Telstra Corporation Act 1991 (Cth)

Telstra Corporation Act 1991

No. 79, 1991

Compilation No. 37

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Telstra Corporation Act 1991 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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 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 Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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 Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act relating to Telstra Corporation Limited, and for other purposes

Part 1Preliminary 1Short title

This Act may be cited as the Telstra Corporation Act 1991.

2Commencement

(1)
Subject to this section, this Act commences on a day to be fixed by Proclamation.
(2)
Part 1 commences on the day on which this Act receives the Royal Assent.

3Interpretation

In this Act, unless the contrary intention appears:
ACMA means the Australian Communications and Media Authority.
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
authorised person means:
(a)
the Minister; or
(b)
a person who:
(i)
is authorised by the Minister, in writing, for the purposes of the provision in which the expression is used; and
(ii)
when the authorisation was given, was, in the Minister’s opinion, suitably qualified, because of the person’s abilities and experience, to perform the functions of an authorised person within the meaning of that provision.
Board means the board of directors of Telstra.
category A hybrid‑security issuer company means a hybrid‑security issuer company other than a category B hybrid‑security issuer company.
category B hybrid‑security issuer company has the meaning given by subsection 8AJ(6B).
constitution, in relation to Telstra, has the same meaning as in the Corporations Act 2001.
designated day means 24 November 2006.
employee includes apprentice.
entity means:
(a)
Telecom; or
(b)
OTC; or
(c)
a group company.
exempt matter means:
(a)
the operation of Part 4; or
(b)
giving effect to Part 4; or
(c)
making arrangements to achieve, in relation to a set of merging entities (other than Telecom and OTC) and the merged entity in relation to that set, a result that, for commercial purposes, is to a substantial degree similar or analogous to a result achieved, in relation to Telecom, OTC and Telstra, by:
(i)
the operation of Part 4; or
(ii)
giving effect to Part 4;
for example (but without limitation), arrangements for:
(iii)
some or all property or rights of the merging entities to become property or rights of the merged entity; or
(iv)
the merged entity to otherwise get the benefit of some or all property or rights of the merging entities; or
(v)
some or all liabilities of the merging entities to become liabilities of the merged entity; or
(vi)
the merged entity to otherwise become responsible for some or all liabilities of the merging entities; or
(vii)
the merged entity to become the successor in law, or the commercial successor, of the merging entities.
Federal Court means the Federal Court of Australia.
Finance Department means the Department administered by the Minister for Finance.
former telecommunications corporation or former corporation means OTC or Telecom.
Future Fund means the Future Fund established by a law of the Commonwealth.
group company means:
(a)
Telstra; or
(b)
a wholly‑owned subsidiary of Telstra.
hybrid‑security issuer company has the meaning given by section 8AJ.
instrument includes a document and an oral agreement.
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.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective, and wherever arising.
Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the LSL changeover day.
LSL changeover day means the day item 4 of Schedule 1A to the Long Service Leave (Commonwealth Employees) Regulations 1957 is repealed or otherwise ceases to have effect.
Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973 as in force immediately before the designated day.
merged entity, in relation to a set of merging entities, has the meaning given by section 3A.
merger day, in relation to a set of merging entities and the merged entity in relation to that set, has the meaning given by section 3A.
merging entities has the meaning given by section 3A.
Minister for Finance means the Minister administering the Public Governance, Performance and Accountability Act 2013.
minority‑interest sale time means the first time after the commencement of Part 2A when a person other than the Commonwealth becomes the legal owner of any of the voting shares in Telstra.
OTC means OTC Limited.
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(xx) of the Constitution.
protected business name means any of the following names:
(a)
“AOTC”;
(b)
“OTC”;
(c)
“OTC Australia”;
(d)
“OTC International”;
(e)
“OTCI”;
(f)
“Australian and Overseas Telecommunications”;
(g)
“Overseas Telecommunications”;
(h)
“Australian and Overseas Telecommunications Corporation”;
(i)
“Overseas Telecommunications Corporation”.
protected company name means any of the following names:
(a)
“Australian and Overseas Telecommunications Corporation Limited”;
(b)
“AOTC Limited”;
(c)
“Overseas Telecommunications Corporation Limited”;
(d)
“OTC Limited”;
(e)
“OTC International Limited”.
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 “AOTC”, “Australian and Overseas Telecommunications”, “Australian and Overseas Telecommunications Corporation”, “Australian and Overseas Telecommunications Corporation Limited” and “AOTC Limited”—the succession day; or
(b)
in the case of “OTC” and “OTC Australia”—5 February 1979; or
(c)
in the case of “OTC International”, “OTCI” and “OTC International Limited”—10 December 1987; or
(d)
in any other case—1 April 1989.
rights (except in Parts 2, 2A and 2B and the Schedule) means all rights, powers, privileges and immunities, whether actual, contingent or prospective, whether statutory or otherwise, and wherever arising.
sale‑scheme hybrid security has the meaning given by section 8AJA.
sale‑scheme trust deed has the meaning given by section 8AJ.
sale‑scheme trustee has the meaning given by section 8AJ.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988.
subsidiary has the meaning given by section 5.
succession day means the day fixed under subsection 2(1).
tax includes:
(a)
sales tax; and
(b)
fees payable under the Corporations (Fees) Regulations; and
(c)
stamp duty; and
(d)
any other tax, fee, duty, levy or charge;
but, except for the purposes of section 28, does not include income tax imposed as such by a law of the Commonwealth.
Telecom means the Australian Telecommunications Corporation referred to in the Australian Telecommunications Corporation Act 1989.
Telstra means the company that:
(a)
was incorporated under the Corporations Law of the Australian Capital Territory by the name Australian and Overseas Telecommunications Corporation Limited; and
(b)
changed its name under the Corporations Law of the Australian Capital Territory to Telstra Corporation Limited on 13 April 1993;
as the company exists from time to time (even if its name is later changed).
Telstra body:
(a)
in Divisions 1, 2 and 3 of Part 3A—has the meaning given by subsection 3B(1); and
(b)
in the remaining provisions of this Act—has the meaning given by subsection 3B(2).
Telstra sale scheme has the meaning given by section 8AJ.
Telstra subsidiary means a body corporate that is a subsidiary of Telstra.
Telstra successor company: see section 581F of the Telecommunications Act 1997.
transferred employee means a person who, under section 39, is taken to have been engaged as an employee by Telstra.
transitional protection period means the period of 3 months commencing on the succession day.
unacceptable foreign‑ownership situation has the meaning given by section 8BG.
voting shares has the same meaning as in the Corporations Act 2001.
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; and
(b)
none of whose members is a person other than:
(i)
the holding body; or
(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)
a body of a kind referred to in subparagraph (b)(ii).
Note: The Schedule sets out definitions of expressions used in Part 2A (which deals with ownership restrictions).

3AMerging entities; merged entity; merger day

(1)
For the purposes of this Act:
(a)
Telecom and OTC are a set of merging entities; and
(b)
Telstra is the merged entity in relation to that set; and
(c)
the succession day is the merger day in relation to that set and that merged entity.
(2)
Subject to subsection (3), the regulations may declare that, for the purposes of this Act:
(a)
2 or more specified entities are a set of merging entities; and
(b)
a specified entity (being one of those entities or a different entity) is the merged entity in relation to that set; and
(c)
a specified day that is:
(i)
on or after the day on which the regulation making the declaration takes effect; and
(ii)
after the succession day, but not more than 12 months after that day;
is the merger day in relation to that set and that merged entity.
(3)
A set of merging entities that is specified in a declaration under subsection (2) must:
(a)
consist of:
(i)
at least one entity that, immediately before the succession day, was a wholly‑owned subsidiary of Telecom; and
(ii)
at least one entity that, immediately before that day, was a wholly‑owned subsidiary of OTC; or
(b)
consist of Telstra and at least one entity that, immediately before the succession day, was a wholly‑owned subsidiary of Telecom or of OTC.
(4)
The regulations may make 2 or more different declarations under subsection (2).
(5)
Subject to subsection (3), but without limiting the generality of subsection (2), a set of merging entities may include the merged entity in relation to another set of merging entities.
(6)
Regulations may be made for the purposes of subsection (2) at any time before the end of the 12 months beginning on the succession day, but not later.

3BTelstra body

Divisions 1, 2 and 3 of Part 3A
(1)
A reference in Divisions 1, 2 and 3 of Part 3A to a Telstra body is a reference to:
(a)
Telstra; or
(b)
a body corporate that is a subsidiary of Telstra immediately before the day that is the first day after 23 September 2005 on which a majority of the voting shares in Telstra are held by a person, or persons, other than the Commonwealth.
Remaining provisions
(2)
A reference in any of the remaining provisions of this Act to a Telstra body is a reference to:
(a)
Telstra; or
(b)
a body corporate that is a subsidiary of Telstra.
Future Fund
(3)
For the purposes of subsection (1), if a share in Telstra is an investment of the Future Fund, the share is taken to be held by a person other than the Commonwealth.
Securities lending arrangements
(4)
For the purposes of subsection (1), if, under an agreement of the kind known as a securities lending arrangement:
(a)
at a particular time (the disposal time), the Commonwealth disposed of a share in Telstra (the borrowed share) to another person (the borrower); and
(b)
the Commonwealth may come under an obligation to:
(i)
re‑acquire the borrowed share from the borrower at a later time; or
(ii)
acquire an identical share from the borrower at a later time;
the borrowed share is taken to be held by the Commonwealth during the period:
(c)
beginning at the disposal time; and
(d)
ending when the obligation mentioned in paragraph (b) is discharged or can no longer arise.
Definition
(5)
In this section:
the Commonwealth includes a category A hybrid‑security issuer company.

4Operating under a name

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; or
(b)
if the name is a body’s name—establishing a place of business, or carrying on business, in the State or Territory; or
(c)
if paragraph (b) does not apply—carrying on business under the name in the State or Territory.

5Subsidiaries

For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.

6Extension of Act to external Territories

This Act extends to the external Territories.

6AApplication of the Criminal Code

(1)
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2)
Despite subsection (1), Part 2.5 of the Criminal Code does not apply to an offence against Part 2 or 2A (within the meaning of section 8CI).

7Act binds the Crown

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

Part 2Commonwealth ownership of TelstraDivision 1Simplified outline8AASimplified outline

The following is a simplified outline of this Part:
• The Commonwealth may sell its remaining equity interest in Telstra.
• This Part sets out rules about how that sale is to be carried out.

Division 4Provisions relating to the sale by the Commonwealth of its shares in Telstra8AJTelstra sale scheme

(1)
The object of this section is to define the expressions Telstra sale scheme, sale‑scheme trustee, sale‑scheme trust deed and hybrid‑security issuer company.
(2)
For the purposes of this Act, a Telstra sale scheme is a scheme the object of which is to achieve the transfer, or progressive transfer, of the whole or a part of the Commonwealth’s equity in Telstra to other persons.
(3)
A Telstra sale scheme must comply with any rules set out in a determination in force under subsection (3A).
(3A)
The Minister for Finance may make a written determination setting out rules that are to be complied with by a Telstra sale scheme.
(3B)
A determination under subsection (3A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
(4)
A Telstra sale scheme may involve any or all of the following:
(a)
the transfer by the Commonwealth of any of its shares in Telstra;
(b)
the transfer by the Commonwealth of interests in its shares in Telstra to a company (the sale‑scheme trustee) in the company’s capacity as the trustee of a trust established by a trust deed (the sale‑scheme trust deed);
(c)
an investor in Telstra initially acquiring a particular interest in shares in Telstra and subsequently acquiring the remaining interests in those shares;
(d)
the payment by Telstra of a dividend;
(e)
the reduction of Telstra’s share capital;
(f)
the cancellation of a particular parcel of shares in Telstra held by the Commonwealth;
(g)
Telstra buying back shares in itself;
(h)
the issue of securities in Telstra;
(i)
the redemption of redeemable preference shares in Telstra held by the Commonwealth;
(j)
the alteration of Telstra’s constitution;
(k)
the issue by the Commonwealth or Telstra of sale‑scheme hybrid securities;
(l)
an arrangement under which one or more designated companies (each of which is called a hybrid‑security issuer company) issue sale‑scheme hybrid securities;
(m)
the guarantee by the Commonwealth of obligations of a hybrid‑security issuer company in relation to sale‑scheme hybrid securities (for example, obligations to make payments of interest or dividends);
(n)
an agreement of the kind known as a securities lending arrangement, where the securities lending arrangement relates to shares in Telstra.
(5)
In determining whether a scheme is a Telstra sale scheme, regard must be had to the economic and commercial substance of the scheme.
(6)
Subsections (4) and (5) do not, by implication, limit subsection (2).
(6A)
For the purposes of this section, a designated company is:
(a)
a wholly‑owned Commonwealth company; or
(b)
a body corporate specified in a written declaration made by the Minister for Finance under this paragraph.
(6B)
A category B hybrid‑security issuer company is a hybrid‑security issuer company (other than a wholly‑owned Commonwealth company) specified in a written declaration made by the Minister for Finance under this subsection.
(6C)
A declaration under paragraph (6A)(b) or subsection (6B) is not a legislative instrument.
(6D)
For the purposes of this section, if a share in Telstra is an investment of the Future Fund, the share is taken to be held by a person other than the Commonwealth.
(7)
In this section:
designated company has the meaning given by subsection (6A).
interest in a share has the same meaning as it has for the purposes of Part 2A.
scheme means:
(a)
any agreement, arrangement, understanding, promise or undertaking, whether express or implied; and
(b)
any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
securities includes:
(a)
shares; and
(b)
debentures (within the meaning of the Corporations Act 2001).
transfer, in relation to an interest in a share, includes the creation of the interest.
wholly‑owned Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013 (in working out whether a company is covered by this definition, ignore any sale‑scheme hybrid securities issued by the company).

8AJASale‑scheme hybrid securities

(1)
For the purposes of this Act, a sale‑scheme hybrid security is:
(a)
an interest‑bearing security that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or
(b)
a share that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or
(c)
any other security or financial product that is issued on the basis that it will or may be redeemed in exchange for a share or shares in Telstra; or
(d)
an option to acquire a share or shares in Telstra; or
(e)
an interest‑bearing security that is issued on the basis that it will or may be converted to a share or shares in Telstra; or

(f)
any other security or financial product that is issued on the basis that it will or may be converted to a share or shares in Telstra; or
(g)
an interest‑bearing security that is issued on the basis that it will or may be exchanged for a share or shares in Telstra; or
(h)
any other security or financial product that is issued on the basis that it will or may be exchanged for a share or shares in Telstra; or
(i)
a security, or a financial product, that:
(i)
is specified in a written declaration made by the Minister for Finance under this subparagraph; and
(ii)
relates directly or indirectly to Telstra.
(2)
A security or financial product covered by a paragraph of subsection (1) may (but need not) include a charge, pledge or lien.
(3)
A security covered by paragraph (1)(a), (e) or (g) may be issued in or outside Australia, and may be denominated in:
(a)
Australian currency; or
(b)
a currency other than Australian currency.
(4)
A share covered by paragraph (1)(b) may be issued in or outside Australia, and any rights or obligations may be denominated in:
(a)
Australian currency; or
(b)
a currency other than Australian currency.
(5)
A security or financial product covered by paragraph (1)(c), (f), (h) or (i) may be issued in or outside Australia, and any rights or obligations may be denominated in:
(a)
Australian currency; or
(b)
a currency other than Australian currency.
(6)
An option covered by paragraph (1)(d) may be issued in or outside Australia, and the exercise price may be denominated in:
(a)
Australian currency; or
(b)
a currency other than Australian currency.
(7)
A declaration under subparagraph (1)(i)(i) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.
(8)
In this section:
charge has the same meaning as in the Corporations Act 2001.
financial product has the same meaning as in Division 3 of Part 7.1 of the Corporations Act 2001.
security has the same meaning as in subsection 92(5) of the Corporations Act 2001.

8AKExemption from stamp duty – transfer by the Commonwealth of its shares in Telstra etc.

(1)
In this section:
charge has the same meaning as in the Corporations Act 2001.
designated matter means any of the following matters, where the matter relates to the entering into or carrying out of a Telstra sale scheme:
(a)
the transfer by the Commonwealth of:
(i)
a share in Telstra held by the Commonwealth; or
(ii)
an interest in such a share;
(b)
an agreement relating to a transfer covered by paragraph (a);
(c)
the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of a transfer covered by paragraph (a);
(d)
the transfer by the sale‑scheme trustee of:
(i)
a share in Telstra held by the trustee; or
(ii)
an interest in such a share;
where the transfer is in accordance with the sale‑scheme trust deed;
(e)
an agreement relating to a transfer covered by paragraph (d);
(f)
the receipt of money by the sale‑scheme trustee, or by a person acting on behalf of the sale‑scheme trustee, in respect of a transfer covered by paragraph (d);
(g)
the reduction of Telstra’s share capital;
(h)
the cancellation of a particular parcel of shares in Telstra held by the Commonwealth;
(i)
Telstra buying back shares in itself;
(j)
the issue of securities in Telstra;
(k)
the redemption of redeemable preference shares in Telstra held by the Commonwealth;
(ka)
the issue of sale‑scheme hybrid securities;
(kb)
the receipt of money by the Commonwealth, or by a person acting on behalf of the Commonwealth, in respect of the issue of sale‑scheme hybrid securities;
(kc)
the receipt of money by a hybrid‑security issuer company, or by a person acting on behalf of a hybrid‑security issuer company, in respect of the issue of sale‑scheme hybrid securities;
(kd)
the redemption, exchange or conversion of sale‑scheme hybrid securities;
(ke)
the transfer by a hybrid‑security issuer company of a share in Telstra held by the company;
(kf)
the grant of a charge, pledge or lien (whether in connection with sale‑scheme hybrid securities or otherwise);
(kg)
an agreement relating to a matter covered by paragraph (c), (f), (g), (h), (i), (j), (k), (ka), (kb), (kc), (kd), (ke) or (kf);
(kh)
an agreement of the kind known as a securities lending arrangement, where the securities lending arrangement relates to shares in Telstra;
(l)
any other matter that is specified in the regulations.
interest in a share has the same meaning as it has for the purposes of Part 2A.
securities includes:
(a)
shares; and
(b)
debentures (within the meaning of the Corporations Act 2001).
transfer, in relation to an interest in a share, includes the creation of the interest.
(2)
Stamp duty or other tax is not payable under a law of a State or Territory in respect of:
(a)
a designated matter; or
(b)
anything done (including 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 designated matter.
(3)
However, the rule in subsection (2) does not apply:
(a)
in such circumstances as are specified in the regulations; or
(b)
in relation to stamp duty, or other tax, of a kind specified in the regulations; or
(c)
in relation to stamp duty, or other tax, of a kind specified in the regulations, in such circumstances as are specified in the regulations.

8AKAAuthorisation of borrowing – issue of sale‑scheme hybrid securities

To the extent to which the issue of sale‑scheme hybrid securities under a Telstra sale scheme involves a borrowing of money by the Commonwealth, that borrowing is authorised by this section.
Note: Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by an Act.

8AQAssistance given by Telstra or the Board in connection with a Telstra sale scheme

(1)
Telstra may, on its own initiative, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme.
(2)
A member of the Board may, on the member’s own initiative, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme.
(3)
Telstra must, when requested in writing by the Minister or the Minister for Finance to do so, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme. The assistance is to be given within the period, and in the form and manner, specified in the request.
(4)
The Board must, when requested in writing by the Minister or the Minister for Finance to do so, assist the Commonwealth in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme. The assistance is to be given within the period, and in the form and manner, specified in the request.
(4A)
The Minister or the Minister for Finance may, by written notice given to Telstra, give directions to Telstra about the exercise of Telstra’s powers under subsection (1). Telstra must comply with the direction.
(4B)
The Minister or the Minister for Finance may, by written notice given to a member of the Board, give directions to the member about the exercise of the member’s powers under subsection (2). The member must comply with the direction.
(5)
To avoid doubt, the giving of assistance as mentioned in subsection (1), (2), (3) or (4), the making of a request under subsection (3) or (4), or the giving of a direction under subsection (4A) or (4B), does not result in a contravention of, or give rise to a liability or remedy under:
(a)
a provision of the Corporations Act 2001; or
(ab)
if Telstra is a listed disclosing entity—the listing rules of a listing market in relation to Telstra; or
(b)
a rule of common law or equity (other than a rule of administrative law).
(6)
A contravention of subsection (3), (4), (4A) or (4B) is not an offence. However, a contravention of subsection (3), (4), (4A) or (4B) is a ground for obtaining an injunction under Division 1 of Part 2B.
(7)
In this section:
listed disclosing entity has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing market, in relation to a listed disclosing entity, has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing rules of a market has the same meaning as it is given by section 9 of the Corporations Act 2001.

8ARGiving of assistance – ancillary provisions

(1)
The assistance mentioned in subsection 8AQ(1), (2), (3) or (4) may take the form of:
(a)
the giving of information; or
(b)
the giving of financial assistance (within the meaning of Part 2J.3 of the Corporations Act 2001); or
(c)
the giving of a financial benefit to a related party (within the meaning of Chapter 2E of the Corporations Act 2001); or
(d)
the provision, by Telstra’s directors or employees, of facilities, information and other assistance in connection with the conduct of:
(i)
a due diligence procedure or a similar process; or
(ii)
a market briefing or a similar process.
(4)
Subsection (1) does not, by implication, limit the forms in which assistance may be given.
(5)
Section 8AQ does not, by implication, limit any rights that are conferred on shareholders by other laws.
(6)
Section 8AQ does not authorise the imposition of taxation (within the meaning of section 55 of the Constitution).
(7)
Section 8AQ does not, by implication, limit:
(a)
the executive power of the Commonwealth to enter into an agreement; or
(b)
the capacity of Telstra, or of a member of the Board, to enter into an agreement with the Commonwealth.
Note: This ensures, for example, that the Commonwealth can enter into a co‑operation agreement with Telstra or with a member of the Board.
(8)
Section 8AQ extends to the giving of assistance outside Australia, whether or not in a foreign country.

8ATCommonwealth to be bound by Chapters 6CA, 6D and 7 of the Corporations Act

(1)
Despite subsection 5A(4) of the Corporations Act 2001 (but subject to subsection 5A(5) of that Act), Chapters 6CA, 6D and 7 of the Corporations Act 2001 bind the Crown in right of the Commonwealth to the extent to which those Chapters deal with the formulation, entering into, or carrying out, of a Telstra sale scheme.
(2)
Subsection (1) has effect despite anything in the Corporations Act 2001.
(4)
For the purposes of subsection (1), if Chapter 6CA, 6D or 7 of the Corporations Act 2001 is repealed and replaced by another provision of that Act that deals with fundraising or securities regulation, the reference in that subsection to that Chapter of that Act is to be read as a reference to the replacement provision.
Chinese wall arrangements
(5)
The Commonwealth does not contravene subsection 1043A(1) of the Corporations Act 2001 by entering into a transaction or agreement at any time in relation to:
(a)
shares in Telstra; or
(b)
sale‑scheme hybrid securities; or
(c)
a Telstra sale scheme;
merely because of information in the possession of an officer or employee of the Commonwealth if:
(d)
the decision to enter into the transaction or agreement was taken on its behalf by a person or persons other than that officer or employee; and
(e)
it had in operation at that time arrangements that could reasonably be expected to ensure that:
(i)
the information was not communicated to the person or persons who made the decision; and
(ii)
no advice with respect to the transaction or agreement was given to that person or any of those persons by a person in possession of the information; and
(f)
the information was not so communicated and no such advice was given.
(6)
A reference in subsection (5) to an officer of the Commonwealth includes a reference to the holder of an office under a law of the Commonwealth.

8AUAlterations of Telstra’s constitution before the minority‑interest sale time

(1)
This section applies to an alteration of Telstra’s constitution if:
(a)
the alteration occurs before the minority‑interest sale time; and
(b)
the alteration relates to the formulation, entering into, or carrying out, of a Telstra sale scheme.
(2)
A notice of a general meeting specifying an intention to propose a resolution for the alteration does not have to be given to:
(a)
trustees for debenture holders; or
(b)
debenture holders.
(3)
A court is not empowered to cancel the alteration.
(4)
Subsections (2) and (3) have effect despite anything in section 172 of the Corporations Act 2001.
(5)
For the purposes of subsection (4), if section 172 of the Corporations Act 2001 is repealed and replaced by another provision of the Corporations Act 2001 that deals with the alteration of a company’s constitution, the reference in that subsection to section 172 is to be read as a reference to the replacement provision.
(6)
In this section:
debenture has the same meaning as in the Corporations Act 2001.

8AUAAlteration of Telstra’s constitution after the minority‑interest sale time

(1)
The Minister may, by legislative instrument, alter Telstra’s constitution if:
(a)
the alteration relates to the formulation, entering into, or carrying out, of a Telstra sale scheme; and
(b)
the effect of the alteration is to:
(i)
remove, restrict or limit any rights, privileges or immunities of the Commonwealth or the Minister; or
(ii)
remove a provision that prohibits an act or thing without the consent of the Commonwealth; or
(iii)
in the case of a provision that prohibits an act or thing without the consent of the Commonwealth—remove the requirement to obtain that consent; or
(iv)
remove a provision that prohibits an act or thing without the consent of the Minister; or
(v)
in the case of a provision that prohibits an act or thing without the consent of the Minister—remove the requirement to obtain that consent; or
(vi)
remove a provision that prohibits an act or thing unless the Commonwealth directs otherwise; or
(vii)
in the case of a provision that prohibits an act or thing unless the Commonwealth directs otherwise—remove that power of direction; or
(viii)
remove a provision that prohibits an act or thing unless the Minister directs otherwise; or
(ix)
in the case of a provision that prohibits an act or thing unless the Minister directs otherwise—remove that power of direction; and
(c)
the instrument is made during the period:
(i)
beginning on the commencement of this section; and
(ii)
ending at the time of the repeal of Division 3 of Part 2.
(2)
Before making an instrument under subsection (1), the Minister must consult the members of the Board.
(4)
To avoid doubt, the making of an instrument under subsection (1) does not result in a contravention of, or give rise to a liability or remedy under:
(a)
a provision of the Corporations Act 2001; or
(b)
if Telstra is a listed disclosing entity—the listing rules of a listing market in relation to Telstra; or
(c)
a rule of common law or equity (other than a rule of administrative law).
(5)
If Telstra’s constitution is altered by an instrument under subsection (1), this Act does not prevent the further alteration of that constitution.
(6)
In this section:
listed disclosing entity has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing market, in relation to a listed disclosing entity, has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing rules of a market has the same meaning as it is given by section 9 of the Corporations Act 2001.

8AVReduction of Telstra’s share capital

(1)
This section applies to a reduction of Telstra’s share capital if:
(a)
the reduction relates to the formulation, entering into, or carrying out, of a Telstra sale scheme; and
(b)
the reduction is part of an overall arrangement or plan that involves:
(i)
the replacement of a particular type of share with one or more other types of share; and
(ii)
the replacement of the reduced share capital.
(2)
Notice of the reduction does not have to be given to Telstra’s creditors.
(3)
Telstra’s creditors are not entitled to object to the reduction.
(4)
The reduction does not have to be confirmed by a court.
(5)
Subsections (2), (3) and (4) have effect despite anything in Part 2J.1 of the Corporations Act 2001.

Division 5Miscellaneous8AWUse by the Commonwealth of information obtained from Telstra or the Board

(1)
This section applies to information obtained under repealed Division 3 or under section 8AQ.
(2)
The Commonwealth, or an associated person, may use the information for a purpose in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme.
(3)
The Commonwealth, or an associated person, may disclose the information for a purpose in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme.
(4)
If subsection (2) or (3) does not apply, the Commonwealth, or an associated person, may use or disclose the information for a purpose in connection with the Commonwealth’s capacity as a shareholder in Telstra, so long as the use or disclosure does not involve giving the information to a person who is not an associated person.
(5)
To avoid doubt, the use or disclosure of information as mentioned in subsection (2), (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under:
(a)
a provision of the Corporations Act 2001; or
(ab)
if Telstra is a listed disclosing entity—the listing rules of a listing market in relation to Telstra; or
(b)
a rule of common law or equity (other than a rule of administrative law).
(6)
In this section:
associated person means:
(a)
a Minister; or
(b)
an individual who holds an office under, or is employed by, the Commonwealth; or
(c)
a person appointed or engaged under the Public Service Act 1999; or
(d)
a person who performs services for or on behalf of the Commonwealth in connection with:
(i)
the formulation, entering into, or carrying out, of a Telstra sale scheme; or
(ii)
the Commonwealth’s capacity as a shareholder in Telstra.
listed disclosing entity has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing market, in relation to a listed disclosing entity, has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing rules of a market has the same meaning as it is given by section 9 of the Corporations Act 2001.

8AXAgreements relating to the protection of information obtained from Telstra or the Board

(1)
The Minister for Finance may, on behalf of the Commonwealth, enter into an agreement with Telstra, or with one or more members of the Board, relating to the protection of information:
(a)
that is obtained under repealed Division 3 or under section 8AQ; and
(b)
the publication of which might be expected to prejudice substantially Telstra’s commercial interests.
(2)
The agreement may be enforced as if it were a contract.
(3)
This section does not, by implication, limit the executive power of the Commonwealth to enter into agreements.

8AYTelstra’s obligations to disclose information

(1)
To avoid doubt, the mere fact that particular information was requested, required or given under repealed Division 3 or under section 8AQ is not a ground on which Telstra can be required to disclose or notify that, or any other, information under:
(a)
a provision of the Corporations Act 2001; or
(b)
if Telstra is a listed disclosing entity—the listing rules of a listing market in relation to Telstra.
(2)
In this section:
listed disclosing entity has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing market, in relation to a listed disclosing entity, has the same meaning as it is given by section 9 of the Corporations Act 2001.
listing rules of a market has the same meaning as it is given by section 9 of the Corporations Act 2001.

8AYBTelstra to give information to the Minister about the level of non‑Commonwealth ownership of shares in Telstra

Direction to give information
(1)
The Minister may, by written notice given to Telstra, direct Telstra to give to the Minister, within the period specified in the notice, specified information that is relevant to determining either or both of the following:
(a)
whether or not a particular day is the first day after the commencement of this section on which a majority of the voting shares in Telstra are held by a person, or persons, other than the Commonwealth;

(b)
whether or not a particular day is the first day after the commencement of this section on which 85% of the voting shares in Telstra are held by a person, or persons, other than the Commonwealth.
(2)
Telstra must comply with a direction under subsection (1).
Sanction
(3)
A breach of this section is not an offence. However, a breach of this section is a ground for obtaining an injunction under Division 1 of Part 2B.
Future Fund
(4)
For the purposes of this section, if a share in Telstra is an investment of the Future Fund, the share is taken to be held by a person other than the Commonwealth.
Securities lending arrangements
(5)
For the purposes of this section, if, under an agreement of the kind known as a securities lending arrangement:
(a)
at a particular time (the disposal time), the Commonwealth disposed of a share in Telstra (the borrowed share) to another person (the borrower); and
(b)
the Commonwealth may come under an obligation to:
(i)
re‑acquire the borrowed share from the borrower at a later time; or
(ii)
acquire an identical share from the borrower at a later time;
the borrowed share is taken to be held by the Commonwealth during the period:
(c)
beginning at the disposal time; and
(d)
ending when the obligation mentioned in paragraph (b) is discharged or can no longer arise.
Direction
(6)
A direction under subsection (1) is not a legislative instrument.
Definition
(7)
In this section:
the Commonwealth includes a category A hybrid‑security issuer company.

8AYCApplication of the Ombudsman Act 1976 to Telstra

In determining whether Telstra is a prescribed authority for the purposes of the Ombudsman Act 1976, assume that each reference to the Commonwealth in the definition of Commonwealth‑controlled company in subsection 3(1) of that Act includes a reference to a category A hybrid‑security issuer company.

8AYDControlling interest in Telstra

In determining, for the purposes of a law of the Commonwealth (other than this Act), whether the Commonwealth has a controlling interest in Telstra, if a share in Telstra is an investment of the Future Fund, assume that any voting rights associated with the share were held by a person other than the Commonwealth.

8AZRights of Telstra’s shareholders, debenture holders and creditors to be subject to this Act

(1)
The rights of Telstra’s shareholders, debenture holders and creditors are subject to this Act.
(2)
In this section:
debenture has the same meaning as in the Corporations Act 2001.

8BACompensation – constitutional safety net

(1)
If:
(a)
apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and
(b)
the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
(2)
If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3)
The Consolidated Revenue Fund is appropriated for the purposes of making payments under this section.

8BBDelegation

(1)
The Minister may, by writing, delegate to:
(a)
the Secretary of the Department; or
(b)
an SES employee or acting SES employee whether or not in the Department;
(c)
a person who is appointed by the Governor‑General under section 67 of the Constitution and has responsibilities in relation to the sale of Commonwealth assets;
all or any of the Minister’s powers under this Part.
(2)
The Minister for Finance may, by writing, delegate to:
(a)
the Secretary of the Finance Department; or
(b)
an SES employee or acting SES employee whether or not in the Finance Department;
(c)
a person who is appointed by the Governor‑General under section 67 of the Constitution and has responsibilities in relation to the sale of Commonwealth assets;
all or any of the powers conferred on the Minister for Finance by this Part.

8BCProvision to attract the corporations power and the communications power

This Part does not apply to Telstra unless Telstra:
(a)
is a corporation to which paragraph 51(xx) of the Constitution applies; or
(b)
carries on a business that consists of or includes the supply of a carriage service (within the meaning of the Telecommunications Act 1997).

Part 2ARestrictions on ownership of Telstra successor companiesDivision 1Simplified outline8BDSimplified outline

The following is a simplified outline of this Part:
• A Telstra successor company is subject to the following ownership restrictions:
(a)
a limit on total foreign ownership;
(b)
a limit on individual foreign ownership.
• The regulations may require information to be given for purposes relating to those limits.
• A Telstra successor company’s head office, base of operations and place of incorporation are to remain in Australia.
• A Telstra successor company’s Chairperson, and a majority of a Telstra successor company’s directors, must be Australian citizens.

Division 2Definitions in Schedule8BEDefinitions in Schedule

The Schedule sets out definitions of expressions used in this Part.
Note 1: The limits on the ownership of a Telstra successor company relate to a person’s stake in a Telstra successor company.
Note 2: Stake is defined in the Schedule.
Note 2A: A person’s stake is calculated on the assumption that the only shares in a Telstra successor company are shares held by persons other than the Commonwealth—see clause 12 of the Schedule.
Note 3: A person’s stake includes the interests of the person’s associates.
Note 4: There are 4 different types of stake. The main types are the percentage of total paid‑up share capital and the percentage of voting power.
Note 5: The ownership restrictions will be breached if any type of stake goes over the relevant limit.

Division 3Extra‑territorial operation8BFExtra‑territorial operation

The following provisions extend to acts, omissions, matters and things outside Australia, whether or not in a foreign country:
(a)
this Part and the Schedule;
(b)
Part 2B, to the extent to which it relates to this Part.

Division 4Limit on foreign ownership8BGMeaning of unacceptable foreign‑ownership situation

For the purposes of this Act, an unacceptable foreign‑ownership situation exists in relation to a Telstra successor company if:
(a)
there is a group of foreign persons who hold, in total, a particular type of stake in the Telstra successor company of more than 35%; or
(b)
there is or are one or more foreign persons each of whom holds a particular type of stake in the Telstra successor company of more than 5%.
Note 1: A person’s stake is calculated on the assumption that the only shares in a Telstra successor company are shares held by persons other than the Commonwealth—see clause 12 of the Schedule.
Note 2: A person’s stake includes the interests of the person’s associates—see the Schedule.

8BHAcquisitions of shares

If:
(a)
a person, or 2 or more persons under an arrangement, acquire shares in a company; and
(b)
the acquisition has the result, in relation to a Telstra successor company, that:
(i)
an unacceptable foreign‑ownership situation comes into existence in relation to the Telstra successor company; or
(ii)
if an unacceptable foreign‑ownership situation already exists in relation to the Telstra successor company because there is a group of foreign persons who hold, in total, a particular type of stake in the Telstra successor company of more than 35%—there is an increase in the total of any type of stake held by any group of foreign persons in the Telstra successor company; or
(iii)
if an unacceptable foreign‑ownership situation already exists in relation to the Telstra successor company because there is or are one or more foreign persons each of whom holds a particular type of stake in the Telstra successor company of more than 5%—there is an increase in any type of stake held by any of those foreign persons; and
(c)
the person or persons mentioned in paragraph (a) knew, or were reckless as to whether, the acquisition would have that result;
the person or persons mentioned in paragraph (a) commit an offence punishable on conviction by a fine not exceeding 400 penalty units.
Note: A person’s stake is calculated on the assumption that the only shares in a Telstra successor company are shares held by persons other than the Commonwealth—see clause 12 of the Schedule.

8BICompliance by Telstra successor companies

(1)
A Telstra successor company must take all reasonable steps to ensure that an unacceptable foreign‑ownership situation does not exist in relation to the Telstra successor company.
(2)
A Telstra successor company commits an offence if:
(a)
the Telstra successor company engages in conduct; and
(b)
that conduct contravenes subsection (1).
Penalty: 500 penalty units.
(3)
In this section:
engage in conduct means:
(a)
do an act; or
(b)
omit to perform an act.

8BJRemedial orders

(1)
If an unacceptable foreign‑ownership situation exists in relation to a Telstra successor company, the Federal Court may, on application by the Minister or the Telstra successor company, make such orders as the court considers appropriate for the purpose of ensuring that that situation ceases to exist.
(2)
The Federal Court’s orders include:
(a)
an order directing the disposal of shares; or
(b)
an order restraining the exercise of any rights attached to shares; or
(c)
an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person; or
(d)
an order that any exercise of rights attached to shares be disregarded.
(3)
Subsection (2) does not, by implication, limit subsection (1).
(4)
In addition to the Federal Court’s powers under subsections (1) and (2), the court:
(a)
has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and
(b)
has power to make an order containing such ancillary or consequential provisions as the court thinks just.
(5)
The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.
(6)
The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

Division 6Anti‑avoidance8BMAnti‑avoidance

(1)
If:
(a)
one or more persons enter into, begin to carry out or carry out a scheme; and
(b)
it would be concluded that the person, or any of the persons, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of Division 4 in relation to any person or persons (whether or not mentioned in paragraph (a)); and
(c)
as a result of the scheme or a part of the scheme, a person (the stakeholder) increases the stakeholder’s stake in a Telstra successor company;
the Minister may give the stakeholder a written direction to cease holding that stake within a specified time.
(2)
A person who intentionally contravenes a direction under subsection (1) commits an offence punishable on conviction by a fine not exceeding 400 penalty units.

Division 7Record‑keeping and giving of information8BNRecord‑keeping and giving of information

(1)
The regulations may make provision for and in relation to requiring a person:
(a)
to keep and retain records, where the records are relevant to an ownership matter; and
(b)
to give information to the Minister that is relevant to an ownership matter; and
(c)
to give information to a Telstra successor company, where the information is relevant to an ownership matter.
Note:Ownershipmatter is defined by subsection (6).
Statutory declarations
(2)
The regulations may provide that information given in accordance with a requirement covered by paragraph (1)(b) or (c) must be verified by statutory declaration.
No self‑incrimination
(3)
An individual is not required to give information in accordance with a requirement covered by paragraph (1)(b) or (c) if the information might tend to incriminate the individual or expose the individual to a penalty.
Offence
(4)
A person must not intentionally contravene a requirement covered by paragraph (1)(a), (b) or (c).
Penalty: 50 penalty units.
Regulations may confer discretionary powers on the Minister
(5)
Regulations made for the purposes of this section may make provision for or in relation to a matter by conferring a power on the Minister. For example, the regulations could provide that the Minister may, by written notice given to a Telstra successor company, require the Telstra successor company to give the Minister, within the period and in the manner specified in the notice, specified information about an ownership matter.
Definition
(6)
For the purposes of this section, each of the following matters is an ownership matter:
(a)
whether a person holds a particular type of stake in a Telstra successor company;
(b)
if a person holds a particular type of stake in a Telstra successor company—the level of that stake.

8BOIncorrect records

(1)
A person must not, in purported compliance with a requirement covered by paragraph 8BN(1)(a), make a record of any matter or thing in such a way that it does not correctly record the matter or thing.
(2)
A person who contravenes subsection (1) commits an offence punishable on conviction by imprisonment for a term not exceeding 6 months.

Division 8Head office, base of operations and place of incorporation of a Telstra successor company8BQHead office to be in Australia

(1)
A Telstra successor company must ensure that the central management and control of the Telstra successor company is ordinarily exercised at a place in Australia.
(2)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Division 1 of Part 2B.
(3)
A contravention of subsection (1) does not affect the validity of any transaction.

8BRBase of operations to be in Australia

(1)
A Telstra successor company must ensure that it maintains a substantial business and operational presence in Australia.
(2)
This section does not limit a Telstra successor company’s capacity to engage in activities outside Australia.
(3)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Division 1 of Part 2B.
(4)
A contravention of subsection (1) does not affect the validity of any transaction.

8BSTelstra successor companies to remain incorporated in Australia

(1)
A Telstra successor company must ensure that it is incorporated under the Corporations Act 2001.
(2)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Division 1 of Part 2B.
(3)
A contravention of subsection (1) does not affect the validity of any transaction.

Division 9Citizenship of Chairperson and directors of Telstra successor companies8BTChairperson must be an Australian citizen

(1)
A Telstra successor company must ensure that its Chairperson (however described) is an Australian citizen.
(2)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Division 1 of Part 2B.
(3)
A contravention of subsection (1) does not affect the validity of any transaction.

8BUMajority of directors must be Australian citizens

(1)
A Telstra successor company must ensure that a majority of its directors are Australian citizens.
(2)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Division 1 of Part 2B.
(3)
A contravention of subsection (1) does not affect the validity of any transaction.

8BUAAt least 2 directors must have knowledge of, or experience in, the communications needs of regional, rural or remote areas

(1)
A Telstra successor company must ensure that at least 2 of its directors have knowledge of, or experience in, the communications needs of regional, rural or remote areas.
(2)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Division 1 of Part 2B.
(3)
A contravention of subsection (1) does not affect the validity of any transaction.

Division 10Miscellaneous8BWConcurrent operation of State/Territory laws

It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Part.

8BXValidity of acts done in contravention of this Part

An act is not invalidated by the fact that it constitutes an offence against this Part.

8BYWinding‑up of Telstra successor companies not prevented by this Act

This Act does not, by implication, prevent a Telstra successor company being wound up in accordance with the Corporations Act 2001.

8BZAcquisition of property

The Federal Court must not make an order under this Part if:
(a)
the order would result in the acquisition of property from a person otherwise than on just terms; and
(b)
the order would be invalid because of paragraph 51(xxxi) of the Constitution.

8CAReview of decisions by Administrative Review Tribunal

(1)
Applications may be made to the Administrative Review Tribunal for review of decisions made by the Minister under:
(a)
subsection 8BM(1); or
(b)
subclause 9(2) or (3) of the Schedule.
(2)
If the Minister:
(a)
makes a decision of a kind covered by subsection (1); and
(b)
gives to the person or persons whose interests are affected by the decision written notice of the making of the decision;
that notice is to include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision.
(3)
A failure to comply with subsection (2) does not affect the validity of a decision.
(4)
In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.

8CBDelegation

(1)
The Minister may, by writing, delegate to:
(a)
the Secretary of the Department; or
(b)
an SES employee or acting SES employee whether or not in the Department;
(ba)
a person who is appointed by the Governor‑General under section 67 of the Constitution and has responsibilities in relation to the sale of Commonwealth assets;
all or any of the Minister’s powers under:
(c)
this Part; or
(d)
the Schedule; or
(e)
regulations made for the purposes of section 8BN.
(2)
The Minister for Finance may, by writing, delegate to:
(a)
the Secretary of the Finance Department; or
(b)
an SES employee or acting SES employee whether or not in the Finance Department;
(c)
a person who is appointed by the Governor‑General under section 67 of the Constitution and has responsibilities in relation to the sale of Commonwealth assets;
all or any of the powers conferred on the Minister for Finance by this Part.

8CCProvision to attract the corporations power and the communications power

This Part does not apply in relation to a Telstra successor company unless the Telstra successor company:
(a)
is a corporation to which paragraph 51(xx) of the Constitution applies; or
(aa)
is a holding company (within the meaning of the Corporations Act 2001) of a body corporate that is a corporation to which paragraph 51(xx) of the Constitution applies; or
(b)
carries on a business that consists of or includes the supply of a carriage service (within the meaning of the Telecommunications Act 1997); or
(c)
carries on a business that consists of or includes the supply of a service that facilitates the supply of a carriage service (within the meaning of the Telecommunications Act 1997); or
(d)
carries on a business that consists of or includes installing, maintaining, operating or providing access to:
(i)
a telecommunications network (within the meaning of the Telecommunications Act 1997); or
(ii)
a facility (within the meaning of the Telecommunications Act 1997);

used to supply a carriage service (within the meaning of the Telecommunications Act 1997); or
(e)
is a holding company (within the meaning of the Corporations Act 2001) of a body corporate that carries on a business covered by paragraph (b), (c) or (d).

Part 2AAAnti‑avoidance 8CCAAnti‑avoidance

(1)
A Telstra successor company must not, either alone or together with one or more other persons, enter into, begin to carry out or carry out a scheme if it would be concluded that the Telstra successor company did so for the sole or dominant purpose of avoiding the application of any provision of this Act in relation to the Telstra successor company.
(2)
A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Division 1 of Part 2B.
(3)
A contravention of subsection (1) does not affect the validity of any transaction.
(4)
In this section:
scheme means:
(a)
any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b)
any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

Part 2BRemedial provisionsDivision 1Injunctions8CDInjunctions

Restraining injunctions
(1)
If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of Part 2, 2A or 2AA, the Federal Court may, on the application of the Minister, grant an injunction:
(a)
restraining the person from engaging in the conduct; and
(b)
if, in the court’s opinion, it is desirable to do so—requiring the person to do something.
(2)
If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 8BH, the Federal Court may, on the application of a Telstra successor company, grant an injunction:
(a)
restraining the person from engaging in the conduct; and
(b)
if, in the court’s opinion, it is desirable to do so—requiring the person to do something.
Performance injunctions
(3)
If:
(a)
a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
(b)
the refusal or failure was, is or would be a contravention of Part 2 or 2A;
the Federal Court may, on the application of the Minister, grant an injunction requiring the person to do that act or thing.
(4)
If:
(a)
a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
(b)
the refusal or failure was, is or would be a contravention of subsection 8BN(4) that relates to a requirement covered by paragraph 8BN(1)(c);
the Federal Court may, on the application of a Telstra successor company, grant an injunction requiring the person to do that act or thing.

8CEInterim injunctions

Grant of interim injunction
(1)
If an application is made to the court for an injunction under section 8CD, the court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that section.
No undertakings as to damages
(2)
The court is not to require an applicant for an injunction under section 8CD, as a condition of granting an interim injunction, to give any undertakings as to damages.

8CFDischarge etc. of injunctions

The court may discharge or vary an injunction granted under this Division.

8CGCertain limits on granting injunctions not to apply

Restraining injunctions
(1)
The power of the court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
(a)
if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b)
if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
Performance injunctions
(2)
The power of the court under this Division to grant an injunction requiring a person to do an act or thing may be exercised:
(a)
if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
(b)
if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.

8CHOther powers of the court unaffected

The powers conferred on the court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.

Division 2Prosecutions8CIProsecutions of corporations

State of mind
(1)
If, in proceedings for an offence against Part 2A in respect of conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that:
(a)
a director, employee or agent of the corporation engaged in that conduct; and
(b)
the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and
(c)
the director, employee or agent had that state of mind.
Conduct
(2)
If:
(a)
conduct is engaged in on behalf of a corporation by a director, employee or agent of the corporation; and
(b)
the conduct is within the scope of his or her actual or apparent authority;
the conduct is taken, for the purposes of a prosecution for an offence against Part 2A, to have been engaged in by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
Extended meaning of state of mind
(3)
A reference in subsection (1) to the state of mind of a person includes a reference to:
(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
Extended meaning of director
(4)
A reference in this section to a director of a corporation includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.
Extended meaning of engaging in conduct
(5)
A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
Extended meaning of offence against Part 2A
(6)
A reference in this section to an offence against Part 2A includes a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to Part 2A of this Act.

8CJProsecutions of persons other than corporations

State of mind
(1)
If, in proceedings for an offence against Part 2A in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:
(a)
the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind.
Conduct
(2)
If:
(a)
conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and
(b)
the conduct is within the employee’s or agent’s actual or apparent authority;
the conduct is taken, for the purposes of a prosecution for an offence against Part 2A, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
Limitation on imprisonment
(3)
Despite any other provision of Part 2A, if:
(a)
a person is convicted of an offence; and
(b)
the person would not have been convicted of the offence if subsections (1) and (2) had not been in force;
the person is not liable to be punished by imprisonment for that offence.
Extended meaning of state of mind
(4)
A reference in subsection (1) to the state of mind of a person includes a reference to:
(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
Extended meaning of engaging in conduct
(5)
A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
Extended meaning of offence against Part 2A
(6)
A reference in this section to an offence against Part 2A includes a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to Part 2A of this Act.

8CKService of summons or process on foreign corporations – criminal proceedings

(1)
This section applies to a summons or process in any criminal proceedings under Part 2A, where:
(a)
the summons or process is required to be served on a body corporate incorporated outside Australia; and
(b)
the body corporate does not have a registered office or a principal office in Australia; and
(c)
the body corporate has an agent in Australia.
(2)
Service of the summons or process may be effected by serving it on the agent.
(3)
Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.
Note: Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.
(4)
In this section:
criminal proceeding includes a proceeding to determine whether a person should be tried for an offence.

8CLIndictable offences

An offence against Division 4 or 6 of Part 2A is an indictable offence.

Part 2CRe‑affirmation of the universal service obligation and the customer service guarantee 8CMRe‑affirmation of universal service obligation

(1)
The Parliament re‑affirms its intention:
(a)
that all people in Australia, wherever they reside or carry on business, will continue to have reasonable access, on an equitable basis, to standard telephone services and payphones; and
(b)
that the universal service obligation described in section 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 should be fulfilled as efficiently and economically as practicable.
(2)
An expression used in this section and in Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 has the same meaning in this section as it has in that Part.

8CNRe‑affirmation of the customer service guarantee

(1)
The Parliament re‑affirms its intention that the Minister will take all reasonable steps to ensure that:
(a)
the ACMA continues to make performance standards to be complied with by carriage service providers in relation to customer service; and
(b)
if a carriage service provider contravenes a performance standard, the carriage service provider will continue to be liable to pay damages to the customer for the contravention.
(2)
An expression used in this section and in Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 has the same meaning in this section as it has in that Part.

Part 3ATransitional provisions relating to the sale by the Commonwealth of its remaining equity interest in TelstraDivision 1Long service leave9AInterpretation

(1)
Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same meanings in this Division as in that Act.
(2)
In this Division:
combined service period, in relation to an employee, means the total of:
(a)
the period that is, immediately before the LSL changeover day, the employee’s period of service for the purposes of the Long Service Leave Act; and
(b)
the period starting on the LSL changeover day during which the employee continues to be an employee of a Telstra body.
employee includes a person employed in a full‑time or a part‑time capacity.
law means:
(a)
a law of the Commonwealth, a State or a Territory; or
(b)
regulations or any other instrument (other than a determination, award or industrial agreement) made under such a law.
post‑sale long service leave rights, in relation to an employee, means any long service leave rights the employee acquires under a determination, award, industrial agreement or law (other than this Act) on or after the LSL changeover day in relation to service on or after that day.

9BLong service leave for employees with less than 10 years service

(1)
This section provides that, in certain circumstances, a Telstra body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act is less than 10 years.
(2)
This section applies in relation to a person who is an employee of Telstra immediately before the LSL changeover day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act is less than 10 years.
(3)
This section does not apply in relation to an employee who dies while in the employment of a Telstra body. Section 9D applies to such employees.
(4)
If the employee continues to be employed by a Telstra body on and after the LSL changeover day until his or her combined service period is at least 10 years, the Telstra body may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subsection 9E(1).
(5)
If:
(a)
the employee ceases to be an employee of a Telstra body, on or after reaching the minimum retirement age, or because of retrenchment; and
(b)
the employee’s combined service period at the time when he or she ceases to be an employee of the Telstra body is at least one year;
the Telstra body may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subsection 9E(1).
(6)
If a period of long service leave may be granted to an employee under subsection (4) or (5), the Telstra body may, if the employee asks in writing, grant the employee long service leave on half salary for a period that is not more than twice the first‑mentioned period.
(7)
Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee ceases to be an employee.
(8)
For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act if:
(a)
that section applied to the employee; and
(b)
for the expression “section 16 or 17” in that section there were substituted the expression “section 9C of the Telstra Corporation Act 1991”.

9CPayments in lieu of long service leave for employees with less than 10 years service

(1)
This section provides that, in certain circumstances, a Telstra body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 9B.
(2)
This section applies in relation to a person who is an employee of Telstra immediately before the LSL changeover day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act is less than 10 years.
(3)
This section does not apply in relation to an employee who dies while in the employment of a Telstra body. Section 9D applies to such employees.
(4)
Subject to subsection (7), if the employee ceases to be an employee of a Telstra body on or after the day on which his or her combined service period reaches 10 years, the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).
(5)
Subject to subsection (7), if:
(a)
the employee ceases to be an employee of a Telstra body, on or after reaching the minimum retiring age, or because of retrenchment; and
(b)
the employee’s combined service period at the time when he or she ceases to be an employee of the Telstra body is at least one year;
the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).
(6)
Subject to subsection (7), if:
(a)
the employee ceases to be an employee of a Telstra body; and
(b)
the Telstra body is satisfied that the employee left the Telstra body because of ill‑health that justified his or her so leaving; and
(c)
when the employee left, his or her combined service period was at least one year;
the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).
(7)
An employee may, by written notice given to a Telstra body before the employee ceases to be an employee of the Telstra body:
(a)
request the Telstra body not to make a payment to the employee under this section; or
(b)
request the Telstra body to make a payment under subsection (4), (5) or (6) of a stated amount that is less than the amount that would otherwise be payable under that subsection.
(8)
The Telstra body must comply with a request made under subsection (7).
(9)
For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:
(a)
that section applied to the employee; and
(b)
for the expression “sections 16 and 17” in that section there were substituted the expression “section 9C of the Telstra Corporation Act 1991”.

9DPayments on the death of an employee

(1)
This section applies in relation to a person who is an employee of Telstra immediately before the LSL changeover day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act is less than 10 years.
(2)
If, on or after the LSL changeover day, the employee dies and, immediately before his or her death:
(a)
the employee was an employee of a Telstra body; and
(b)
the employee’s combined service period was at least one year; and
(c)
the employee had one or more dependants;
the Telstra body must make a payment to a dependant, or to 2 or more dependants, of the employee.
(3)
The total amount of the payment or payments is the amount that would have been payable to the employee under section 9C if, on the day of his or her death, the employee had ceased to be an employee of the Telstra body on or after reaching the minimum retiring age.
(4)
If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:
(a)
that section applied to an employee of a Telstra body; and
(b)
a reference in that section to the approving authority were a reference to the Telstra body; and
(c)
for the expression “this Act” in that section there were substituted the expression “section 9D of the Telstra Corporation Act 1991”; and
(d)
for the expression “subsection 16(7) or 17(5)” in that section there were substituted the expression “section 9D of the Telstra Corporation Act 1991”.

9EEmployee’s long service leave credit for the purposes of sections 9B and 9C

(1)
For the purposes of section 9B, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:
(a)
starting when the employee started his or her period of service; and
(b)
ending on the LSL changeover day;
if the employee had been retrenched on the LSL changeover day.
(2)
For the purposes of section 9C, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 9B.

9FDivision not to affect an employee’s post‑sale long service leave rights

To avoid doubt, this Division does not affect an employee’s post‑sale long service leave rights.

9GSaving – Long Service Leave Act

If, immediately before the LSL changeover day, the period of service under the Long Service Leave Act of an employee of Telstra is at least 10 years, then:

(4AA)
For the purposes of subclause (4A), if a share in a Telstra successor company is an investment of the Future Fund, the share is taken to be held by a person other than the Commonwealth.
(4AB)
For the purposes of subclause (4A), if:
(a)
a share in a Telstra successor company is held by the Commonwealth; and
(b)
the share is specified in a written declaration made by the Minister for Finance under this paragraph;
the share is taken to be held by a person other than the Commonwealth.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(4B)
For the purposes of subclauses (4A), (4AA) and (4AB), share does not include an interest in a share.
(5)
Subject to subclause (6), if:
(a)
a person holds a particular type of direct control interest (including a direct control interest that is taken to be held because of one or more previous applications of this subclause) in a company (the first level company); and
(b)
the first level company holds the same type of direct control interest in another company (the second level company);
the person is taken to hold that type of direct control interest in the second level company equal to the percentage worked out using the formula:
where:
first level percentage means the percentage of the direct control interest held by the person in the first level company.
second level percentage means the percentage of the direct control interest held by the first level company in the second level company.
(6)
In determining, for the purposes of paragraph 8BG(a) or subparagraph 8BH(b)(ii), the total of the stakes of a particular type that a group of foreign persons holds in a Telstra successor company, if:
(a)
a foreign company (the first company) holds that type of direct control interest in the Telstra successor company; and
(b)
in a case where that interest is held because of subclause (5)—that interest was not worked out under that subclause on the basis that one or more foreign companies were interposed between the first company and the Telstra successor company; and
(c)
apart from this subclause, a foreign person other than the first company would be taken under subclause (5) to hold that type of direct control interest in the Telstra successor company equal to a particular percentage; and
(d)
the direct control interest mentioned in paragraph (c) was worked out under subclause (5) directly or indirectly by reference to the direct control interest mentioned in paragraph (a);
the direct control interest mentioned in paragraph (c) is not to be counted.
(7)
For the purposes of subclause (6), a foreign company is a company that is a foreign person.
(8)
A declaration under paragraph (4AB)(b) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.

13Substantial interests in trust estates

(1)
For the purposes of the ownership provisions:
(a)
a person is taken to hold a substantial interest in a trust estate if the person, alone or together with an associate or associates, holds a beneficial interest in not less than 15% of the corpus or income of the trust estate; and
(b)
2 or more persons are taken to hold an aggregate substantial interest in a trust estate if the persons, together with an associate or associates, hold, in the aggregate, beneficial interests in not less than 40% of the corpus or income of the trust estate.
(2)
For the purposes of subclause (1), if, under the terms of a trust, a trustee has a power or discretion as to the distribution of the income or corpus of the trust estate to beneficiaries, each beneficiary is taken to hold a beneficial interest in the maximum percentage of income or corpus of the trust estate that the trustee is empowered to distribute to that beneficiary.

Endnotes

Endnote 1About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

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 = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	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	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent or FRLI registration	Commencement	Application, saving and transitional provisions
Australian and Overseas Telecommunications Corporation Act 1991	79, 1991	26 June 1991	s 1–7: 26 June 1991 (s 2(2)) Remainder: 1 Feb 1992 (s 2(1) and gaz 1992, No S32)
AUSSAT Repeal Act 1991	145, 1991	21 Oct 1991	Part 3 (ss. 8–12): 1 Feb 1992 (see Gazette 1992, No. S46) Remainder: Royal Assent	—
Transport and Communications Legislation Amendment Act 1991	173, 1991	25 Nov 1991	s 4–6: 25 Nov 1991 (s 2(1))	—
Transport and Communications Legislation Amendment Act 1994	64, 1994	30 May 1994	Sch 1 and 2: 30 May 1994 (s 2(1))	—
Telstra (Dilution of Public Ownership) Act 1996	81, 1996	19 Dec 1996	Schedule 1 (items 20–26): 1 May 1997 Remainder: Royal Assent	—
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997	59, 1997	3 May 1997	Sch 1 (items 56–66): 1 July 1997 (s 2(2)(d))	Sch 1 (item 66)
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Sch 2 (item 1248) and Sch 4 (items 1–3, 4(2)(a), (3) and 8(2)(c)): 1 Jan 1998 (s 2(2) and gaz 1997, No GN49) (s 2(2))	s 4(3) and Sch. 4 (items 1–3, 4(2)(a), (3), 8(2)(c))
Telecommunications Legislation Amendment Act 1999	52, 1999	5 July 1999	Sch 3 (items 65–68): 2 Aug 1999 (s 2(4))	Sch 3 (items 77(1), (3), 78(1), (3)), 81 and 82
Telstra (Further Dilution of Public Ownership) Act 1999	53, 1999	5 July 1999	5 July 1999	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Sch 1 (items 923–931): 5 Dec 1999 (s 2(1), (2) and gaz 1999, No S584)	—
Communications and the Arts Legislation Amendment (Application of Criminal Code) Act 2001	5, 2001	20 Mar 2001	s 4 and Sch 1 (items 166–174): 24 May 2001 (s 2(1)(a))	s 4
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	s 4–14 and Sch 3 (items 516–548): 15 July 2001 (s 2(1), (3) and gaz 2001, No S285)	s 4–14
Financial Services Reform (Consequential Provisions) Act 2001	123, 2001	27 Sept 2001	Sch 1 (items 347–363): 11 Mar 2002 (s 2(1), (6) and gaz 2001, No GN42)	—
Designs (Consequential Amendments) Act 2003	148, 2003	17 Dec 2003	Sch 1 and 2: 17 June 2004 (s 2(1) item 2) Remainder: 17 Dec 2003 (s 2(1) item 1)	—
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	s 4 and Sch 1 (items 438–440, 442, 443, 445–455, 458–490, 496): 22 Feb 2005 (s 2(1) items 2, 4, 6, 8, 10) Sch 1 (items 441, 444, 456, 457, 491, 492): 1 July 2005 (s 2(1) items 3, 5, 7, 9)	s 4 and Sch 1 (items 457, 459, 492, 496)
Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005	45, 2005	1 Apr 2005	Sch 1 (items 166, 167) and Sch 4: 1 July 2005 (s 2(1) items 2, 10) Sch 2: 1 July 2005 (s 2(1) item 3)	Sch 4
as amended by
Omnibus Repeal Day (Autumn 2014) Act 2014	109, 2014	16 Oct 2014	Sch 2 (items 177–181): 17 Oct 2014 (s 2(1) item 2)	—
Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005	117, 2005	23 Sept 2005	Sch 4 (items 1–6): 23 Sept 2005 (s 2(1) item 4) Sch 4 (item 7): 23 Sept 2005 (s 2(1) item 5)	—
Telstra (Transition to Full Private Ownership) Act 2005	118, 2005	23 Sept 2005	s 3, 4 and Sch 1 (items 1–40): 23 Sept 2005 (s 2(1) items 1, 2) Sch 1 (items 57–65): 24 Nov 2006 (s 2(1) item 3B) Sch 1 (items 66–72): 28 Feb 2007 (s 2(1) item 4)	s 3 and 4
as amended by
Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1)	SLI No. 50, 2006	17 Mar 2006 (F2006L00820)	Sch 21: 27 Mar 2006 (r 2(b))	—
Long Service Leave (Commonwealth Employees) Act 1976	192, 1976	20 Dec 1976	Sch 1: 5 Nov 2006	—
as amended by
Long Service Leave (Commonwealth Employees) Amendment Act 2006	122, 2006	4 Nov 2006	5 Nov 2006	—
Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008	8, 2008	20 Mar 2008	Sch 1–7: 28 Mar 2008 (s 2(1) item 2) Remainder: 20 Mar 2008 (s 2(1) item 1)	—
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008	144, 2008	9 Dec 2008	Sch 3 (items 11–18): 10 Dec 2008 (s 2(1) item 12)	Sch 3 (item 18)
Nation‑building Funds (Consequential Amendments) Act 2008	155, 2008	18 Dec 2008	Sch 2 (items 51–56): 1 Jan 2009 (s 2(1) item 2)	—
Fair Work (State Referral and Consequential and Other Amendments) Act 2009	54, 2009	25 June 2009	Sch 6: 1 July 2009 (s 2(1) item 22)	—
Long Service Leave Legislation Amendment (Telstra) Act 2009	110, 2009	16 Nov 2009	Sch 1 (items 3–7): 23 Nov 2009 (s 2)	—
Statute Stocktake (Regulatory and Other Laws) Act 2009	111, 2009	16 Nov 2009	Sch 1 (items 104–106): 17 Nov 2009 (s 2)	—
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Sch 5 (items 137(a), 138): 1 Mar 2010 (s 2(1) item 38)	Sch 5 (item 138)
Financial Framework Legislation Amendment Act 2010	148, 2010	17 Dec 2010	Sch 11 (item 23): 18 Dec 2010 (s 2(1) item 10)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 5 (items 213–215), Sch 6 (items 116–119) and Sch 7 (items 135–138): 19 Apr 2011 (s 2(1) items 13, 17, 18)	—
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	Sch 12 (items 204–208) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)	Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)	Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)	—
Land Transport Infrastructure Amendment Act 2014	101, 2014	11 Sept 2014	Sch 2 (item 6): 10 Oct 2014 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) Act 2015	10, 2015	5 Mar 2015	Sch 3 (items 337, 338, 348, 349): 5 Mar 2016 (s 2(1) item 2)	Sch 3 (items 348, 349)
Norfolk Island Legislation Amendment Act 2015	59, 2015	26 May 2015	Sch 2 (item 345): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6)	Sch 2 (items 356–396)
as amended by
Territories Legislation Amendment Act 2016	33, 2016	23 Mar 2016	Sch 2: 24 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (items 629–635): 5 Mar 2016 (s 2(1) item 2)	—
Statute Law Revision Act (No. 2) 2015	145, 2015	12 Nov 2015	Sch 1 (items 17, 18): 10 Dec 2015 (s 2(1) item 2)	—
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	Sch 4 (items 1, 312, 433): 10 Mar 2016 (s 2(1) item 6)	—
Statute Update (Autumn 2018) Act 2018	41, 2018	22 May 2018	Sch 5 (item 2): 19 June 2018 (s 2(1) item 4)	—
Communications Legislation Amendment (Deregulation and Other Measures) Act 2019	120, 2019	12 Dec 2019	Sch 5 (items 7, 8): 12 Dec 2019 (s 2(1) item 1)	—
Telstra Corporation and Other Legislation Amendment Act 2021	140, 2021	13 Dec 2021	Sch 1 (items 9–62, 78A–81): 14 Dec 2021 (s 2(1) item 2)	Sch 1 (items 78A–81)
as amended by
Telecommunications Legislation Amendment (Information Disclosure, National Interest and Other Measures) Act 2023	17, 2023	11 Apr 2023	Sch 1 (item 17): 14 Dec 2021 (s 2(1) item 5)	—
Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023	76, 2023	20 Sept 2023	Sch 2 (items 738, 739): 20 Oct 2023 (s 2(1) item 2)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024	38, 2024	31 May 2024	Sch 14 (item 23): 14 Oct 2024 (s 2(1) item 2)	—

Endnote 4Amendment history

Provision affected	How affected
Title...........................................	am. No. 64, 1994; No. 81, 1996
Part 1
s. 1............................................	am. No. 64, 1994
s. 2............................................	am. No. 52, 1999
s 3.............................................	am No 173, 1991; No 64, 1994; No 81, 1996; No 59, 1997; No 52, 1999; No 53, 1999; No 146, 1999; No 55, 2001; No 45, 2005; No 118, 2005 (as am by No 192, 1976; as am by No 122, 2006); No 155, 2008; No 110, 2009; No 5, 2011; No 62, 2014; No 101, 2014; No 145, 2015; No 120, 2019; No 140, 2021
s. 3A..........................................	ad. No. 173, 1991
am. No. 64, 1994
s 3B...........................................	ad No 118, 2005
am No 155, 2008; No 120, 2019
s. 5............................................	am. No. 55, 2001
s. 6A..........................................	ad. No. 5, 2001
s 7.............................................	am No 59, 2015
Part 2
Part 2 heading.............................	am. No. 64, 1994
rs. No. 81, 1996
Part 2.........................................	rs. No. 81, 1996
s. 8............................................	am. No. 64, 1994
rep. No. 81, 1996
Division 1
s. 8AA.......................................	ad. No. 81, 1996
am. No. 53, 1999; No. 118, 2005
Division 2..................................	rep. No. 118, 2005
s. 8AB.......................................	ad. No. 81, 1996
am. No. 53, 1999
rep. No. 118, 2005
s. 8AC.......................................	ad. No. 81, 1996
am. No. 5, 2001
rep. No. 118, 2005
Division 3..................................	rep. No. 118, 2005
ss. 8AD–8AH.............................	ad. No. 81, 1996
rep. No. 118, 2005
s. 8AI.........................................	ad. No. 81, 1996
am. No. 55, 2001
rep. No. 118, 2005
Division 4
s 8AJ.........................................	ad No 81, 1996
am No 55, 2001; No 118, 2005; No 155, 2008; No 62, 2014; No 126, 2015
s 8AJA.......................................	ad No 118, 2005
am No 126, 2015; No 76, 2023
s. 8AK.......................................	ad. No. 81, 1996
am. No. 53, 1999; No. 55, 2001; No. 118, 2005
s. 8AKA.....................................	ad. No. 117, 2005
am No 62, 2014
s. 8AL........................................	ad. No. 81, 1996
am. No. 53, 1999; Nos. 117 and 118, 2005
rep. No. 148, 2010
ss. 8AM–8AP.............................	ad. No. 81, 1996
rep. No. 53, 1999
s. 8AQ.......................................	ad. No. 81, 1996
am. No. 53, 1999; Nos. 55 and 123, 2001
s. 8AR.......................................	ad. No. 81, 1996
am. No. 55, 2001; No. 118, 2005
s. 8AS........................................	ad. No. 81, 1996
am. No. 53, 1999; Nos. 117 and 118, 2005
rep. No. 148, 2010
s. 8AT........................................	ad. No. 81, 1996
am. Nos. 55 and 123, 2001; No. 118, 2005
s. 8AU.......................................	ad. No. 81, 1996
am. No. 53, 1999; No. 55, 2001
s 8AUA......................................	ad No 53, 1999
am No 55, 2001; No 123, 2001; No 10, 2015
s. 8AV.......................................	ad. No. 81, 1996
am. No. 55, 2001; No. 118, 2005
Division 5
s. 8AW......................................	ad. No. 81, 1996
am. No. 53 and 146, 1999; Nos. 55 and 123, 2001; No. 118, 2005
s. 8AX.......................................	ad. No. 81, 1996
am. No. 118, 2005
s. 8AY.......................................	ad. No. 81, 1996
am. Nos. 55 and 123, 2001; No. 118, 2005
s. 8AYA.....................................	ad. No. 118, 2005
rep. No. 118, 2005
s 8AYB......................................	ad No 118, 2005
am No 155, 2008; No 126, 2015
s. 8AYC.....................................	ad. No. 118, 2005
s. 8AYD.....................................	ad. No. 118, 2005
am. No. 155, 2008
s. 8AZ........................................	ad. No. 81, 1996
am. No. 55, 2001
s. 8BA.......................................	ad. No. 81, 1996
am. Nos. 117 and 118, 2005
s. 8BB........................................	ad. No. 81, 1996
am. No. 53 and 146, 1999; No. 5, 2011
s. 8BC........................................	ad. No. 81, 1996
am. No. 53, 1999
Part 2A
Part 2A heading..........................	am No 140, 2021
Part 2A......................................	ad No 81, 1996
Division 1
s 8BD........................................	ad No 81, 1996
am No 140, 2021
Division 2
s 8BE.........................................	ad No 81, 1996
am No 53, 1999; No 140, 2021
Division 3
s. 8BF........................................	ad. No. 81, 1996
Division 4
s 8BG........................................	ad No 81, 1996
am No 53, 1999; No 140, 2021
s 8BH........................................	ad No 81, 1996
am No 53, 1999; No 4, 2016; No 140, 2021
s 8BI..........................................	ad No 81, 1996
am No 5, 2001; No 4, 2016; No 140, 2021
s 8BJ..........................................	ad No 81, 1996
am No 140, 2021
Division 5..................................	rep. No. 53, 1999
ss. 8BK, 8BL..............................	ad. No. 81, 1996
rep. No. 53, 1999
Division 6
s 8BM........................................	ad No 81, 1996
am No 4, 2016; No 140, 2021
Division 7
s 8BN........................................	ad No 81, 1996; No 140, 2021
s. 8BO.......................................	ad. No. 81, 1996
am. No. 5, 2001; No 4, 2016
s. 8BP........................................	ad. No. 81, 1996
rep. No. 5, 2001
Division 8
Division 8 heading......................	am No 140, 2021
s 8BQ........................................	ad No 81, 1996
am No 140, 2021
s 8BR.........................................	ad No 81, 1996
am No 140, 2021

s 8BS.........................................	ad No 81, 1996
am No 53, 1999; No 55, 2001; No 140, 2021
Division 9
Division 9 heading......................	am No 140, 2021
s 8BT.........................................	ad No 81, 1996
am No 140, 2021
s 8BU........................................	ad No 81, 1996
am No 140, 2021
s 8BUA......................................	ad No 53, 1999
am No 117, 2005; No 140, 2021
Division 10
s. 8BV.......................................	ad. No. 81, 1996
rep. No. 53, 1999
s. 8BW.......................................	ad. No. 81, 1996
s. 8BX.......................................	ad. No. 81, 1996
s 8BY........................................	ad No 81, 1996
am No 55, 2001; No 140, 2021
s. 8BZ........................................	ad. No. 81, 1996
s 8CA........................................	ad No 81, 1996
am No 38, 2024
s. 8CB........................................	ad. No. 81, 1996
am. Nos. 53 and 146, 1999; No. 5, 2011
s 8CC.........................................	ad No 81, 1996
am No 53, 1999; No 140, 2021
Part 2AA
Part 2AA....................................	ad. No. 53, 1999
s 8CCA......................................	ad No 53, 1999
am No 140, 2021
Part 2B
Part 2B heading..........................	rs. No. 53, 1999
am No 140, 2021
Part 2B.......................................	ad. No. 81, 1996
Division 1
s 8CD........................................	ad No 81, 1996
am No 53, 1999; No 140, 2021
ss. 8CE–8CH..............................	ad. No. 81, 1996
Division 2
s. 8CI.........................................	ad. No. 81, 1996
am. No. 5, 2001; No. 118, 2005
s. 8CJ.........................................	ad. No. 81, 1996
am. No. 5, 2001; No. 118, 2005
s. 8CK.......................................	ad. No. 81, 1996
am. No. 118, 2005
s. 8CL........................................	ad. No. 81, 1996
am. No. 118, 2005
Part 2C
Part 2C heading..........................	rs. No. 111, 2009
Part 2C.......................................	ad. No. 81, 1996
rep. No. 53, 1999
ad. No. 118, 2005
s. 8CM.......................................	ad. No. 81, 1996
rep. No. 53, 1999
ad. No. 118, 2005
am. No. 111, 2009
s. 8CN.......................................	ad. No. 118, 2005
Part 3 heading.............................	am. No. 64, 1994
rep. No. 118, 2005
Part 3.........................................	rep. No. 118, 2005
s. 9............................................	am. No. 64, 1994; No. 59, 1997; No. 52, 1999; No. 55, 2001; No. 45, 2005
rep. No. 118, 2005
Part 3A
Part 3A......................................	ad. No. 118, 2005
Division 1
s. 9A..........................................	ad. No. 118, 2005 (as am. by SLI 2006 No. 50); (as am. by No. 192, 1976 (as am. by No. 122, 2006))
am. No. 8, 2008; Nos. 54 and 110, 2009
ss. 9B–9E...................................	ad. No. 118, 2005 (as am. by No. 192, 1976; as am. by No. 122, 2006)
am. No. 110, 2009
s. 9F..........................................	ad. No. 118, 2005
s. 9G..........................................	ad. No. 118, 2005 (as am. by No. 192, 1976; as am. by No. 122, 2006)
am. No. 110, 2009
Division 2
s. 9H..........................................	ad. No. 118, 2005
Division 3
s. 9J...........................................	ad. No. 118, 2005
s. 9K..........................................	ad. No. 118, 2005
s. 9L..........................................	ad. No. 118, 2005
Division 4
s. 9M.........................................	ad. No. 118, 2005
s. 9N..........................................	ad. No. 118, 2005
s. 9P..........................................	ad. No. 118, 2005
s. 9Q..........................................	ad. No. 118, 2005
s. 9R..........................................	ad. No. 118, 2005
Part 4
Part 4 heading.............................	am. No. 64, 1994
s. 11...........................................	am. No. 64, 1994
s 12............................................	am No 64, 1994; No 126, 2015
s. 13...........................................	am. No. 64, 1994
Part 5
s. 15...........................................	am. No. 64, 1994
s. 16...........................................	am. No. 148, 2003
Part 6.........................................	rep. No. 52, 1999
s. 19...........................................	am. No. 64, 1994; No. 59, 1997
rep. No. 52, 1999
s. 20...........................................	rep. No. 52, 1999
s. 21...........................................	rep. No. 52, 1999
s. 22...........................................	am. No. 145, 1991; No. 59, 1997
rep. No. 52, 1999
s. 23...........................................	rep. No. 52, 1999
s. 24...........................................	am. No. 59, 1997
rep. No. 52, 1999
s. 25...........................................	rep. No. 52, 1999
Part 7
Part 7 heading.............................	am. No. 64, 1994
Division 1
s. 26...........................................	am. No. 64, 1994; No. 118, 2005
s. 28...........................................	rs. No. 173, 1991
Division 2
s. 29...........................................	am. No. 64, 1994
s. 30...........................................	am. No. 64, 1994
s. 31...........................................	am. No. 64, 1994
s. 32...........................................	am. No. 64, 1994; No. 53, 1999; No. 55, 2001
Division 3
ss. 33, 34....................................	am. No. 64, 1994
Part 8
s. 35...........................................	am. No. 64, 1994
s 36............................................	am. No. 64, 1994; No. 152, 1997; No. 53, 1999; No. 55, 2001; No. 118, 2005
(3), (3A) and (4) rep Nov 2006 (s 36(2))
am No 41, 2018
s. 37...........................................	am. No. 64, 1994
s. 38...........................................	am. No. 64, 1994
s. 39...........................................	am. No. 64, 1994
s. 41...........................................	am. No. 64, 1994; No. 81, 1996; No. 53, 1999
Part 9.........................................	ad. No. 53, 1999
rep No 62, 2014
s. 43...........................................	ad. No. 53, 1999
am. No. 8, 2010
rep No 62, 2014
s. 44...........................................	ad. No. 53, 1999
am. No. 8, 2005
rep No 62, 2014
s. 45...........................................	ad. No. 53, 1999
rep No 62, 2014
Division 2 heading......................	rs. No. 8, 2005
rep. No. 8, 2005
Division 2..................................	rep. No. 8, 2005
s. 46...........................................	ad. No. 53, 1999
rs. No. 8, 2005
rep. No. 8, 2005
s. 47...........................................	ad. No. 53, 1999
am. No. 8, 2005
rep. No. 8, 2005
ss. 48–51....................................	ad. No. 53, 1999
am. No. 8, 2005
rep. No. 8, 2005
Division 3..................................	rep. No. 8, 2005
ss. 52–57....................................	ad. No. 53, 1999
rep. No. 8, 2005
Division 4 heading......................	rs. No. 8, 2005
rep No 62, 2014
s. 58...........................................	ad. No. 53, 1999
am. No. 8, 2005
rep No 62, 2014
s. 59...........................................	ad. No. 53, 1999
am. No. 8, 2005; No. 8, 2010
rep No 62, 2014
s. 60...........................................	ad. No. 53, 1999
am. No. 8, 2005
rep No 62, 2014
s. 61...........................................	ad. No. 53, 1999
am. No. 8, 2005; No. 5, 2011
rep No 62, 2014
s. 62...........................................	ad. No. 53, 1999
am. No. 8, 2005; No. 5, 2011
rep No 62, 2014
Division 5 heading......................	rs. No. 8, 2005
rep. No. 8, 2005
Division 5..................................	rep. No. 8, 2005
s. 63...........................................	ad. No. 53, 1999
rs. No. 8, 2005
rep. No. 8, 2005
s. 64...........................................	ad. No. 53, 1999
am. No. 8, 2005
rep. No. 8, 2005
ss. 65–68....................................	ad. No. 53, 1999
am. No. 8, 2005
rep. No. 8, 2005
s. 69...........................................	ad. No. 53, 1999
am. No. 146, 1999; No. 5, 2011
rep No 62, 2014
s. 70...........................................	ad. No. 53, 1999
am. No. 146, 1999; No. 5, 2011
rep No 62, 2014
s. 71...........................................	ad. No. 53, 1999
am. No. 146, 1999; No. 5, 2011
rep No 62, 2014
Schedule
Schedule....................................	ad. No. 81, 1996
c. 1............................................	ad. No. 81, 1996
c. 2............................................	ad. No. 81, 1996
am. No. 53, 1999; No. 144, 2008
c. 3............................................	ad. No. 81, 1996
am. No. 53, 1999
c. 4............................................	ad. No. 81, 1996
c. 5............................................	ad. No. 81, 1996
c. 6............................................	ad. No. 81, 1996
c. 7............................................	ad. No. 81, 1996
c.8.............................................	ad. No. 81, 1996
c. 9............................................	ad. No. 81, 1996
am. No. 118, 2005
c. 10..........................................	ad. No. 81, 1996
c. 11..........................................	ad. No. 81, 1996
c 12...........................................	ad No 81, 1996
am No 53, 1999; No 118, 2005; No 155, 2008; No 126, 2015; No 140, 2021
c. 13..........................................	ad. No. 81, 1996