406 of theTelecommunications Act 1991 .(2) A reference in a regulation so continued in force to a provision of the
Telecommunications Act 1989 is taken to be a reference to the corresponding provision of theTelecommunications Act 1991 .(3) This section does not apply to a regulation the making of which would not be authorised by the
Telecommunications Act 1991 .
(1) Subject to subsection (3), any regulations made under the
Telecommunications (Application Fees) Act 1989 and in force immediately before the repeal of that Act continue in force as if made under theTelecommunications (Application Fees) Act 1991 .(2) A reference in a regulation so continued in force to a provision of the
Telecommunications Act 1989 is taken to be a reference to the corresponding provision of theTelecommunications Act 1991 .(3) This section does not apply to a regulation the making of which would not be authorised by the
Telecommunications (Application Fees) Act 1991 .
(1) Subject to section 59 of the
Australian Telecommunications Corporation Act 1989 and subsection (2) of this section, Telecom is not subject to any requirement, obligation, liability, penalty or disability under a law of a State or Territory to which the Commonwealth is not subject.(2) Subsection (1) applies only in relation to the period beginning at the commencement of this section and ending immediately before the commencement of section 116 of the
Telecommunications Act 1991 .
The
Telecommunications Act 1989 and theTelecommunications (Application Fees) Act 1989 are repealed.
The
Australian Telecommunications Corporation Act 1989 and theOTC Act 1946 are repealed.
The Acts specified in Schedule 1 are amended as set out in that Schedule.
The Acts specified in Schedule 2 are amended as set out in that Schedule.
Section 25
Omit the definition.
Omit “
1989 ”, substitute “1991 ”.
Repeal the sections.
Omit “that, by virtue of this Act, AUSSAT has the right to provide”, substitute “, the carrying on of any business or activity, or the exercise of any power or right, that AUSSAT is entitled to provide, carry on or exercise, as the case may be, under this Act or the
Telecommunications Act 1991 ”.
Repeal the sections.
Omit “
1989 ”, substitute “1991 ”.
Omit the subsection, substitute:
(2) In respect of the erection, placing and maintenance of an electric line by a person under paragraph (1)(a), that person has the same powers, and is subject to the same obligations, as are conferred or imposed on a general carrier under Division 3 of Part 7 of the
Telecommunications Act 1991 to install or maintain a facility within the meaning of that Act.
Omit “
1989 ”, substitute “1991 ”.
Omit “
1989 ”, substitute “1991 ”.
Omit “
1989 ”, substitute “1991 ”.
Add at the end “and”.
Omit “45; and”, substitute “45.”.
Omit the paragraph.
Repeal the section.
Repeal the Parts.
Repeal the sections.
Repeal the section.
Omit “
1989 ”, substitute “1991 ”.
Omit the subsection, substitute:
(3) In respect of the erection, placing and maintenance of an electric line by a person under paragraph (1)(a), that person has the same powers, and is subject to the same obligations, as are conferred or imposed on a general carrier under Division 3 of Part 7 of the
Telecommunications Act 1991 to install or maintain a facility within the meaning of that Act.
Section 3 (definition of public authority under the Commonwealth ) Omit “, and includes AUSSAT Pty Ltd and OTC Limited”.
Insert:
carrier means:
(a) a general carrier within the meaning of the
Telecommunications Act 1991 ; or(b) a mobile carrier within the meaning of that Act; or
(c) a person who supplies eligible services within the meaning of that Act under a class licence issued under section 209 of that Act.
After “Commonwealth”, insert “or by a carrier”.
After “Commonwealth”, insert “or by a carrier”.
After “Commonwealth”, insert “or by a carrier”.
After “Commonwealth”, insert “or by a carrier”.
Section 85ZB (definitions of AUSSAT , carrier , OTC and Telecom ) Omit the definitions.
Insert:
carrier means:
(a) a general carrier; or
(b) a mobile carrier; or
(c) a person who supplies eligible services under a class licence issued under section 209 of the
Telecommunications Act 1991 .
communication does not include a communication solely by means of radiocommunication.
telecommunications network means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both.
telecommunications service means a service for carrying telecommunications by means of guided or unguided electromagnetic energy or both.
Insert:
For the purposes of this Part, a person who does any thing for or on behalf of a person who is, or persons at least one of whom is, a general carrier or a mobile carrier, is, in respect of:
(a) the doing by that person of that thing; or
(b) any rental, fee or charge payable for or in relation to the doing by that person of that thing; or
(c) the operation by that person of a facility in connection with the doing of that thing; or
(d) a facility belonging to that person; or
(e) the operation by that person of a satellite;
taken to be a carrier.
Omit “
1989 ”, substitute “1991 ”.
Omit “section 114 of the
Telecommunications Act 1989 ”, substitute “section 253 of theTelecommunications Act 1991 ”.
(a) Omit “Telecom,” (first occurring), substitute “a carrier,”.
(b) Omit “supplied by Telecom,”, substitute “each of which is supplied by a carrier,”.
Omit “section 114 of the
Telecommunications Act 1989 ”, substitute “section 253 of theTelecommunications Act 1991 ”.
Omit “Part 6 of the
Telecommunications Act 1989 ”, substitute “Part 15 of theTelecommunications Act 1991 ”.
Omit “
1989 ”, substitute “1991 ”.
Omit “
1989 ”, substitute “1991 ”.
Repeal the sections.
Subsection 3(1) (definition of radiocommunications transmitter ) Omit “
1989 ”, substitute “1991 ”.
Omit “
1975 ”, substitute “1991 ”.
Omit the paragraph.
Omit “(which may include conditions for or in relation to giving effect to provisions of Division 1 of Part 3 of the
Telecommunications Act 1989 )”.
Omit the paragraph.
Omit “(which may include conditions for or in relation to giving effect to provisions of Division 1 of Part 3 of the
Telecommunications Act 1989 )”.
Repeal the section.
Omit “
Telecommunications Act 1989 ”, substitute “Telecommunications Act 1991 ”.
Subsection 5(1) (definitions of carrier , Corporation , employee of the Corporation and Managing Director ) Omit the definitions.
Insert:
carrier means:
(a) a general carrier within the meaning of the
Telecommunications Act 1991 ; or(b) a mobile carrier within the meaning of that Act; or
(c) a person who supplies eligible services within the meaning of that Act under a class licence issued under section 209 of that Act.
Managing Director , in relation to a carrier, means the chief executive officer (however described) of the carrier.
Subsection 5(1) (definitions of equipment , facility and line ) Omit “
1989 ”, substitute “1991 ”.
Subsection 5(1) (definitions of telecommunications network and telecommunications service ) Omit the definitions, substitute:
telecommunications network means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both, but does not include a system, or series of systems, for carrying communications solely by means of radiocommunication.
telecommunications service means a service for carrying communications by means of guided or unguided electromagnetic energy or both, being a service the use of which enables communications to be carried over a telecommunications system operated by a carrier but not being a service for carrying communications solely by means of radiocommunication.
Omit “
1989 ”, substitute “1991 ”.
Omit “the Corporation” (wherever occurring), substitute “a carrier”.
Omit “the Corporation”, substitute “a carrier”.
Omit “the Corporation” (first occurring), substitute “a carrier”.
Omit “Corporation” (wherever occurring), substitute “carrier”.
Omit “the Corporation”, substitute “a carrier”.
Omit “the Corporation”, substitute “a carrier”.
Omit “Corporation” (last occurring), substitute “carrier”.
Omit “the Corporation” (first occurring), substitute “a carrier”.
Omit “Corporation” (wherever occurring), substitute “carrier”.
Omit “Corporation” (wherever occurring), substitute “carrier”.
Omit “the Corporation”, substitute “a carrier”.
Omit “the Corporation”, substitute “a carrier”.
Omit “the Corporation” (first occurring), substitute “a carrier”.
Omit “Corporation” (wherever occurring), substitute “carrier”.
Omit “the Corporation”, substitute “a carrier”.
Omit “Corporation” (wherever occurring), substitute “relevant carrier”.
Section 26
Omit from subparagraphs (d)(i), (ii) and (iii) “, the Australian Telecommunications Corporation or OTC Limited”.
(a) Omit:
“Australian Telecommunications Corporation, in relation to documents in respect of its competitive commercial activities”.
(b) Omit:
“OTC Limited, in relation to documents in respect of its competitive commercial activities”.
(c) Insert:
“Australian and Overseas Telecommunications Corporation Limited, in relation to documents in respect of its competitive commercial activities”.
(a) Omit “
Australian Telecommunications Corporation Act 1989 ” and “OTC Act 1946 ”.(b) After “
Air Navigation (Charges) Act 1952 ”, insert “Australian and Overseas Telecommunications Corporation Act 1991 ”.Note: On the commencement of the amendments of the
Crimes Act 1914 made by section 25 of, and Schedule 1 to, this Act, the headings to sections 76D and 76E of that Act are altered by omitting “Commonwealth facility” and substituting “certain facilities”.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991 | 99, 1991 | 27 June 1991 | s 3–23 and 25: 1 July 1991 (s 2(2)) s 24 and 26: 1 Feb 1992 (s 2(3) and gaz 1992, No S32) Remainder: 27 June 1991 (s 2(1)) | |
AUSSAT Repeal Act 1991 | 145, 1991 | 21 Oct 1991 | Sch 1: 21 Oct 1991 (s 2(1)) | — |
Transport and Communications Legislation Amendment Act (No. 3) 1992 | 216, 1992 | 24 Dec 1992 | s 63: 24 Dec 1992 (s 2(1)) | — |
Territories Legislation Amendment Act 2016 | 33, 2016 | 23 Mar 2016 | Sch 5 (item 96): 1 July 2016 (s 2(1) item 7) | — |
s 3......................................... | am No 33, 2016 |
s 7......................................... | am No 216, 1992 |
Schedule 2.............................. | am No 145, 1991 |
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