Commonwealth Consolidated Acts Commonwealth Consolidated ActsCompetition and Consumer Act 2010
1 Subsection 4(1)
Insert:
"designated Telstra successor company" : see section 581G of the Telecommunications Act 1997 .
2 Paragraph 151BU(4)(f)
Omit "regulation of Telstra's charges", substitute "the regulation of the charges of designated Telstra successor companies".
3 Subparagraph 151BUA(2)(b)(iv)
Omit "regulation of Telstra's charges", substitute "the regulation of the charges of designated Telstra successor companies".
4 Subparagraph 151BUB(2)(b)(iv)
Omit "regulation of Telstra's charges", substitute "the regulation of the charges of designated Telstra successor companies".
5 Subparagraph 151BUC(2)(b)(iv)
Omit "regulation of Telstra's charges", substitute "the regulation of the charges of designated Telstra successor companies".
6 Division 15 of Part XIB (heading)
After " Voluntary undertakings ", insert " originally ".
7 Before section 151CQ
Insert:
151CMD Voluntary undertakings originally given by Telstra
Scope
(1) This section applies if an undertaking is in force under section 577A of the Telecommunications Act 1997 .
Note: Section 577A of the Telecommunications Act 1997 deals with undertakings about structural separation.
Commission must have regard to the conduct of a designated Telstra successor company
(2) If a designated Telstra successor company has engaged, or is required to engage, in conduct in order to comply with the undertaking, then, in performing a function, or exercising a power, under this Part in relation to the designated Telstra successor company, the Commission must have regard to the conduct to the extent that the conduct is relevant.
8 Subsection 151CQ(1)
Omit "577A,".
9 Subsection 151CQ(1) (note 1)
Repeal the note.
10 After paragraph 152AR(4)(d)
Insert:
(da) preventing a designated Telstra successor company from complying with an undertaking in force under section 577A of the Telecommunications Act 1997 ;
11 Paragraph 152AR(4)(e)
Omit "577A,".
12 Paragraph 152AR(4)(f)
Omit "Telstra", substitute "a designated Telstra successor company".
12A Subsection 152BCB(3A)
After "If a final migration plan is in force", insert "and imposes obligations or prohibitions on a designated Telstra successor company".
13 Subsection 152BCB(3A)
Omit "Telstra", substitute "the designated Telstra successor company".
13A Section 152BCCA
After "If a final migration plan is in force", insert "and imposes obligations or prohibitions on a designated Telstra successor company".
14 Paragraphs 152BCCA(a) and (b)
Omit "Telstra", substitute "the designated Telstra successor company".
14A Subsection 152BDA(3A)
After "If a final migration plan is in force", insert "and imposes obligations or prohibitions on a designated Telstra successor company".
15 Subsection 152BDA(3A)
Omit "Telstra", substitute "the designated Telstra successor company".
15A Section 152BDCA
After "If a final migration plan is in force", insert "and imposes obligations or prohibitions on a designated Telstra successor company".
16 Paragraphs 152BDCA(a) and (b)
Omit "Telstra", substitute "the designated Telstra successor company".
17 After section 152EQ
Insert:
152EQA Voluntary undertakings originally given by Telstra
Scope
(1) This section applies if an undertaking is in force under section 577A of the Telecommunications Act 1997 .
Note: Section 577A of the Telecommunications Act 1997 deals with undertakings about structural separation.
Commission must have regard to the conduct of a designated Telstra successor company
(2) If a designated Telstra successor company has engaged, or is required to engage, in conduct in order to comply with the undertaking, then, in performing a function, or exercising a power, under this Part in relation to the designated Telstra successor company, the Commission must have regard to the conduct to the extent that the conduct is relevant.
Commission must not prevent a designated Telstra successor company from complying with the undertaking
(3) The Commission must not perform a function, or exercise a power, under this Part so as to prevent a designated Telstra successor company from complying with the undertaking.
18 Subsection 152ER(1)
Omit "577A,".
19 Subsection 152ER(1) (note 1)
Repeal the note.
Insert:
"Telstra Infraco Limited" means Telstra Infraco Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed).
"Telstra Limited" means Telstra Limited (ACN 086 174 781), as the company exists from time to time (even if its name is later changed).
21 After section 56
Insert:
56AA Deemed carrier licence--designated Telstra successor company
Scope
(1) This section applies to a body corporate if:
(a) either of the following conditions are satisfied in relation to a particular time (the relevant time ):
(i) the relevant time occurs immediately after the commencement of this section, and the body corporate is a designated Telstra successor company at the relevant time;
(ii) the relevant time occurs after the commencement of this section, and the body corporate becomes a designated Telstra successor company at the relevant time; and
(b) the body corporate does not hold a carrier licence at the relevant time; and
(c) the body corporate is a constitutional corporation at the relevant time; and
(d) the body corporate is the owner, or one of the owners, of a network unit at the relevant time; and
(e) no nominated carrier declaration is in force in relation to that network unit at the relevant time.
Deemed carrier licence
(2) The ACMA is taken to have granted a carrier licence (the deemed carrier licence ) to the body corporate under section 56 immediately after the relevant time.
Application for carrier licence
(3) The body corporate must:
(a) apply under section 52 for a carrier licence; and
(b) do so within 5 business days after the relevant time.
(4) If the body corporate fails to comply with subsection (3), the body corporate is taken, at the end of the period of 5 business days, to have applied under section 52 for a carrier licence.
(5) The application mentioned in subsection (3) or (4) is exempt from charge imposed by Part 2 of the Telecommunications (Carrier Licence Charges) Act 1997 .
(6) The ACMA must decide the application mentioned in subsection (3) or (4) as if the deemed carrier licence did not exist.
Duration of deemed carrier licence
(7) The deemed carrier licence remains in force until:
(a) the ACMA grants a carrier licence to the body corporate in response to the application mentioned in subsection (3) or (4); or
(b) if the ACMA refuses to grant a carrier licence to the body corporate in response to the application mentioned in subsection (3) or (4)--the latest of the following times:
(i) the end of the 28 - day period beginning when the body corporate is informed by the ACMA of the refusal;
(ii) if, during that 28 - day period, the body corporate applies under section 558 for the ACMA to reconsider the refusal--the end of the 28 - day period beginning when the ACMA makes its decision on reconsideration of the refusal;
(iii) if, during the 28 - day period last mentioned in subparagraph (ii), the body corporate makes an application under section 562 to the Administrative Appeals Tribunal for review of the refusal decision--the end of the 28 - day period beginning when the application is finally determined;
(iv) if, during the 28 - day period last mentioned in subparagraph (iii), the body corporate appeals to the Federal Court under section 44 of the Administrative Appeals Tribunal Act 1975 from the decision of the Administrative Appeals Tribunal on the application mentioned in subparagraph (iii)--when the appeal is determined.
Section 56A does not apply
(8) Section 56A does not apply to the deemed carrier licence.
22 After section 63
Insert:
63A Conditions of a carrier licence held by Telstra Limited
(1) Until the first occasion after the commencement of this section on which a declaration under subsection 63(2) takes effect in relation to a carrier licence held by Telstra Limited:
(a) the carrier licence is subject to the conditions set out in sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 of the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 as in force immediately before the commencement of this section; and
(b) for that purpose, a reference in those sections (and Schedule 1 to that declaration) to the licensee is to be read as a reference to Telstra Limited.
(2) Until the first occasion after the commencement of this section on which a declaration under subsection 63(2) takes effect in relation to a carrier licence held by Telstra Limited:
(a) the carrier licence is subject to the conditions set out in section 11 of the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019 ; and
(b) for that purpose, a reference in that section to the licensee is to be read as a reference to Telstra Limited.
(3) If:
(a) a carrier licence held by a particular Telstra company (the first Telstra company ) is (whether in accordance with subsection (2) of this section or otherwise) subject to a condition set out in section 11 of the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019 ; and
(b) a carrier licence held by another Telstra company is also subject to the condition (whether in accordance with subsection (2) of this section or otherwise); and
(c) the other Telstra company complies with the condition;
the first Telstra company is taken to have complied with the condition.
(4) Until the first occasion after the commencement of this section on which a declaration under subsection 63(2) takes effect in relation to a carrier licence held by Telstra Limited:
(a) the carrier licence is subject to:
(i) the conditions set out in an interim Telstra carrier licence condition declaration; and
(ii) the interim conditions set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019 ; and
(b) for that purpose, a reference in those conditions to the licensee is to be read as a reference to Telstra Limited.
(5) If:
(a) a carrier licence held by a particular Telstra company (the first Telstra company ) is (whether in accordance with subsection (4) of this section or otherwise) subject to:
(i) a condition set out in an interim Telstra carrier licence condition declaration; or
(ii) an interim condition set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019 ; and
(b) a carrier licence held by another Telstra company is also subject to the condition (whether in accordance with subsection (4) of this section or otherwise); and
(c) the other Telstra company complies with the condition;
the first Telstra company is taken to have complied with the condition.
(6) For the purposes of this section, Telstra company means:
(a) Telstra Infraco Limited; or
(b) Telstra Limited.
Note: See also section 581U (transitional--references in legislation to Telstra Infraco Limited).
(7) For the purposes of this section, interim Telstra carrier licence condition declaration means a declaration under subsection 63(2) that:
(a) relates to a carrier licence held by Telstra Infraco Limited; and
(b) came into force during the period:
(i) beginning at the start of the day on which the Bill for the Act that inserted this section was introduced into the Parliament; and
(ii) ending immediately before the commencement of this section.
Note: See also section 581U (transitional--references in legislation to Telstra Infraco Limited).
(8) For the purposes of this section, an interim condition set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019 means a condition inserted in that declaration (when the declaration was known as the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 ) during the period:
(a) beginning at the start of the day on which the Bill for the Act that inserted this section was introduced into the Parliament; and
(b) ending immediately before the commencement of this section.
23 Subsection 69(5A) (note)
After "given", insert ", or originally given,".
24 Before paragraph 69AA(4)(a)
Insert:
(aa) preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or
25 Paragraph 69AA(4)(a)
Omit "577A,".
26 Paragraph 69AA(4)(b)
Omit "Telstra", substitute "a designated Telstra successor company".
27 Subsection 70(2A) (note)
After "given", insert ", or originally given,".
28 Section 104
Omit "Telstra", substitute "a designated Telstra successor company".
29 Section 105C (heading)
Omit " Telstra ", substitute " a designated Telstra successor company ".
30 Subsection 105C(1)
Omit "Telstra", substitute "a designated Telstra successor company".
31 Subsection 285(2) (paragraph (a) of the definition of integrated public number database )
Omit "Telstra", substitute "Telstra Limited".
32 Subsection 285A(2) (paragraph (a) of the definition of integrated public number database )
Omit "Telstra", substitute "Telstra Limited".
33 Subsection 291A(3) (paragraph (a) of the definition of integrated public number database )
Omit "Telstra", substitute "Telstra Limited".
34 Subsections 472(1) and (5)
Omit "Telstra", substitute "Telstra Limited".
35 Subsection 564(3) (note 1A)
After "given", insert ", or originally given,".
36 Subsection 571(3) (note 1A)
After "given", insert ", or originally given,".
37 Part 33 (heading)
After " Voluntary undertakings ", insert " originally ".
38 Section 577 (after the paragraph beginning "Telstra may give")
Insert:
• An undertaking about structural separation applies to certain designated Telstra successor companies.
39 At the end of section 577
Add:
Note: An undertaking under section 577A about structural separation came into force on 6 March 2012.
40 At the end of section 577AB
Add:
Note: An undertaking under section 577A about structural separation came into force on 6 March 2012.
41 After section 577AC
Insert:
(1) If an undertaking is in force under section 577A, the undertaking has effect as if:
(a) each obligation imposed on Telstra by the undertaking were imposed instead on each of the following designated Telstra successor companies:
(i) Telstra Infraco Limited;
(ii) Telstra Limited;
(iii) a designated Telstra successor company specified in an instrument under subsection (2); and
(b) each prohibition applicable to Telstra under the undertaking were applicable instead to each of the following designated Telstra successor companies:
(i) Telstra Infraco Limited;
(ii) Telstra Limited;
(iii) a designated Telstra successor company specified in an instrument under subsection (2).
Note: See also section 581U (transitional--references in legislation to Telstra Infraco Limited).
(2) The Minister may, by legislative instrument, specify one or more designated Telstra successor companies for the purposes of subparagraphs (1)(a)(iii) and (b)(iii).
(3) Subsection (1) has effect subject to subsection (4).
(4) The Minister may, by legislative instrument, determine either or both of the following:
(a) that paragraph (1)(a) does not result in the imposition of one or more specified obligations on one or more specified designated Telstra successor companies;
(b) that paragraph (1)(b) does not result in one or more specified prohibitions being applicable to one or more specified designated Telstra successor companies.
577ACB Directions--facilitation of undertaking about structural separation
(1) If:
(a) an undertaking is in force under section 577A; and
(b) the Minister is satisfied that a designated Telstra successor company (the first designated Telstra successor company ) has failed, is failing, or is likely to fail, to fulfil an obligation imposed on it by the undertaking;
the Minister may give:
(c) another designated Telstra successor company; or
(d) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001 ) of the first designated Telstra successor company;
a written direction to take specified action.
(2) The Minister must not give a direction to a body corporate under subsection (1) unless:
(a) the Minister is satisfied that the action specified in the direction will assist the first designated Telstra successor company to fulfil its obligations under the undertaking; and
(b) the Minister is satisfied that the body corporate:
(i) has the capability (including the technical, operational and organisational capability) to comply with the direction; or
(ii) could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and
(c) the body corporate:
(i) is a constitutional corporation; or
(ii) carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).
Compliance with requirement
(3) A body corporate must comply with a direction under subsection (1).
Civil penalty
(4) Subsection (3) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Consultation
(5) Before giving or varying a direction under subsection (1), the Minister must:
(a) make a copy of the draft direction or variation available on the Minister's website; and
(b) publish a notice on the Minister's website:
(i) stating that the Minister has prepared the draft; and
(ii) inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.
(6) Subject to subsection (7), the period specified in the notice must run for at least 30 days after the publication of the notice.
(7) The period specified in the notice may be shorter than 30 days if the Minister is satisfied that the shorter period is necessary due to urgent circumstances.
(8) If interested persons have given comments in accordance with a notice under subsection (5), the Minister must have due regard to those comments in giving or varying the direction.
42 Section 577AD
Omit "given by Telstra".
43 Section 577AD
Omit ", Telstra must", substitute "and imposes obligations or prohibitions on a designated Telstra successor company, the designated Telstra successor company must".
44 Subsection 577B(1)
Omit "given by Telstra".
45 Subsection 577B(2)
Omit "Telstra", substitute "If the undertaking imposes obligations or prohibitions on a designated Telstra successor company, the designated Telstra successor company".
47 Subsection 577BA(2)
After "The giving by Telstra", insert ", before the commencement of section 577ACA,".
48 After subsection 577BA(2)
Insert:
(2A) The giving by a designated Telstra successor company of:
(a) a variation of an undertaking in force under section 577A; or
(b) a variation of a final migration plan;
is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010 .
49 Subsection 577BA(6)
Omit "Telstra", substitute "a designated Telstra successor company".
50 Paragraph 577BA(7)(a)
Omit "Telstra", substitute "a designated Telstra successor company".
51 Paragraph 577BA(7)(b)
Omit "Telstra" (wherever occurring), substitute "the designated Telstra successor company".
52 Paragraph 577BA(8)(a)
After "Telstra", insert "or a designated Telstra successor company".
53 Paragraphs 577BA(8)(b) and (c)
After "Telstra", insert "or the designated Telstra successor company".
54 Paragraph 577BA(8)(e)
After "Telstra", insert "or a designated Telstra successor company".
54A After paragraph 577BA(8)(f)
Insert:
and (g) conduct engaged in by a designated Telstra successor company in order to facilitate Telstra or a designated Telstra successor company giving effect to a provision of the contract, arrangement or understanding;
55 Paragraph 577BA(9)(a)
Omit "given by Telstra".
56 Paragraph 577BA(9)(b)
After "Telstra", insert "or a designated Telstra successor company".
57 Subsection 577BA(9)
After "Telstra" (last occurring), insert "or the designated Telstra successor company".
57A Paragraph 577BA(10)(c)
Omit "Telstra", substitute "a designated Telstra successor company".
58 At the end of subsection 577BE(1)
Add:
Note: A final migration plan came into force on 7 March 2012.
59 After section 577BE
Insert:
577BEA Repointing of final migration plan to certain designated Telstra successor companies
(1) If a final migration plan is in force, the final migration plan has effect as if:
(a) each obligation imposed on Telstra by the final migration plan were imposed instead on each of the following designated Telstra successor companies:
(i) Telstra Infraco Limited;
(ii) Telstra Limited;
(iii) a designated Telstra successor company specified in an instrument under subsection (2); and
(b) each prohibition applicable to Telstra under the final migration plan were applicable instead to each of the following designated Telstra successor companies:
(i) Telstra Infraco Limited;
(ii) Telstra Limited;
(iii) a designated Telstra successor company specified in an instrument under subsection (2).
Note: See also section 581U (transitional--references in legislation to Telstra Infraco Limited).
(2) The Minister may, by legislative instrument, specify one or more designated Telstra successor companies for the purposes of subparagraphs (1)(a)(iii) and (b)(iii).
(3) Subsection (1) has effect subject to subsection (4).
(4) The Minister may, by legislative instrument, determine either or both of the following:
(a) that paragraph (1)(a) does not result in the imposition of one or more specified obligations on one or more specified designated Telstra successor companies;
(b) that paragraph (1)(b) does not result in one or more specified prohibitions being applicable to one or more specified designated Telstra successor companies.
577BEB Directions--facilitation of final migration plan
(1) If:
(a) a final migration plan is in force; and
(b) the Minister is satisfied that a designated Telstra successor company (the first designated Telstra successor company ) has failed, is failing, or is likely to fail, to fulfil an obligation imposed on it by the plan;
the Minister may give:
(c) another designated Telstra successor company; or
(d) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001 ) of the first designated Telstra successor company;
a written direction to take specified action.
(2) The Minister must not give a direction to a body corporate under subsection (1) unless:
(a) the Minister is satisfied that the action specified in the direction will assist the first designated Telstra successor company to fulfil its obligations under the final migration plan; and
(b) the Minister is satisfied that the body corporate:
(i) has the capability (including the technical, operational and organisational capability) to comply with the direction; or
(ii) could reasonably acquire the capability (including the technical, operational and organisational capability) to comply with the direction; and
(c) the body corporate:
(i) is a constitutional corporation; or
(ii) carries on a telecommunications business covered by paragraph 581L(1)(a), (b) or (c).
Compliance with requirement
(3) A body corporate must comply with a direction under subsection (1).
Civil penalty
(4) Subsection (3) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Consultation
(5) Before giving or varying a direction under subsection (1), the Minister must:
(a) make a copy of the draft direction or variation available on the Minister's website; and
(b) publish a notice on the Minister's website:
(i) stating that the Minister has prepared the draft; and
(ii) inviting interested persons to give written comments about the draft to the Minister within the period specified in the notice.
(6) Subject to subsection (7), the period specified in the notice must run for at least 30 days after the publication of the notice.
(7) The period specified in the notice may be shorter than 30 days if the Minister is satisfied that the shorter period is necessary due to urgent circumstances.
(8) If interested persons have given comments in accordance with a notice under subsection (5), the Minister must have due regard to those comments in giving or varying the direction.
60 Subsection 577BF(2)
Omit "Telstra", substitute "If the final migration plan imposes obligations or prohibitions on a designated Telstra successor company, the designated Telstra successor company".
61 Before section 577G
Insert:
577FA Enforcement of undertakings in force under section 577A
(1) If:
(a) an undertaking is in force under section 577A; and
(b) the ACCC considers that a designated Telstra successor company has breached the undertaking;
the ACCC may apply to the Federal Court for an order under subsection (2).
(2) If the Federal Court is satisfied that the designated Telstra successor company has breached the undertaking, the Court may make any or all of the following orders:
(a) an order directing the designated Telstra successor company to comply with the undertaking;
(b) an order directing the disposal of network units, shares or other assets;
(c) an order restraining the exercise of any rights attached to shares;
(d) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the designated Telstra successor company;
(e) an order that any exercise of rights attached to shares be disregarded;
(f) an order directing the designated Telstra successor company to pay to the Commonwealth an amount up to the amount of any financial benefit that the designated Telstra successor company has obtained directly or indirectly and that is reasonably attributable to the breach;
(g) any order that the Court considers appropriate directing the designated Telstra successor company to compensate any other person who has suffered loss or damage as a result of the breach;
(h) any other order that the Court considers appropriate.
(3) In addition to the Federal Court's powers under subsection (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.
(4) 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.
(5) 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.
62 Section 577G (heading)
After " Enforcement of undertakings ", insert " in force under section 577C or 577E ".
63 Paragraph 577G(1)(a)
Omit "577A,".
64 Before subsection 577M(1)
Insert:
(1A) For the purposes of this Part, an associate of a designated Telstra successor company in relation to control of:
(a) a telecommunications network; or
(b) a company;
is:
(c) a partner of the designated Telstra successor company; or
(d) if the designated Telstra successor company or another person who is an associate of the designated Telstra successor company under another paragraph receives benefits or is capable of benefiting under a trust--the trustee of the trust; or
(e) a person (whether a company or not) who:
(i) acts, or is accustomed to act; or
(ii) under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act;
in accordance with the directions, instructions or wishes of, or in concert with:
(iii) the designated Telstra successor company; or
(iv) the designated Telstra successor company and another person who is an associate of the designated Telstra successor company under another paragraph; or
(f) another company if:
(i) the other company is a related body corporate of the designated Telstra successor company for the purposes of the Corporations Act 2001 ; or
(ii) the designated Telstra successor company, or the designated Telstra successor company and another person who is an associate of the designated Telstra successor company under another paragraph, are in a position to exercise control of the other company.
65 Section 577Q (heading)
After " When Telstra ", insert " or a designated Telstra successor company ".
66 Before subsection 577Q(1)
Insert:
(1A) For the purposes of this Part, a designated Telstra successor company is in a position to exercise control of:
(a) a hybrid fibre - coaxial network; or
(b) another telecommunications network;
if:
(c) the designated Telstra successor company legally or beneficially owns the network (whether alone or together with one or more other persons); or
(d) the designated Telstra successor company is in a position, either alone or together with an associate of the designated Telstra successor company and whether directly or indirectly:
(i) to exercise control of the operation of all or part of the network; or
(ii) to exercise control of the selection of the kinds of services that are supplied using the network; or
(iii) to exercise control of the supply of services using the network; or
(e) a company other than the designated Telstra successor company legally or beneficially owns the network (whether alone or together with one or more other persons), and:
(i) the designated Telstra successor company is in a position, either alone or together with an associate of the designated Telstra successor company, to exercise control of the company; or
(ii) the designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, is in a position to veto any action taken by the board of directors of the company; or
(iii) the designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, is in a position to appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the company; or
(iv) the designated Telstra successor company, either alone or together with an associate of the designated Telstra successor company, is in a position to exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the company; or
(v) the company or more than 50% of its directors act, or are accustomed to act in accordance with the directions, instructions or wishes of, or in concert with, the designated Telstra successor company or of the designated Telstra successor company and an associate of the designated Telstra successor company acting together or of the directors of the designated Telstra successor company; or
(vi) the company or more than 50% of its directors, under a contract or an arrangement or understanding (whether formal or informal) are intended or expected to act, in accordance with the directions, instructions or wishes of, or in concert with, the designated Telstra successor company or of the designated Telstra successor company and an associate of the designated Telstra successor company acting together or of the directors of the designated Telstra successor company.
67 Subsection 577Q(2)
After "network under subsection", insert "(1A) or".
68 After paragraph 17(2A)(a) of Schedule 1
Insert:
69 Paragraph 17(2A)(b) of Schedule 1
Omit "577A,".
70 Paragraph 17(2A)(c) of Schedule 1
Omit "Telstra", substitute " a designated Telstra successor company ".
71 Paragraph 17(4A)(a) of Schedule 1
After "Telstra", insert "or a designated Telstra successor company".
72 Paragraph 17(4A)(b) of Schedule 1
After "Telstra", insert "or the designated Telstra successor company".
73 Before paragraph 18(6)(a) of Schedule 1
Insert:
74 Paragraph 18(6)(a) of Schedule 1
Omit "577A,".
75 Paragraph 18(6)(b) of Schedule 1
Omit "Telstra", substitute "a designated Telstra successor company".
76 After paragraph 33(6)(a) of Schedule 1
Insert:
77 Paragraph 33(6)(b) of Schedule 1
Omit "577A,".
78 Paragraph 33(6)(c) of Schedule 1
Omit "Telstra", substitute " a designated Telstra successor company ".
79 Paragraph 33(8)(a) of Schedule 1
After "Telstra", insert "or a designated Telstra successor company".
80 Paragraph 33(8)(b) of Schedule 1
Omit "Telstra", substitute "the designated Telstra successor company".
81 After paragraph 34(6)(a) of Schedule 1
Insert:
(aa) preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;
82 Paragraph 34(6)(b) of Schedule 1
Omit "577A,".
83 Paragraph 34(6)(c) of Schedule 1
Omit "Telstra", substitute "a designated Telstra successor company".
84 Paragraph 34(8)(a) of Schedule 1
After "Telstra", insert "or a designated Telstra successor company".
85 Subparagraphs 34(8)(b)(i) and (ii) of Schedule 1
After "Telstra", insert "or the designated Telstra successor company".
86 After paragraph 35(6)(a) of Schedule 1
Insert:
(aa) preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;
87 Paragraph 35(6)(b) of Schedule 1
Omit "577A,".
88 Paragraph 35(6)(c) of Schedule 1
Omit "Telstra", substitute "a designated Telstra successor company".
89 Paragraph 35(8)(a) of Schedule 1
After "Telstra", insert "or a designated Telstra successor company".
90 Paragraph 35(8)(b) of Schedule 1
After "Telstra", insert "or the designated Telstra successor company".
91 Before paragraph 36(7)(a) of Schedule 1
Insert:
(aa) preventing a designated Telstra successor company from complying with an undertaking in force under section 577A; or
92 Paragraph 36(7)(a) of Schedule 1
Omit "577A,".
93 Paragraph 36(7)(b) of Schedule 1
Omit "Telstra", substitute "a designated Telstra successor company".
94 Clause 10 of Schedule 2 (heading)
Omit " Telstra ", substitute " Telstra Limited ".
95 Subclause 10(1) of Schedule 2
Omit "Telstra", substitute "Telstra Limited".
96 Subclause 10(2) of Schedule 2
Omit "Telstra" (wherever occurring), substitute "Telstra Limited".
98 Subclause 10(2) of Schedule 2
Omit "Telstra's", substitute "Telstra Limited's".
99 Clause 20 of Schedule 2
Repeal the clause, substitute:
20 Requirements for Telstra Limited and Telstra
(1) This Part does not impose a requirement on Telstra Limited if:
(a) Telstra Limited holds a carrier licence; and
(b) the carrier licence is subject to one or more conditions about priority assistance obligations.
(2) This Part is taken not to have imposed a requirement on Telstra at a time before the commencement of this clause if section 12 of the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 was in force at that time.
Note: Section 12 of the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 was about Telstra's priority assistance obligations.
Telecommunications (Consumer Protection and Service Standards) Act 1999
100 Section 4 (paragraph beginning "Telstra is subject to")
Omit "Telstra is", substitute "designated Telstra successor companies are".
101 Subsection 12A(2)
After "determine", insert "under subsection (1)".
102 After subsection 12A(2)
Insert:
(2A) The Minister may determine, in writing, that each of 2 or more specified persons is a primary universal service provider in respect of a service obligation.
(2B) The Minister must not specify a person in a determination under subsection (2A) unless the person is a carrier or carriage service provider.
(2C) The Minister may determine under subsection (2A):
(a) different primary universal service providers in respect of different service obligations; and
(b) the same person as a primary universal service provider in respect of one or more service obligations.
(2D) The Minister must not make a determination under subsection (1) in respect of a service obligation if a determination in respect of that service obligation is in force under subsection (2A).
(2E) The Minister must not make a determination under subsection (2A) in respect of a service obligation if a determination in respect of that service obligation is in force under subsection (1).
103 Subsection 12A(3)
After "there is", insert "at least".
104 Section 12C
Repeal the section, substitute:
12C Obligations of primary universal service providers
(1) If there is only one primary universal service provider in respect of a service obligation, that service obligation is imposed on that primary universal service provider.
(2) If there are 2 or more primary universal service providers in respect of a service obligation:
(a) that obligation is imposed on each of those primary universal service providers, but may be discharged by any of those primary universal service providers; and
(b) if the service obligation is complied with by any of those primary universal service providers--the obligation is taken to have been complied with by the other primary universal service provider or providers.
105 Section 12D (heading)
Omit " Telstra ", substitute " Telstra Limited ".
106 Subsection 12D(1)
Omit "under section 12A that Telstra", substitute "under subsection 12A(1) that Telstra Limited".
107 At the end of section 12D
Add:
(3) Subsection (1) does not apply to Telstra Limited unless Telstra Limited is a carrier or carriage service provider.
108 Paragraph 12E(1)(a)
Omit "the primary universal service provider", substitute "a primary universal service provider".
108A At the end of Division 3 of Part 2
Add:
Subdivision C -- Relevant contracts entered into by designated Telstra successor companies
For the purposes of this Subdivision, relevant contract means a contract or agreement that is entered into:
(a) by a designated Telstra successor company; and
(b) for a purpose relating to either or both of the following:
(i) the achievement of any or all of the policy objectives of this Division;
(ii) the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the designated Telstra successor company by the section 14 contract known as the Telstra USO Performance Agreement.
For the purposes of this Subdivision, a transfer of an asset occurs if:
(a) the legal ownership of the asset is transferred in whole or in part; or
(b) the beneficial ownership of the asset is transferred in whole or in part (whether by way of a declaration of trust or in any other way); or
(c) if the asset is the subject of a lease--the lease is transferred.
(1) For the purposes of this Subdivision, authorised officer means an SES employee, or an acting SES employee, who holds, or performs the duties of, a position designated under subsection (2).
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
(2) The Minister may, by notifiable instrument, designate one or more specified positions in the Department for the purposes of subsection (1).
22C Notification of relevant contracts
(1) Within 7 days after a designated Telstra successor company enters into:
(a) a relevant contract; or
(b) a variation of a relevant contract;
the company must give:
(c) an authorised officer; or
(d) if there is no authorised officer--the Minister;
a written statement that sets out the following information:
(e) the names of the parties to the contract or variation, as the case requires;
(f) the nature of the contract or variation, as the case requires;
(g) the date the contract or variation, as the case requires, was entered into;
(h) the date when the contract or variation, as the case requires, came, or is to come, into effect;
(i) if the contract or variation (as the case requires) deals with the transfer of an asset--the name of the transferee;
(j) such other information (if any) relating to the contract or variation, as the case requires, as is specified under subsection (2).
(2) The Minister may, by legislative instrument, specify information for the purposes of paragraph (1)(j).
Civil penalty
(3) Subsection (1) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
22CA Notification of proposed contracts
(1) If:
(a) a designated Telstra successor company proposes to enter into a relevant contract; and
(b) the contract is to be entered into for a purpose relating to the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the company by the section 14 contract known as the Telstra USO Performance Agreement;
the company must, at least 30 days before entering into the contract, give:
(c) an authorised officer; or
(d) if there is no authorised officer--the Minister;
a written statement that sets out the following information:
(e) the names of the parties to the contract;
(f) the nature of the contract;
(g) the date the contract is to be entered into;
(h) the date when the contract is to come into effect;
(i) the name of the transferee of the assets;
(j) such other information (if any) relating to the contract as is specified under subsection (2).
(2) The Minister may, by legislative instrument, specify information for the purposes of paragraph (1)(j).
(3) Subsection (1) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
22D Copies of relevant contracts--requirement imposed by Ministerial notice
Requirement to give copy of proposed contract or variation
(1) If a designated Telstra successor company proposes to enter into:
(a) a relevant contract; or
(b) a variation of a relevant contract;
the Minister or an authorised officer may, by written notice given to the company, require the company to:
(c) give:
(i) an authorised officer; or
(ii) if there is no authorised officer--the Minister;
a copy of the proposed contract or variation, as the case requires; and
(d) do so within 7 days after the notice is given.
Requirement to give copy of contract or variation
(2) If a designated Telstra successor company has entered into:
(a) a relevant contract; or
(b) a variation of a relevant contract;
the Minister or an authorised officer may, by written notice given to the company, require the company to:
(c) give:
(i) an authorised officer; or
(ii) if there is no authorised officer--the Minister;
a copy of the contract or variation, as the case requires; and
(d) do so within 7 days after the notice is given.
Compliance with requirement
(3) A designated Telstra successor company must comply with a requirement under subsection (1) or (2).
Civil penalty
(4) Subsection (3) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
22E Copies of relevant contracts--requirement imposed by rules
(1) The Minister may, by legislative instrument, make rules that impose the following requirements to be complied with by a designated Telstra successor company that has entered into a relevant contract in a specified class of relevant contracts:
(a) the requirement that, within 7 days after such a contract is entered into, the company must give:
(i) an authorised officer; or
(ii) if there is no authorised officer--the Minister;
a copy of the contract;
(b) the requirement that, within 7 days after the company enters into a variation of such a contract, the company must give:
(i) an authorised officer; or
(ii) if there is no authorised officer--the Minister;
a copy of the variation.
Compliance with requirement
(2) A designated Telstra successor company must comply with a requirement imposed by rules made under subsection (1).
Civil penalty
(3) Subsection (2) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
108B At the end of section 44
Add:
; or (c) at any time during the eligible revenue period, the person was in a class of persons specified in the regulations.
109 Subsection 96(1) (heading)
Omit " Telstra ", substitute " Designated Telstra successor company ".
110 Part 9 (heading)
Omit " Telstra ", substitute " designated Telstra successor companies ".
111 Section 152 (paragraph beginning "This Part provides for")
Omit "Telstra", substitute "designated Telstra successor companies".
112 Section 153 (paragraphs (a) and (b) of the definition of carrier charge )
Omit "Telstra", substitute "a designated Telstra successor company".
113 Paragraph 155(1)(b)
Omit "Telstra", substitute "a designated Telstra successor company".
114 Subsection 155(5)
Omit "Telstra", substitute "A designated Telstra successor company".
115 Subsection 156(1)
Omit "Telstra", substitute "a designated Telstra successor company".
116 Subsections 156(2) and (3)
Omit "Telstra", substitute "the designated Telstra successor company".
117 Paragraph 156(3)(d)
Omit "Telstra", substitute "the designated Telstra successor company".
118 Subsection 158(1)
Omit "Telstra" (first occurring), substitute "a designated Telstra successor company".
119 Subsection 158(1)
Omit "Telstra" (second occurring), substitute "the designated Telstra successor company".
120 Paragraph 158(2)(b)
Omit "Telstra", substitute "the designated Telstra successor company".
121 Subsection 158(4)
Omit "Telstra" (wherever occurring), substitute "the designated Telstra successor company".
122 Subsection 158(5)
Omit "Telstra", substitute "A designated Telstra successor company".
123 Transitional--section 577G of the Telecommunications Act 1997
Despite the amendment of section 577G of the Telecommunications Act 1997 made by this Part, that section continues to apply, in relation to a breach that occurred before the commencement of this item, as if that amendment had not been made.
124 Clause 1.2.1
Before "This Code does not apply", insert "This Code does not apply to the extent (if any) it imposes an obligation on a designated Telstra successor company that has the effect of preventing the designated Telstra successor company from complying with an undertaking in force under section 577A of the Telecommunications Act 1997 .".
125 Clause 1.2.1
Omit "Telstra Corporation Ltd (Telstra)", substitute "Telstra".
126 Clause 1.2.1
Omit "577A,".
127 Clause 1.2.1
After "between Telstra", insert "or a designated Telstra successor company".
128 Clause 1.2.1
After "by Telstra", insert "or the designated Telstra successor company".
129 Clause 6.1 (definition of Telstra)
Repeal the definition, substitute:
"Telstra" has the same meaning as in the Telstra Corporation Act 1991 .
130 At the end of subsection 19(1)
Add:
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
131 Subsection 19(2)
Repeal the subsection, substitute:
(2) A determination under paragraph (1)(b) is a notifiable instrument.
Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019
132 Section 1
Omit " Telstra Corporation Limited ", substitute " Telstra Infraco Limited ".
133 At the end of section 3
Add:
Note: Section 63A of the Act provides that until the first occasion after the commencement of that section on which a declaration under subsection 63(2) of the Act takes effect in relation to a carrier licence held by Telstra Limited:
(a) the carrier licence is subject to the conditions set out in section 11 of this declaration; and
(b) for that purpose, a reference in that section to the licensee is to be read as a reference to Telstra Limited.
133A Section 4 (definitions of emergency call service , emergency service , ESA , FSA and inoperative )
Repeal the definitions.
135 Section 4 (definition of licensee )
Repeal the definition, substitute:
"licensee" means Telstra Infraco Limited (ACN 051 775 556), as the company exists from time to time (even if its name is later changed).
135AA Section 4 (definitions of location dependent carriage service , operator assistance service , operator services , priority assistance , public number , payphone , T(CPSS) Act and unlisted number )
Repeal the definitions.
135A Sections 6 to 10
Repeal the sections.
136 Subsection 11(1)
Insert:
"licensee representatives" means any directors, employees, officers, representatives, delegates, professional or financial advisers, agents, contractors or sub - contractors of the licensee (in their capacity as such).
137 Subsection 11(1) (definition of Telstra Representatives )
Repeal the definition.
138 Subparagraph 11(8)(g)(iii)
Omit "Telstra Representatives", substitute "licensee representatives".
138A Sections 12 to 18
Repeal the sections.
139 Schedule 1
Repeal the Schedule.
Telecommunications (Emergency Call Persons) Determination 2019
142 Section 4 (paragraph (c) of the note)
Repeal the paragraph, substitute:
(c) Telstra Limited.
143 Section 7
Omit "Telstra is", substitute "Telstra Limited is".
144 Section 7 (note 1)
Omit "Telstra", substitute "Telstra Limited".
Telecommunications (Emergency Call Service) Determination 2019
145 Section 6 (paragraph (a) of the definition of IPND )
Repeal the paragraph, substitute:
(a) the Integrated Public Number Database provided and maintained by Telstra Limited in accordance with a condition of its carrier licence; or
145A Section 6 (paragraph (b) of the definition of IPND )
Omit "Telstra", substitute "Telstra Limited".
146B Section 6 (note at the end of the definition of IPND )
Repeal the note.
146 Section 6 (paragraph (a) of the definition of IPND Manager )
Repeal the paragraph, substitute:
(a) Telstra Limited; or
146A Section 6 (paragraph (b) of the definition of IPND Manager )
Omit "Telstra", substitute "Telstra Limited".
147 Section 6 (at the end of the note at the end of the section)
Add:
; (t) Telstra Limited.
148 Section 4 (after paragraph (b) of the note)
Insert:
(ba) designated Telstra successor company (section 581G);
149 Section 5 (heading)
Omit " Telstra ", substitute " certain ".
150 Subparagraph 5(b)(ii)
After "by Telstra", insert "or a designated Telstra successor company".
151 Subparagraph 5(b)(ii)
After "require Telstra", insert "or the designated Telstra successor company".
152 Subparagraph 5(b)(iii)
After "by Telstra", insert "or a designated Telstra successor company".
153 Section 6 (heading)
Omit " Telstra ", substitute " certain ".
154 Subparagraphs 6(b)(ii) and (iii)
After "by Telstra", insert "or a designated Telstra successor company".
155 Subparagraph 6(b)(iii)
After "from Telstra", insert "or a designated Telstra successor company".
156 Section 9 (heading)
Omit " Telstra ", substitute " certain ".
157 Subparagraph 9(b)(ii)
After "by Telstra", insert "or a designated Telstra successor company".
158 Subparagraph 9(b)(ii)
After "require Telstra", insert "or the designated Telstra successor company".
159 Subparagraph 9(b)(iii)
After "by Telstra", insert "or a designated Telstra successor company".
160 Section 10 (heading)
Omit " Telstra ", substitute " certain ".
161 Subparagraphs 10(b)(ii) and (iii)
After "by Telstra", insert "or a designated Telstra successor company".
162 Subparagraph 10(b)(iii)
After "from Telstra", insert "or a designated Telstra successor company".