Commonwealth Consolidated Acts

TELSTRA CORPORATION ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   3A.     Merging entities; merged entity; merger day  
   3B.     Telstra body  
   4.      Operating under a name  
   5.      Subsidiaries  
   6.      Extension of Act to external Territories  
   6A.     Application of the Criminal Code  
   7.      Act binds the Crown  

   PART 2--COMMONWEALTH--OWNERSHIP OF TELSTRA

           Division 1--Simplified outline

   8AA.    Simplified outline  

           Division 4--Provisions relating to the sale by the Commonwealth of its shares in Telstra

   8AJ.    Telstra sale scheme  
   8AJA.   Sale - scheme hybrid securities  
   8AK.    Exemption from stamp duty--transfer by the Commonwealth of its shares in Telstra etc.  
   8AKA.   Authorisation of borrowing--issue of sale - scheme hybrid securities  
   8AQ.    Assistance given by Telstra or the Board in connection with a Telstra sale scheme  
   8AR.    Giving of assistance--ancillary provisions  
   8AT.    Commonwealth to be bound by Chapters 6CA, 6D and 7 of the Corporations Act  
   8AU.    Alterations of Telstra's constitution before the minority - interest sale time  
   8AUA.   Alteration of Telstra's constitution after the minority - interest sale time  
   8AV.    Reduction of Telstra's share capital  

           Division 5--Miscellaneous

   8AW.    Use by the Commonwealth of information obtained from Telstra or the Board  
   8AX.    Agreements relating to the protection of information obtained from Telstra or the Board  
   8AY.    Telstra's obligations to disclose information  
   8AYB.   Telstra to give information to the Minister about the level of non - Commonwealth ownership of shares in Telstra  
   8AYC.   Application of the Ombudsman Act 1976 to Telstra  
   8AYD.   Controlling interest in Telstra  
   8AZ.    Rights of Telstra's shareholders, debenture holders and creditors to be subject to this Act  
   8BA.    Compensation--constitutional safety net  
   8BB.    Delegation  
   8BC.    Provision to attract the corporations power and the communications power  

   PART 2A--RESTRICTIONS--ON OWNERSHIP OF TELSTRA SUCCESSOR COMPANIES

           Division 1--Simplified outline

   8BD.    Simplified outline  

           Division 2--Definitions in Schedule

   8BE.    Definitions in Schedule  

           Division 3--Extra-territorial operation

   8BF.    Extra - territorial operation  

           Division 4--Limit on foreign ownership

   8BG.    Meaning of unacceptable foreign - ownership situation  
   8BH.    Acquisitions of shares  
   8BI.    Compliance by Telstra successor companies  
   8BJ.    Remedial orders  

           Division 6--Anti-avoidance

   8BM.    Anti - avoidance  

           Division 7--Record-keeping and giving of information

   8BN.    Record - keeping and giving of information  
   8BO.    Incorrect records  

           Division 8--Head office, base of operations and place of incorporation of a Telstra successor company

   8BQ.    Head office to be in Australia  
   8BR.    Base of operations to be in Australia  
   8BS.    Telstra successor companies to remain incorporated in Australia  

           Division 9--Citizenship of Chairperson and directors of Telstra successor companies

   8BT.    Chairperson must be an Australian citizen  
   8BU.    Majority of directors must be Australian citizens  
   8BUA.   At least 2 directors must have knowledge of, or experience in, the communications needs of regional, rural or remote areas  

           Division 10--Miscellaneous

   8BW.    Concurrent operation of State/Territory laws  
   8BX.    Validity of acts done in contravention of this Part  
   8BY.    Winding - up of Telstra successor companies not prevented by this Act  
   8BZ.    Acquisition of property  
   8CA.    Review of decisions by Administrative Review Tribunal  
   8CB.    Delegation  
   8CC.    Provision to attract the corporations power and the communications power  

   PART 2AA--ANTI---AVOIDANCE

   8CCA.   Anti - avoidance  

   PART 2B--REMEDIAL--PROVISIONS

           Division 1--Injunctions

   8CD.    Injunctions  
   8CE.    Interim injunctions  
   8CF.    Discharge etc. of injunctions  
   8CG.    Certain limits on granting injunctions not to apply  
   8CH.    Other powers of the court unaffected  

           Division 2--Prosecutions

   8CI.    Prosecutions of corporations  
   8CJ.    Prosecutions of persons other than corporations  
   8CK.    Service of summons or process on foreign corporations--criminal proceedings  
   8CL.    Indictable offences  

   PART 2C--RE---AFFIRMATION OF THE UNIVERSAL SERVICE OBLIGATION AND THE CUSTOMER SERVICE GUARANTEE

   8CM.    Re - affirmation of universal service obligation  
   8CN.    Re - affirmation of the customer service guarantee  

   PART 3A--TRANSITIONAL--PROVISIONS RELATING TO THE SALE BY THE COMMONWEALTH OF ITS REMAINING EQUITY INTEREST IN TELSTRA

           Division 1--Long service leave

   9A.     Interpretation  
   9B.     Long service leave for employees with less than 10 years service  
   9C.     Payments in lieu of long service leave for employees with less than 10 years service  
   9D.     Payments on the death of an employee  
   9E.     Employee's long service leave credit for the purposes of sections 9B and 9C  
   9F.     Division not to affect an employee's post - sale long service leave rights  
   9G.     Saving--Long Service Leave Act  

           Division 2--Operation of the Safety, Rehabilitation and Compensation Act 1988

   9H.     Operation of section 128A of the SRC Act  

           Division 3--Retirement benefits

   9J.     Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973  
   9K.     Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973  
   9L.     Application of the Superannuation Act 1976  

           Division 4--Other transitional and saving provisions

   9M.     Telstra employees not on maternity leave immediately before the designated day  
   9N.     Telstra employees on maternity leave on the designated day  
   9P.     Saving-- Crimes (Superannuation Benefits) Act 1989  
   9Q.     Saving-- Director of Public Prosecutions Act 1983  
   9R.     Refund of part of fee paid under section 104A of the SRC Act  

   PART 4--TELSTRA--TO BE SUCCESSOR OF TELECOM AND OTC

   10.     Extra - territorial operation of Part  
   11.     Vesting of property, rights and liabilities  
   12.     Determination of Telstra's initial capital  
   13.     Merger fee not to be charged  

   PART 5--USE--OF CERTAIN NAMES

   14.     Protected body may operate under protected business name  
   15.     Other persons not to use protected names  
   16.     Exceptions for pre - existing rights  
   17.     Use of other names by protected bodies  
   18.     Effect on State and Territory laws  

   PART 7--APPLICATION--OF LAWS TO TELSTRA

           Division 1--General

   26.     Telstra not public authority etc.  
   27.     Exemption from taxes and charges  
   28.     Merged entity taken to be the same body, for tax purposes, as merging entities  

           Division 2--Application of Commonwealth laws

   29.     General application of Commonwealth laws  
   30.     Lands Acquisition Act  
   31.     Public Works Committee Act  
   32.     Corporations Act  

           Division 3--Application of State and Territory Laws

   33.     Laws relating to buildings, structures and facilities  
   34.     Environment protection laws  

   PART 8--MISCELLANEOUS

   35.     Certain instruments to continue in force  
   36.     Audit  
   37.     Pending proceedings  
   38.     Registration of interests in land  
   39.     Transfer to Telstra of employees of former corporation  
   40.     Judicial notice of seals  
   41.     Compensation for acquisition of property  
   42.     Regulations  
           SCHEDULE Ownership definitions