Overseas Telecommunications Act (No. 2) 1968

Legislation au C1968A00139 Not in force Act

Legislation content

Overseas Telecommunications (No. 2)

No. 139 of 1968

An Act relating to Overseas Telecommunications Services.

[Assented to 9 December 1968]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Overseas Telecommunications Act (No. 2) 1968.

(2.) The Overseas Telecommunications Act 1946–1966, as amended by the Overseas Telecommunications Act 1968, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Overseas Telecommunications Act 1968 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Overseas Telecommunications Act 1946–1968.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.


Repeal of Preamble.

3. The Preamble to the Principal Act is repealed.

Parts.

4. Section 3 of the Principal Act is amended by omitting the words and figures—

“Division 1.—Establishment and Constitution of the Overseas Telecommunications Commission (Australia) (Sections 7–17).”

and inserting in their stead the words and figures—

“Division 1.—Establishment and Constitution of the Overseas Telecommunications Commission (Australia) (Sections 8–17).”.

Definitions.

5. Section 5 of the Principal Act is amended by omitting the definition of “the Agreement”.

Repeal of sections 7 and 7a.

6. Sections 7 and 7a of the Principal Act are repealed.

Appointment of officers.

7. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (4.) the words “paragraph (d) of the last preceding sub-section” and inserting in their stead the words “this section”;

(b) by adding at the end of sub-section (5a.) the words “or appoint to any other position a person who has not passed the appropriate entrance examination but. in the opinion of the Commission, has qualifications appropriate to the position”; and

(c) by omitting from sub-section (5b.) the word “Appointments” and inserting in its stead the words “Subject to the last preceding sub-section, appointments”.

General functions and duties of Commission.

8. Section 34 of the Principal Act is amended—

(a) by adding at the end of paragraph (d) the word “and”;

(b) by omitting from paragraph (e) the word “and” (last occurring); and

(c) by omitting paragraph (f).

Commission’s powers exercisable outside Australia.

9. Section 34a of the Principal Act is amended by omitting from paragraph (b) the words “established under the Agreement or under any other agreement” and inserting in their stead the words “established under any agreement”.

10. Section 36 of the Principal Act is repealed and the following section inserted in its stead:—

Duty of Commission in relation to financial arrangements in connexion with overseas tele-communication services.

“36. The Commission shall do all things necessary on its part to be done to give effect to any agreement entered into by the Commonwealth of Australia with respect to financial, arrangements in connexion with overseas telecommunications services.”.


Application of net profits.

11. Section 48 of the Principal Act is amended by omitting the words “of the agreement entered into in pursuance of clause six of the Agreement” and inserting in their stead the words “of any agreement entered into by the Commonwealth of Australia with respect to financial arrangements in connexion with overseas telecommunications services.”.

Alterations in rates, services, &c.

12. Section 75 of the Principal Act is amended—

(a) by omitting sub-section (1.);

(b) by omitting from sub-section (2.) the words “Without affecting the generality of the last preceding sub-section, the Commission shall consult the Commonwealth Telecommunications Board so established” and inserting in their stead the words “The Commission shall consult the body known as the Commonwealth Telecommunications Council”; and

(c) by omitting paragraphs (c), (d) and (e) of sub-section (2.) and inserting in their stead the following paragraphs:—

“(c) discontinuing any overseas telecommunications service;

(d) instituting any new overseas telecommunications service;

(e) making any substantial addition, extension or alteration to any portion of the telecommunications system operated by the Commission which forms, or might form, part of the Commonwealth network;”.

Repeal of Schedules.

13. The Schedules to the Principal Act are repealed.

 

Overview

The Overseas Telecommunications Act (No. 2) 1968 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to address specific issues arising from the regulation and management of overseas telecommunications services. This Act amends the Overseas Telecommunications Act 1946–1968, which previously governed these services, to refine the operational framework of the Overseas Telecommunications Commission (Australia). The primary aim of this legislation is to enhance the efficiency and flexibility of the Commission in managing financial agreements and making decisions about telecommunications services. The Act streamlines the Commission’s functions and powers, ensuring they are better equipped to handle modern telecommunications challenges while maintaining effective oversight and regulation of overseas services.

Scope and Application

The Overseas Telecommunications Act (No. 2) 1968 applies to the Overseas Telecommunications Commission (Australia) and pertains to the provision and regulation of overseas telecommunications services. This Act primarily concerns the functions and duties of the Commission, including the management of financial arrangements in relation to these services. The Act extends to any telecommunications services that involve communication outside Australia and may involve agreements with foreign entities or governments. However, the Act does not explicitly outline exclusions or exemptions, leaving interpretation to the Commission or relevant courts. The scope of the Act may be extended or clarified through subordinate instruments, such as regulations or orders made by the Governor-General under the authority of the Act. The Act operates within the Commonwealth jurisdiction and aims to ensure that the Commission effectively manages and oversees overseas telecommunications services on behalf of the Commonwealth.

Key Provisions

The Overseas Telecommunications Act (No. 2) 1968 amends and updates the existing Overseas Telecommunications Act 1946–1968, with the latter now being referred to as the Principal Act. The new Act introduces several amendments to the Principal Act, including the amendment of sections concerning the Overseas Telecommunications Commission's (OTC) appointment of officers and the functions and duties of the Commission. The Act also modifies the Commission's powers, financial arrangements, and application of net profits related to overseas telecommunications services. The Act imposes specific obligations on the Overseas Telecommunications Commission. Firstly, it mandates the Commission to consult the Commonwealth Telecommunications Council when discontinuing any overseas telecommunications service, instituting new services, or making substantial additions, extensions, or alterations to the telecommunications system. Furthermore, the Act requires the Commission to do all necessary things on its part to give effect to any agreement entered into by the Commonwealth of Australia regarding financial arrangements in connection with overseas telecommunications services. The application of net profits is also adjusted to align with any agreements entered into by the Commonwealth regarding financial arrangements in this context. For breaches of the provisions outlined in the Act, specific penalties and consequences may apply. The Act does not explicitly state penalties within the provided text; however, under Australian law, breaches of legislative provisions can result in both civil and criminal penalties. Civil penalties may include fines and other financial penalties, while criminal penalties can involve imprisonment, depending on the severity and nature of the breach. The exact penalties would depend on the specific breach and the relevant provisions of the Act or other applicable laws.

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Telecommunications Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.