Transport and Communications Legislation Amendment Act 1991 (Cth)

Transport and Communications LegislationAmendment Act 1991

No. 173 of 1991

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title
2. Commencement

PART 2—AMENDMENTS OF THE AUSTRALIAN AND OVERSEAS TELECOMMUNICATIONS CORPORATION ACT 1991

3. Principal Act
4. Interpretation
5. Insertion of new section:
3A. Merging entities; merged entity; merger day
6. Repeal of section 28 and substitution of new section:
28. Merged entity taken to be the same body, for tax purposes, as merging entities

PART 3—AMENDMENTS OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION

ACT 1983

7. Principal Act
8. Interpretation
9. Insertion of new section:
64A. Hedging through currency contracts etc.

PART 4—AMENDMENTS OF THE CIVIL AVIATION ACT 1988

10. Principal Act
11. Interpretation
12. General functions of Authority
13. Insertion of new section:
9AA. Environmental functions of Authority

TABLE OF PROVISIONS—continued

Section

14. Insertion of new sections:
20AA. Flying unregistered aircraft etc.
20AB. Flying aircraft without licence etc.
20AC. Purported issue of authorisation
15. Insertion of new sections:
30A. Court may impose exclusion period if offence committed
30В. Variation and termination of exclusion order
30C. Court to give Authority details of exclusion orders
16. Exemption from tax
17. Insertion of new section:
62A. Hedging through currency contracts etc.
18. Imposition of statutory lien
19. Insertion of new section:
78A. Removal of aircraft under lien from Australian territory
20. Regulations

PART 5—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986

21. Principal Act
22. Interpretation
23. Functions of the Corporation
24. Extent of functions of Corporation
25. Insertion of new sections:
26A. Declaration of place as a Federal airport development site
26B. Variation of Federal airport development site
26C. How a place ceases to be a Federal airport development site
26. Vesting of land
27. Corporation holds Federal airports, and Federal airport development sites, for the Commonwealth
28. Transfer of assets
29. Exemption from taxation
30. Annual report

PART 6—AMENDMENTS OF THE NAVIGATION ACT 1912

31. Principal Act
32. Application of Act
33. Interpretation
34. Insertion of new section:
8AB. Declarations that Act applies in relation to fishing fleet support vessels on inter-state or intra-state voyages
35. Regulations with respect to qualifications of masters, officers, seamen and pilots
36. Alterations etc. of ships and cancellation of certificates
37. Offences with respect to subdivision load line marks
38. Commencement of repeal of Part IX

PART 8—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1991

39. Principal Act
40. Objects
41. Repeal of section 137 and substitution of new section:
137. Carrier's rights to interconnection to networks of, and supply of telecommunications services by, other carriers
42. Supplementary access conditions of licences
43. Minister may determine principles to govern charging for access
44. Arbitration by AUSTEL of terms of access
45. AUSTEL's way of operating
46. Basic carriage service must be tariffed if supplied to a person other than a carrier

TABLE OF PROVISIONS—continued

Section

47. Addition of new sections:
408. Disallowance of regulations tabled after 14 November 1991 and before 31 December 1991
409. Disallowance of instruments tabled after 14 November 1991 and before 31 December 1991

PART 9—AMENDMENTS OF THE TRADE PRACTICES ACT 1974

48. Principal Act
49. Interpretation
50. Insertion of new section:
10.17A. Exemptions of section 45 for conference agreements to the extent that they specify freight rates
51. Insertion of new section:
10.18A. Exemption from section 47 for conference agreements to the extent that they specify freight rates
52. Copy of agreement to be filed with application etc.
53. Copy of agreement to be filed with application etc.
54. Application also to be made for registration of varying conference agreements
55. Application to be made for registration of varying conference agreements

PART 10—OTHER AMENDMENTS

56. Other amendments

SCHEDULE

OTHER AMENDMENTS OF ACTS

Transport and Communications Legislation Amendment Act 1991

No. 173 of 1991

An Act to amend the law relating to transport and communications, and for related purposes

[Assented to 25 November 1991]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Transport and Communications Legislation Amendment Act 1991.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Part 3 is taken to have commenced immediately after the Australian National Railways Commission Act 1983 commenced.

(3) Subsection 11(1) and section 17 are taken to have commenced immediately after the Civil Aviation Act 1988 received the Royal Assent.

(4) Section 16 is taken to have commenced immediately after section 25 of the Civil Aviation Amendment Act 1990 commenced.

(5) Section 20 is taken to have commenced immediately after section 98 of the Civil Aviation Act 1988 commenced.

(6) Section 29 is taken to have commenced immediately after paragraph 23(1)(b) of the Federal Airports Corporation Amendment Act 1990 commenced.

(7) Sections 36 and 37 are taken to have commenced on 1 May 1989.

(8) Part 7 is taken to have commenced on 21 August 1990.

(9) The amendment of subsection 48(1) of the Australian Maritime Safety Authority Act 1990 in the Schedule is taken to have commenced immediately after section 48 of that Act commenced.

(10) The amendment of section 221 of the Navigation Act 1912 in the Schedule is taken to have commenced on 18 December 1987.

(11) The amendments of sections 405N and 405P of the Navigation Act 1912 in the Schedule are taken to have commenced on 1 January 1991.

(12) The amendment of section 425 of the Navigation Act 1912 in the Schedule is taken to have commenced on 3 September 1990.

PART 2—AMENDMENTS OF THE AUSTRALIAN AND OVERSEAS TELECOMMUNICATIONS CORPORATION ACT 1991

Principal Act

3. In this Part, "Principal Act" means the Australian and Overseas Telecommunications Corporation Act 19911.

Interpretation

4. Section 3 of the Principal Act is amended:

(a) by omitting the definition of "exempt matter" and substituting the following definition:
" '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 AOTC, 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;";
(b) by inserting the following definitions:
" 'entity' means:
(a) Telecom; or
(b) OTC; or
(c) a group company;
'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;".

5. After section 3 of the Principal Act the following section is inserted:

Merging entities; merged entity; merger day

"3A.(1) For the purposes of this Act:

(a) Telecom and OTC are a set of merging entities; and
(b) AOTC 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 AOTC 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.".

6. Section 28 of the Principal Act is repealed and the following section is substituted:

Merged entity taken to be the same body, for tax purposes, as merging entities

"28.(1) Where:

(a) 2 or more entities are a set of merging entities; and
(b) an entity is the merged entity in relation to that set; subsection (2) has effect, on and after the merger day in relation to that set and that merged entity, even if any of the entities concerned later ceases to be a group company.

"(2) For the purposes only of the application of the laws of the Commonwealth, of the States and of the Territories relating to taxation:

(a) the merging entities are taken to be the same body as the merged entity and to continue in existence under the merged entity's name; and
(b) any provisions of this Act that are inconsistent with paragraph (a) are to be disregarded; and

(c) any act or transaction inconsistent with paragraph (a) is taken not to have been done or not to have occurred, as the case may be; and
(d) Telecom as it existed at any time before the succession day is taken to have had at that time a share capital all the issued shares in which were beneficially owned by the Commonwealth; and
(e) OTC as it existed at any time before the succession day is taken to have had at that time a share capital all the issued shares in which were beneficially owned by the Commonwealth.

"(3) The effect that this section has in relation to a set of merging entities and the merged entity in relation to that set is in addition to, and does not prejudice, the effect that this section has in relation to another set of merging entities and the merged entity in relation to that other set.".

PART 3—AMENDMENTS OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983

Principal Act

7. In this Part, "Principal Act" means the Australian National Railways Commission Act 19832.

Interpretation

8. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'currency contract' means:

(a) a forward exchange rate contract; or
(b) a contract with respect to currency futures;

'futures contract' means:

(a) a deferred delivery contract; or
(b) a contract with respect to financial futures; or
(c) a contract with respect to commodity futures;".

9. After section 64 of the Principal Act the following section is inserted:

Hedging through currency contracts etc.

"64A.(1) Subject to subsection (4), the Commission may enter into and deal with contracts to which this section applies for hedging purposes in relation to:

(a) a borrowing, or a proposed borrowing, of money by the Commission; or
(b) an investment of money by the Commission; or

Note: for 'contracts to which this section applies' see subsection (6).

"(2) The Minister may, by written determination, set guidelines for the exercise by the Commission of its power under subsection (1) and must give the Commission a copy of each determination made.

"(3) Without limiting subsection (2), the guidelines may provide that:

(a) the Commission is not to enter into or deal with contracts of a particular kind; or
(b) the Commission is to enter into or deal with contracts of a particular kind only if the contract relates to specified matters.
Examples of paragraph (3)(b) guidelines: guidelines that provided that the Commission is to enter into commodity futures only if the commodity is a specified commodity or a commodity that has a specified link with the Commission's operations.

"(4) The Commission must not enter into or deal with a contract to which this section applies contrary to any guidelines in force under subsection (2).

"(5) A contract is taken to be entered into or dealt with for hedging purposes only if the contract is entered into or dealt with for the purposes of:

(a) reducing the risk of adverse variations in:
(i) the costs of a borrowing, or a proposed borrowing, of money by the Commission; or
(ii) the revenue obtainable by the Commission from the investment of money of the Commission; or
(iii) the costs of commodities purchased by the Commission; or
(b) maintaining the value of:
(i) investments made by the Commission; or
(ii) property used as security for a borrowing, or a proposed borrowing, by the Commission.

"(6) This section applies to contracts of the following kinds:

(a) currency contracts;
(b) interest rate contracts;
(c) futures contracts;
(d) contracts relating to:
(i) dealings known as currency swaps; or
(ii) dealings known as interest rate swaps; or
(iii) dealings known as commodity swaps;
(e) contracts relating to 2 or more of the dealings referred to in paragraph (d);

(f) options (including futures options);
(g) contracts of a kind approved by the Minister in writing.".

PART 4—AMENDMENTS OF THE CIVIL AVIATION ACT 1988

Principal Act

10. In this Part, "Principal Act" means the Civil Aviation Act 19883.

Interpretation

11.(1) Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'currency contract' means:

(a) a forward exchange rate contract; or
(b) a contract with respect to currency futures;

'futures contract' means:

(a) a deferred delivery contract; or
(b) a contract with respect to financial futures; or
(c) a contract with respect to commodity futures;".

(2) Section 3 of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'civil aviation authorisation' means an authorisation under the Civil Aviation Regulations to undertake a particular activity (whether the authorisation is called an authority, licence, certificate, rating or endorsement or is known by some other name);".

General functions of Authority

12. Section 9 of the Principal Act is amended:

(a) by omitting subsection (1A);
(b) by omitting from subsection (4) ", and the function referred to in subsection (1A),".

13. After section 9 of the Principal Act the following section is inserted:

Environmental functions of Authority

"9AA.(1) For the purposes of this section, an aircraft is a Commonwealth jurisdiction aircraft if it is not a state aircraft and it is an aircraft:

(a) that is being operated:
(i) in the course of trade and commerce with other countries or among the States; or
(ii) in the course of, or for the purposes of, the provision of

services by a trading corporation (within the meaning of paragraph 51(xx) of the Constitution); or
(iii) by a foreign corporation (within the meaning of that paragraph of the Constitution); or
(iv) in a Territory, between Territories or between a Territory and a State; or
(v) in a journey to or from a place that has been acquired by the Commonwealth for public purposes; or
(b) that is:
(i) in the possession or under the control of the Commonwealth or an authority of the Commonwealth; or
(ii) being used wholly or principally for a purpose of the Commonwealth.

"(2) The functions of the Authority include:

(a) carrying out activities to protect the environment from the effects of, and the effects associated with, the operation of Commonwealth jurisdiction aircraft; and
(b) investigating damage to property caused by wake vortices produced by the operation of Commonwealth jurisdiction aircraft; and
(c) arranging for the provision of compensation to people whose property has been damaged by wake vortices produced by the operation of Commonwealth jurisdiction aircraft.

"(3) In paragraphs (2)(b) and (2)(c), a reference to damage to property does not include damage to aircraft in flight.

"(4) Under paragraph (2)(c), the Authority may itself pay compensation if it considers it appropriate.

"(5) Nothing in this section is to be taken to confer a right on any person to compensation for damage to property caused by wake vortices produced by the operation of Commonwealth jurisdiction aircraft.

"(6) Subject to section 12, the function referred to in paragraph (2)(a) may be performed at the discretion of the Authority.".

14. After section 19 of the Principal Act, the following sections are inserted:

Flying unregistered aircraft etc.

"20AA.(1) A person must not fly an aircraft within Australian territory unless:

(a) the aircraft is registered under the Civil Aviation regulations; or

(b) the aircraft is, under this Act or those regulations, not required to be registered under those regulations; or
(c) the aircraft:
(i) is employed in private operations; and
(ii) possesses the nationality of a Contracting State.

"(2) In subsection (1), 'employed in private operations' has the same meaning as it has in the Civil Aviation Regulations.

"(3) An Australian aircraft is not to commence a flight unless:

(a) a certificate of airworthiness under the Civil Aviation Regulations is in force in respect of the aircraft; or
(b) the Civil Aviation Regulations authorise the flight without the certificate.

"(4) An Australian aircraft is not to commence a flight unless:

(a) a maintenance release under the Civil Aviation Regulations is in force in respect of the aircraft; or
(b) the Civil Aviation Regulations authorise the flight without the release.

"(5) An owner, operator, hirer (not being the Crown) or pilot of an aircraft must not knowingly or recklessly:

(a) operate the aircraft; or
(b) permit the aircraft to be operated;

so as to contravene subsection (3) or (4).

Penalty: Imprisonment for 2 years.

Flying aircraft without licence etc.

"20AB.(1) A person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless:

(a) the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or
(b) the person is authorised by or under the Civil Aviation Regulations to perform that duty without the civil aviation authorisation concerned.

Penalty: Imprisonment for 2 years.

"(2) A person must not carry out maintenance on:

(a) an Australian aircraft in Australian territory; or
(b) an aircraft component for such an aircraft; or
(c) aircraft material for such an aircraft;

unless the person is permitted by the Civil Aviation Regulations to carry out that maintenance.

Penalty: Imprisonment for 2 years.

"(3) Nothing in subsection (1) or (2) limits the power to make regulations under this Act that provide for an offence of undertaking another activity without the appropriate civil aviation authorisation or special authorisation under the Civil Aviation Regulations.

"(4) In this section, 'aircraft component', 'aircraft material', 'flight time' and 'maintenance' have the same meanings as in the Civil Aviation Regulations.

Purported issue of authorisation

"20AC.(1) A person must not purport to give a civil aviation authorisation for the purposes of the Civil Aviation Regulations unless the person is authorised under those regulations to give the authorisation.

Penalty: Imprisonment for 2 years.

"(2) Without limiting subsection (1), a person is to be taken to give an authorisation for the purposes of that subsection if the person endorses the authorisation on another document (for example, endorses a rating on a licence or in a log book).".

15. After section 30 of the Principal Act the following sections are inserted:

Court may impose exclusion period if offence committed

"30A.(1) If:

(a) a person is convicted of an offence against this Act or the regulations; and
(b) the person holds a civil aviation authorisation (in this section called the 'old authorisation'); and
(c) the old authorisation authorises the person to undertake a particular activity (in this section called the 'previously authorised activity'); and
(d) the Court considers that it is in the interests of air navigation safety for the person to be excluded from that activity;

the Court may order that the person is to be excluded from that activity for the period specified in the order (in this section called the 'exclusion period').

"(2) The Court may make the order even if the conduct that was involved in the offence was not engaged in by the person while exercising his or her rights under the old authorisation.

"(3) The exclusion period may be indefinite.

"(4) During the exclusion period:

(a) the old authorisation is of no effect; and

(b) a new civil aviation authorisation to undertake the previously authorised activity is not to be granted to the person.

"(5) The person is not entitled to any refund of fees that the person has paid in respect of the old authorisation.

"(6) The person must return the old authorisation to the Authority as soon as practicable after the order is made.

Penalty: $3,000.

"(7) If the old authorisation is endorsed on another document, the person must, in order to comply with subsection (6), return that other document to the Authority and the Authority will take appropriate steps to issue a new document without the endorsement.

"(8) If the exclusion period ends before the period for which the old authorisation was granted, the Authority is to return the authorisation to the person as soon as practicable after the end of the exclusion period.

Note: this subsection may require the Authority to endorse a document already issued to the person.

Variation and termination of exclusion order

"30B.(1) If a Court makes an order under subsection 30A(1):

(a) the person may apply to the Court at any time for the termination or variation of the order; and
(b) the Authority is to be a party to any proceedings on an application under paragraph (a).

"(2) If an application is made under paragraph (1)(a), the Court may terminate or vary the order but only if it is satisfied that doing so would not prejudice air navigation safety.

Court to give Authority details of exclusion orders

"30C. The Court is to give the Authority details of:

(a) orders made under subsection 30A(1); and
(b) terminations and variations made as a result of applications made under paragraph 30B(1)(a).".

Exemption from tax

16. Section 55 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2A) The Authority is not a public authority for the purposes of paragraph 23(d) of the Income Tax Assessment Act 1936".

17. After section 62 of the Principal Act the following section is inserted:

Hedging through currency contracts etc.

"62A.(1) Subject to subsection (4), the Authority may enter into and deal with contracts to which this section applies for hedging purposes in relation to:

(a) a borrowing, or a proposed borrowing, of money by the Authority; or
(b) an investment of money by the Authority; or
(c) commodity purchases by the Authority.

Note: for 'contracts to which this section applies' see subsection (6).

"(2) The Minister may, by written determination, set guidelines for the exercise by the Authority of its power under subsection (1) and must give the Authority a copy of each determination made.

"(3) Without limiting subsection (2), the guidelines may provide that:

(a) the Authority is not to enter into or deal with contracts of a particular kind; or
(b) the Authority is to enter into or deal with contracts of a particular kind only if the contract relates to specified matters.
Examples of paragraph (3)(b) guidelines: guidelines that provided that the Authority is to enter into commodity futures only if the commodity is a specified commodity or a commodity that has a specified link with the Authority's operations.

"(4) The Authority must not enter into or deal with a contract to which this section applies contrary to any guidelines in force under subsection (2).

"(5) A contract is taken to be entered into or dealt with for hedging purposes only if the contract is entered into or dealt with for the purposes of:

(a) reducing the risk of adverse variations in:
(i) the costs of a borrowing, or a proposed borrowing, of money by the Authority; or
(ii) the revenue obtainable by the Authority from the investment of money of the Authority; or
(iii) the costs of commodities purchased by the Authority; or
(b) maintaining the value of:
(i) investments made by the Authority; or
(ii) property used as security for a borrowing, or a proposed borrowing, by the Authority.

"(6) This section applies to contracts of the following kinds:

(a) currency contracts;
(b) interest rate contracts;
(c) futures contracts;

(d) contracts relating to:
(i) dealings known as currency swaps; or
(ii) dealings known as interest rate swaps; or
(iii) dealings known as commodity swaps;
(e) contracts relating to 2 or more of the dealings referred to in paragraph (d);
(f) options (including futures options);
(g) contracts of a kind approved in writing by the Minister.".

Imposition of statutory lien

18. Section 69 of the Principal Act is amended:

(a) by inserting after paragraph (1)(b) the following word and paragraph:

"; and (c) the charge or penalty in respect of the charge remains unpaid;";

(b) by omitting from subsection (1) all the words after "covering" and substituting:

"the following:

(d) the charge or penalty;
(e) any penalty that becomes payable in respect of the charge after the entry is made;
(f) any further outstanding amounts in respect of the aircraft.".

19. After section 78 of the Principal Act the following section is inserted:

Removal of aircraft under lien from Australian territory

"78A. A person who knows or has reasonable grounds to believe that a statutory lien is in effect in respect of an aircraft must not remove that aircraft from Australian territory without the prior approval of an authorised officer.

Penalty: Imprisonment for 3 years.".

Regulations

20. Section 98 of the Principal Act is amended by inserting before subsection (4) the following subsection:

"(3B) Nothing in this Act (including, in particular, paragraph 9(1)(a), subsection 13(4) and section 94) is to be taken to prevent regulations being made which provide for the delegation of:

(a) a function conferred on the Authority under paragraph 9(1)(a); or
(b) a power of the Authority for or in connection with the performance of that function;

to a person who is not a member or an officer.".

PART 5—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986

Principal Act

21. In this Part, "Principal Act" means the Federal Airports Corporation Act 19864.

Interpretation

22. Section 3 of the Principal Act is amended by inserting the following definition:

" 'Federal airport development site' means a place in respect of which a declaration under section 26A or paragraph 26B(1)(a) is in force;".

Functions of the Corporation

23. Section 6 of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

"(aa) to establish airports at Federal airport development sites;".

Extent of functions of Corporation

24. Section 8 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2A) Nothing in paragraph (2)(f) or (g) is to be taken to prevent the Corporation from establishing airports at Federal airport development sites under paragraph 6(aa).".

25. After section 26 of the Principal Act the following sections are inserted:

Declaration of place as a Federal airport development site

"26A.(1) Subject to subsection (2), the Minister may declare that a place is a Federal airport development site.

"(2) A declaration under subsection (1):

(a) must be made by notice published in the Gazette; and
(b) must be made only in respect of a place that consists of or includes land that is owned by either the Commonwealth or the Corporation; and
(c) must specify the name by which the site is to be known; and
(d) must specify the day on which the declaration is to come into effect; and
(e) may relate to 2 or more places.

"(3) The day specified under paragraph (2)(d) must be later than the day on which the notice is published in the Gazette.

"(4) If a declaration relates to 2 or more places, the places need not be contiguous.

Variation of Federal airport development site

"26B.(1) The Minister may:

(a) declare that a place owned by the Commonwealth or the Corporation is to form part of a Federal airport development site; or
(b) declare that a place is to cease to be part of a Federal airport development site; or
(c) declare that a place is to cease to be a Federal airport development site.

"(2) A declaration under subsection (1):

(a) may be made only on the recommendation of the Board; and
(b) must be made by notice published in the Gazette; and
(c) must specify the day on which the declaration is to come into effect.

"(3) The day specified under paragraph (2)(c) must be later than the day on which the notice is published in the Gazette.".

How a place ceases to be a Federal airport development site

"26C. If:

(a) a place is a Federal airport development site; and
(b) a declaration in respect of the place is made under section 25 or subsection 26(1);

the place ceases to be a Federal airport development site on the day that is specified in the notice published in the Gazette under that section or subsection.".

Vesting of land

26. Section 28 of the Principal Act is amended by adding at the end the following subsections:

"(3) Subject to subsection (5), if land that is owned by the Commonwealth becomes a Federal airport development site under this Part, the land is vested in the Corporation without any conveyance, transfer or assignment.

"(4) The reference in subsection (3) to land includes all rights, title and interests in the land.

"(5) If:

(a) a declaration is made under subsection 26A(1) or paragraph 26B(1)(a) in relation to some land; and
(b) the declaration states that some or all of the land (in this subsection called the 'excluded land') is not to vest in the Corporation;

the excluded land does not vest in the Corporation under subsection (3) of this section.".

Corporation holds Federal airports, and Federal airport development sites, for the Commonwealth

27. Section 29 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:
"(1A) While a place owned by the Corporation is a Federal airport development site (or part of a Federal airport development site), the place is held by the Corporation for and on behalf of the Commonwealth.";
(b) by inserting in subsection (2) "or (1A)" after "(1)".

Transfer of assets

28. Section 32 of the Principal Act is amended:

(a) by inserting after subsection (2) the following subsection:

"(2A) If:

(a) a place or places become a Federal airport development site because of a declaration under subsection 26A(1) or paragraph 26B(1)(a); and
(b) immediately before the place or places became a Federal airport development site, a building, fixture or other asset was owned by the Commonwealth and was used at, or in relation to, the place or places;

the Minister may cause the building, fixture or asset to be transferred to the Corporation.";

(b) by omitting from subsection (3) "or (2)" and substituting ", (2) or (2A)";
(c) by omitting from subsection (4) "or (2)" and substituting ", (2) or (2A)".

Exemption from taxation

29. Section 45 of the Principal Act is amended by inserting after subsection (1AA) the following subsection:

"(1AB) The Corporation is not a public authority for the purposes of paragraph 23(d) of the Income Tax Assessment Act 1936".

Annual report

30. Section 65 is amended by inserting after paragraph (2)(c) the following word and paragraph:

"; and (d) a summary of:

(i) income earned by the Corporation from each Federal airport development site; and
(ii) the expenditure of money by the Corporation in relation to each Federal airport development site; and
(iii) any other financial transactions by the Corporation in relation to each Federal airport development site.".

PART 6—AMENDMENTS OF THE NAVIGATION ACT 1912

Principal Act

31. In this Part, "Principal Act" means the Navigation Act 19125.

Application of Act

32. Section 2 of the Principal Act is amended:

(a) by inserting after paragraph (1)(b) the following paragraph:
"(ba) a fishing fleet support vessel proceeding on a voyage other than an overseas voyage;";
(b) by adding at the end the following subsection:
"(4) A ship's voyage is to be taken not to be an overseas voyage for the purposes of this Act if the voyage:
(a) commences in a port in an external Territory; and
(b) ends at a port in that Territory.".

Interpretation

33. Section 6 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of "fishing vessel" and substituting the following definitions:

" 'fishing fleet support vessel' means:

(a) a ship that is used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels; or
(b) a ship that:
(i) is not a ship to which paragraph (a) applies; and
(ii) is being used in support of the fishing operations of an Australian fishing vessel or vessels; and
(iii) is not covered by a declaration under subsection (1C); or
(c) a ship that:
(i) is in the course of construction; and

(ii) is intended to be used wholly or primarily in activities in support of the fishing operations of an Australian fishing vessel or vessels;

but does not include:

(d) a Commonwealth ship; or
(e) an inland waterways vessel;

Note: for 'in support of fishing operations' see subsection (1B).

'fishing operations' means:

(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and
(b) the processing or carrying of the fish that are taken, caught or captured;

'fishing vessel' means:

(a) a ship that is used wholly or principally for fishing operations; or
(b) a ship that:
(i) is in the course of construction; and
(ii) is intended to be used wholly or principally for fishing operations;

but does not include:

(c) a Commonwealth ship; or
(d) an inland waterways vessel;".
(b) by inserting ", a fishing fleet support vessel" after "a fishing vessel" in the definition of "trading ship" in subsection (1);
(c) by inserting after subsection (1A) the following subsections:
"(1B) For the purposes of this Act, activities in support of the fishing operations of a fishing vessel include:
(a) the storage and transport of fish taken, caught or captured by the fishing vessel; and
(b) the provision of food, fuel and other supplies to the fishing vessel while it is engaged in fishing operations; and
(c) the transport of crew members to and from the fishing vessel while it is engaged in fishing operations.
"(1C) The Authority may declare, in writing, that a class of ships specified in the declaration are not to be taken to be fishing fleet support vessels under paragraph (b) of the definition of 'fishing fleet support vessel' in subsection (1).".

34. After section 8AA of the Principal Act, the following section is inserted:

Declarations that Act applies in relation to fishing fleet support vessels on inter-state or intra-state voyages

"8AB.(1) Despite section 2, the Minister may declare in writing that this Act applies to a fishing fleet support vessel proceeding on a voyage that is not an overseas voyage.

"(2) If a declaration under subsection (1) is in force in relation to a fishing fleet support vessel, the ship is taken not to be a ship referred to in paragraph 2(1)(ba).".

Regulations with respect to qualifications of masters, officers, seamen and pilots

35. Section 15 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

"(1A) The regulations may:

(a) specify:
(i) standards of competence to be attained; and
(ii) other conditions to be satisfied; or
(b) specify conditions to be satisfied;
by a person in order to be licensed as a pilot for the purposes of the Great Barrier Reef Marine Park Act 1975.";
(b) by omitting paragraph (2)(a) and substituting the following paragraph:
"(a) the manner in which:
(i) the attainment of a standard; or
(ii) the satisfaction of a condition;
is to be evidenced, and, in particular:
(iii) the obtaining of certificates and other documents to be held by masters, officers and seamen as evidence that they are qualified masters, officers or seamen of particular designations for the purposes of this Act; and
(iv) the obtaining of certificates and other documents to be held by pilots as evidence that they are licensed for the purposes of the Great Barrier Reef Marine Park Act 1975;";
(c) by omitting from paragraph (2)(d) "and seamen" and substituting ", seamen and pilots";
(d) by omitting from paragraph (2)(e) "and seamen" and substituting ", seamen and pilots".

Alterations etc. of ships and cancellation of certificates

36. Section 190A of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

"(1) If:

(a) a certificate has been issued under Division 2 or Division 2B in respect of a ship; and
(b) the ship's hull, equipment or machinery, or part of the ship's hull, equipment or machinery:
(i) is altered, replaced or damaged so that the ship's seaworthiness or efficiency is affected; or
(ii) becomes inefficient for some other reason;

written notice of the alteration, replacement, damage or inefficiency must forthwith be given to the person prescribed in the form prescribed.

"(1A) If:

(a) a notice is required to be given under subsection (1); and
(b) such notice is not given;

the master and the owner of the ship are each guilty of an offence in respect of each day during which the notice is not given (including the day on which the person is convicted under this subsection or any subsequent day).

Penalty: $1,000.".

Offences with respect to subdivision load line marks

37. Section 191B of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

"(1) If a ship (other than a Safety Convention ship):

(a) has been marked in accordance with the regulations or orders with subdivision load lines; and
(b) without reasonable cause the ship is not kept so marked;

the owner and the master of the ship are each guilty of an offence in respect of each day during which the ship is not kept so marked (including the day on which the person is convicted under this subsection, or any subsequent day).

Penalty: $2,000.".

Commencement of repeal of Part IX

38. Subsection 45(1) of the Transport and Communications Legislation Amendment Act (No. 2) 1989 is taken to have commenced on 3 September 1990.

PART 8—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1991

Principal Act

39. In this Part, "Principal Act" means the Telecommunications Act 19916.

Objects

40. Section 136 of the Principal Act is amended by omitting subparagraphs (2)(b)(i) and (ii) and substituting the following subparagraphs:

"(i) to interconnect its facilities to telecommunications networks of other carriers; and
(ia) to have other carriers supply telecommunications services to it for the purposes of its supply of telecommunications services; and
(ii) to obtain access to other services supplied by other carriers;".

41. Section 137 of the Principal Act is repealed and the following section is substituted:

Carrier's rights to interconnection to networks of, and supply of telecommunications services by, other carriers

"137.(1) In this section:

'domestic or international service' means a telecommunications service:

(a) between distinct places within Australia; or
(b) between a place within Australia and a place outside Australia;

'network' means a telecommunications network within Australia to supply domestic or international services and, in relation to a carrier, means so much of such a network as is:

(a) operated by the carrier (even if owned or maintained by another person); or
(b) owned and maintained by the carrier (even if operated by another person); or
(c) the subject of rights of use that the carrier has under an agreement or arrangement (even if, because of an agreement or arrangement with another person, the carrier does not in fact exercise those rights itself);

'network facilities', in relation to a carrier, means facilities that the carrier operates or uses, or intends to operate or use, as part of, in, or in connection with, a network of the carrier, even if another person also operates or uses, or intends to operate or use, some or all of the facilities;

'reasonable' means reasonable having regard to section 136 and to any other relevant matter.

"(2) A carrier has the right to interconnect its network facilities to a network of any other, carrier:

(a) for the purpose of the other carrier supplying telecommunications services to the first-mentioned carrier under subsection (3); and
(b) on such reasonable terms and conditions as the carriers agree on or, failing agreement, as AUSTEL determines under section 154.

"(3) Where a carrier reasonably requests another carrier to supply telecommunications services to the requesting carrier, the other carrier must supply those telecommunications services to the requesting carrier:

(a) so far as is necessary or desirable for the purposes of the requesting carrier supplying:
(i) if the requesting carrier is both a general carrier and a mobile carrier—domestic or international services; or
(ii) if the requesting carrier is a general carrier but not a mobile carrier—domestic or international services other than public mobile telecommunications services; or
(iii) if the requesting carrier is a mobile carrier but not a general carrier—domestic or international services that are public mobile telecommunications services; and
(b) on such reasonable terms and conditions as the carriers agree on or, failing agreement, as AUSTEL determines under section 154.

"(4) Subsection (3) has effect whether or not network facilities of the requesting carrier are, or are to be, interconnected because of subsection (2) to a network of the other carrier.".

Supplementary access conditions of licences

42. Section 138 of the Principal Act is amended:

(a) by inserting in paragraph (1)(a) "in any case—" before "the grant";
(b) by omitting paragraph (1)(b) and substituting the following paragraph:
"(b) if:
(i) other carriers supply telecommunications services by means of facilities interconnected to telecommunications networks of the holder; or
(ii) the holder supplies telecommunications services to other carriers for the purposes of the other carriers supplying telecommunications services;
the supply by the holder, to the other carriers, of specified goods or services in connection with matters associated with, or incidental to, the supply by the other carriers of:

(iii) the services referred to in subparagraph (i); or
(iv) the services last referred to in subparagraph (ii); as the case may be.";
(c) by inserting after subsection (1) the following subsection:
"(1A) Examples of matters of a kind referred to in paragraph (1)(b) are:
(a) customer billing and operator assistance (including directory assistance); and
(b) published directories of telecommunications services.";
(d) by inserting in subsection (2) "reasonable" before "terms and conditions".

Minister may determine principles to govern charging for access

43. Section 140 of the Principal Act is amended by omitting paragraphs (1)(b) and (c) and substituting the following paragraphs:

"(b) the supply of telecommunications services to the first-mentioned carrier by the other carrier under subsection 137(3); or
(c) the supply of facilities for the purposes of such interconnection, or in connection with the supply of services as mentioned in paragraph (b) of this subsection; or".

Arbitration by AUSTEL of terms of access

44. Section 154 of the Principal Act is amended:

(a) by omitting subsection (4) and substituting the following subsection:
"(4) A determination made for the purposes of subsection 137(3) must:
(a) specify the telecommunications services concerned; and
(b) state how far it is necessary or desirable for the one carrier to supply those telecommunications services to the other carrier for the purposes of the other carrier supplying telecommunications services; and
(c) set out the terms and conditions on which the one carrier is so to supply those telecommunications services.";
(b) by omitting paragraph (5)(c) and substituting the following paragraph:
"(c) supply of facilities for the purposes of the interconnection, or in connection with the supply of the telecommunications services;";
(c) by omitting from paragraph (5)(e) "carriage," and substituting "the supply of the telecommunications services,";
(d) by inserting after paragraph (5)(e) the following paragraph:
"(ea) any other matters that it is reasonably necessary to deal with for the purposes of the interconnection, or in

connection with the supply of the telecommunications services;".

AUSTEL's way of operating

45. Section 159 of the Principal Act is amended by inserting before subparagraph (2)(c)(i) the following subparagraph:

"(ia) section 136; and".

Basic carriage service must be tariffed if supplied to a person other than a carrier

46. Section 194 of the Principal Act is amended by omitting from subsection (1) "the public generally" and substituting "a person other than a carrier".

47. At the end of the Principal Act the following sections are added:

Disallowance of regulations tabled after 14 November 1991 and before 31 December 1991

"408.(1) This section applies to regulations:

(a) made under this Act, whether before, at or after the commencement of this section; and
(b) laid before either House, or each House, of the Parliament after 14 November 1991 and before 31 December 1991.

"(2) Subject to subsection (3) of this section, the provisions of subsections 48(4), (5) and (5A) and 48B(1) and (2) of the Acts Interpretation Act 1901 apply in relation to those regulations as if each reference in those provisions to 15 sitting days were a reference to 5 sitting days.

"(3) If, after those regulations were or are laid before a House of the Parliament, that House passes a resolution approving those regulations, the provisions of subsections 48(4), (5) and (5A) and 48B(1) and (2) of the Acts Interpretation Act 1901 cease to apply in relation to those regulations in relation to that House.

"(4) Except as provided in subsections (2) and (3) of this section, the application of sections 48, 48A, 48B and 49 of the Acts Interpretation Act 1901 in relation to those regulations is not affected.

Disallowance of instruments tabled after 14 November 1991 and before 31 December 1991

"409.(1) This section applies to an instrument that:

(a) was or is made under this Act, whether before, at or after the commencement of this section; and
(b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901; and

(c) was or is laid before either House, or each House, of the Parliament after 14 November 1991 and before 31 December 1991.

"(2) Subject to subsection (3) of this section, the provisions of subsections 48(4), (5) and (5A) and 48B(1) and (2) of the Acts Interpretation Act 1901, as applying in relation to the instrument because of section 46A of that Act, so apply as if each reference in those provisions to 15 sitting days were a reference to 5 sitting days.

"(3) If, after the instrument was or is laid before a House of the Parliament, that House passes a resolution approving the instrument, the provisions of subsections 48(4), (5) and (5A) and 48B(1) and (2) of the Acts Interpretation Act 1901, as applying in relation to the instrument because of section 46A of that Act, cease to apply in relation to the instrument in relation to that House.

"(4) Except as provided in subsections (2) and (3) of this section, the application of sections 48, 48A, 48B and 49 of the Acts Interpretation Act 1901 in relation to the instrument because of section 46A of that Act is not affected.".

PART 9—AMENDMENTS OF THE TRADE PRACTICES ACT 1974

Principal Act

48. In this Part, "Principal Act" means the Trade Practices Act 19747.

Interpretation

49. Section 10.02 of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'freight rate charges', in relation to a conference agreement, means those parts of the conference agreement that specify freight rates (including base freight rates, surcharges, rebates and allowances) for outwards liner cargo shipping services;".

50. After section 10.17 of the Principal Act the following section is inserted:

Exemptions from section 45 for conference agreements to the extent that they specify freight rates

"10.17A.(1) Section 45 does not apply to the making of the freight rate charges in a conference agreement.

"(2) Section 45 does not apply to conduct engaged in by a party to a conference agreement so far as the conduct gives effect to the freight rate charges in the agreement.".

51. After section 10.18 of the Principal Act the following section is inserted:

Exemptions from section 47 for conference agreements to the extent that they specify freight rates

"10.18A.(1) Section 47 does not apply to conduct engaged in by a party to a conference agreement so far as the conduct gives effect to the freight rate charges in the agreement.

"(2) The exemption provided by subsection (1) does not apply in relation to subsections 47(6) and (7).".

Copy of agreement to be filed with application etc.

52. Section 10.27 of the Principal Act is amended:

(a) by omitting from subsection (1) "An" and substituting "Subject to subsections (1A) and (1B), an";
(b) by inserting after subsection (1) the following subsections:
"(1A) The copy of the agreement referred to in paragraph (1)(a) need not include the freight rate charges in the agreement.
"(1B) The written memorandum referred to in paragraph (1)(b) need not include the freight rate charges in the agreement.".

Copy of agreement to be filed with application etc.

53. Section 10.32 of the Principal Act is amended:

(a) by omitting from subsection (1) "An" and substituting "Subject to subsections (1A) and (1B), an";
(b) by inserting after subsection (1) the following subsections:
"(1A) The copy of the agreement referred to in paragraph (1)(a) need not include the freight rate charges in the agreement.
"(1B) The written memorandum referred to in paragraph (1)(b) need not include the freight rate charges in the agreement.".

Application also to be made for registration of varying conference agreements

54. Section 10.39 of the Principal Act is amended:

(a) by omitting "If" and substituting "Subject to subsection (2), if";
(b) by adding at the end the following subsection:
"(2) Subsection (1) does not apply if the conference agreement referred to in paragraph (1)(b) consists solely of freight rate charges.".

Application to be made for registration of varying conference agreements

55. Section 10.42 of the Principal Act is amended:

(a) by omitting from subsection (1) "Where" and substituting "Subject to subsection (3), where";
(b) by inserting after subsection (2) the following subsection:
"(3) Subsection (1) does not apply to a conference agreement that consists solely of freight rate charges.".

PART 10—OTHER AMENDMENTS

Other amendments

56. The Acts specified in the Schedule are amended as set out in the Schedule.

__________

SCHEDULE Section 56

OTHER AMENDMENTS OF ACTS

Australian Maritime Safety Authority Act 1990

Subsection 48(1):

Omit "Protection of the Sea (Levy) Act 1983", substitute "Protection of the Sea (Shipping Levy) Act 1981".

Federal Airports Corporation Act 1986

Paragraph 6(c):

Omit the paragraph, substitute:

"(c) other functions that:

(i) relate to airports or Federal airport development sites; and
(ii) are not specified in subsection 8(2); and
(iii) are declared by the regulations to be functions of the Corporation.".

After paragraph 7(2)(d):

Insert:

"(da) ensures that if:

(i) land at a Federal airport development site is to be used for a purpose that is not directly related to aviation; and
(ii) a lease, licence or authority in respect of the land is granted to a person other than the Commonwealth;
the use of the land for that purpose would be allowed by the law of the relevant State or Territory if the land were not in a Federal airport development site;".

After paragraph 7(2)(e):

Insert:

"(ea) ensures that if:

(i) a building is to be erected on land at a Federal airport development site; and
(ii) the building is to be erected for a purpose that is not directly related to aviation; and
(iii) a lease, licence or authority has been granted in respect of the land to a person other than the Commonwealth;
the design and construction of the building would be allowed by the law of the relevant State or Territory if the land were not in a Federal airport development site;".

SCHEDULE—continued

At the end of section 7:

Add:

"(5) A reference in paragraph (2)(da) or (ea) to a law of a State or Territory includes a reference to laws made by a relevant local government body.".

After subsection 8(1):

Insert:

"(1A) The functions of the Corporation referred to in paragraph 6(aa) extend to:

(a) carrying on commercial activities at, or in relation to, Federal airport development sites (including carrying on such activities in co-operation with, or as joint ventures with, other persons); and
(b) providing, or arranging the provision of, facilities and services at, or in relation to, Federal airport development sites; and
(c) disposing of, or otherwise dealing with, land that was previously a Federal airport development site or a part of one; and
(d) co-operating with, and providing assistance to, the Department in relation to matters dealt with by the Department in respect of Federal airport development sites; and
(e) co-operating with, and providing assistance to, the Civil Aviation Authority in relation to matters dealt with by the Authority in respect of Federal airport development sites.".

Paragraph 9(2)(b):

Insert "or Federal airport development site" after "Federal airport" (first occurring).

Subparagraph 9(2)(b)(iv):

Omit "Federal airport", substitute "airport or development site".

Subparagraph 9(2)(c)(i):

Insert "or Federal airport development site" after "Federal airport".

Subparagraph 9(2)(c)(ii):

(a) Insert "or Federal airport development site" after "Federal airport" (first occurring).
(b) Omit "a Federal airport" (second occurring), substitute "the airport or development site".

SCHEDULE— continued

Paragraph 9(2)(ca):

Insert "or Federal airport development site" after "Federal airport".

After paragraph 9(2)(f):

Insert:

"(fa) to construct, or arrange for the construction of, buildings on or facilities at Federal airport development sites;".

Subsection 27A(1):

Insert ", 26A, 26B" after "section 25, 26".

Subparagraph 33(b)(ii):

Omit "or 26(1)", substitute ", 26(1), 26A(1) or 26B(1)".

Subsection 35(1):

Omit "or a Schedule airport", substitute ", a Schedule airport or a Federal airport development site".

Paragraph 39(1)(ea):

Insert ", 26A, 26B" after "26".

Paragraph 41(5)(b):

Insert "or Federal airport development site" after "Federal airport".

Paragraph 41(5)(c):

Insert "or Federal airport development site" after "Federal airport".

After paragraph 43(2)(d):

Insert:

"(da) where a place becomes, or places become, a Federal airport development site because of a declaration under subsection 26A(1) or paragraph 26B(1)(a), must, as soon as practicable after the day (in this paragraph called the 'declaration day') on which the declaration had effect, determine:
(i) the value, on the declaration day, of the land, buildings, installations and equipment owned by the Commonwealth at the place or places; and
(ii) the amount that should be taken to be the amount of a loan (if any) by the Commonwealth to the Corporation in respect of the assets referred to in subparagraph (i); and
(iii) the amount of the liabilities in relation to accrued staff entitlements (including long service leave and annual

SCHEDULE— continued

leave) transferred by the Commonwealth to the Corporation in relation to the place or places;".

Paragraph 43(2)(e):

Omit "or (d)", substitute ", (d) or (da)".

Paragraph 43(2)(f):

Omit "or (d)", substitute ", (d) or (da)".

Subparagraph 43(2)(f)(ii):

Omit "or (d)(ii)", substitute ", (d)(ii) or (da)(ii)".

Subsection 43(3):

Insert ", (da)(ii)," after "(d)(ii)".

Paragraph 44(1)(a):

Insert ", (da)(i)" after "(d)(i)".

Paragraph 44(1)(d):

Insert "or (da)(ii) and (iii)" after "(d)(ii) and (iii)".

Paragraph 44(1)(e):

Insert ", (da)(i)" after "(d)(i)".

Paragraph 46(4)(a):

Insert ", (ea)" after "(e)".

Subsection 65(2):

Add at the end:

"; and (d) details of the progress in the establishment of an airport at each Federal airport development site.".

Subsection 70(1):

Insert "or a Federal airport development site" after "Federal airport".

Paragraph 72(1)(f):