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TELECOMMUNICATIONS ACT 1997 - SECT 581M

Notification of transfer of telecommunications business

  (1)   If:

  (a)   after the commencement of Schedule   2 to the Telstra Corporation and Other Legislation Amendment Act 2021 , a Telstra successor company or a designated Telstra successor company transfers the whole or a part of a telecommunications business; and

  (b)   the transfer is not covered by a declaration under subsection   (2); and

  (c)   the telecommunications business is not covered by a declaration under subsection   (3); and

  (d)   the conditions (if any) declared under subsection   (4) have been satisfied; and

  (e)   a declaration is in force under subsection   (5);

the company must:

  (f)   notify the ACMA in writing of the transfer; and

  (g)   do so within 5 business days after the transfer.

  (2)   The Minister may, by legislative instrument, declare that a specified transfer is exempt from subsection   (1).

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

  (3)   The Minister may, by legislative instrument, declare that a specified telecommunications business is exempt from subsection   (1).

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

  (4)   The Minister may, by legislative instrument, declare one or more conditions for the purposes of paragraph   (1)(d).

  (5)   The Minister may, by legislative instrument, declare that subsection   (1) is active.

  (6)   Subsection   (1) is a civil penalty provision.

Note:   Part   31 provides for pecuniary penalties for breaches of civil penalty provisions.

  (7)   If the ACMA receives a notification under subsection   (1), the ACMA must give a copy of the notification to the Minister.



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