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TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1991 - SCHEDULE 1

Amendmentsconsequential on Telecommunications Act 1991

Section   25

 

AUSSAT Act 1984

Section   3 (definition of Corporation )

Omi t the definition .

Section   4

Omit " 1989 ", substitute " 1991 ".

Sections   10, 10A and 10B

Repeal the sections.

Section   10C

Omit "that, by virtue of this Act, AUSSAT has the right to provide", substitute ", the carrying on of any business or activity, or the exercise of any power or right, that AUSSAT is entitled to provide, carry on or exercise, as the case may be, under this Act or the Telecommunications Act 1991 ".

Sections   11, 12 and 17

Repeal the sections.

Australian Broadcasting Corporation Act 1983

Section   3 (definition of telegraph line )

Omit " 1989 ", substitute " 1991 ".

Subsection   77(2)

Omit the subsection, substitute:

  (2)   In respect of the erection, placing and maintenance of an electric line by a person under paragraph   ( 1)(a), that person has the same powers, and is subject to the same obligations, as are conferred or imposed on a general carrier under Division   3 of Part   7 of the Telecommunications Act 1991 to install or maintain a facility within the meaning of that Act.

Australian Postal Corporation Act 1989

Section   11

Omit " 1989 ", substitute " 1991 ".

Australian Telecommunications Corporation Act 1989

Section   4

Omit " 1989 ", substitute " 1991 ".

Section   11

Omit " 1989 ", substitute " 1991 ".

Paragraph 28(a)

Add at the end " and " .

Paragraph 28(b)

Omit " 45; and " , substitute " 45. " .

Paragraph 28(c)

Omit the paragraph.

Section   30

Repeal the section.

Parts   8 and 9

Repeal the Parts.

Sections   96 and 97

Repeal the sections.

Section   102

Repeal the section.

Broadcasting Act 1942

S ubs ection   4(1) (definition of telegraph line )

Omit " 1989 ", substitute " 1991 ".

Subsection   74(3)

Omit the subsection, substitute:

  (3)   In respect of the erection, placing and maintenance of an electric line by a person under paragraph   ( 1)(a), that person has the same powers, and is subject to the same obligations, as are conferred or imposed on a general carrier under Division   3 of Part   7 of the Telecommunications Act 1991 to install or maintain a facility within the meaning of that Act.

Crimes Act 1914

Section   3 (definition of public authority under the Commonwealth )

Omit ", and includes AUSSAT Pty Ltd and OTC Limited".

Subsection   76A(1)

Insert:

"carrier" means:

  (a)   a general carrier within the meaning of the Telecommunications Act 1991 ; or

  (b)   a mobile carrier within the meaning of that Act; or

  (c)   a person who supplies eligible services within the meaning of that Act under a class licence issued under section   209 of that Act .

Subsection   76D(1)

After " Commonwealth " , insert " or by a carrier " .

Paragraph 76D(2)(a)

After "Commonwealth", insert "or by a carrier".

Paragraph 76D(3)(a)

After "Commonwealth", insert "or by a carrier".

Section   76E

After "Commonwealth", insert "or by a carrier".

Section   85ZB (definitions of AUSSAT , carrier , OTC and Telecom )

Omit the definitions.

Section   85ZB

Insert:

"carrier" means:

  (a)   a general carrier; or

  (b)   a mobile carrier; or

  (c)   a person who supplies eligible services under a class licence issued under section   209 of the Telecommunications Act 1991 .

"communication" does not include a communication solely by means of radiocommunication.

"telecommunications network" means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both .

"telecommunications service" means a service for carrying telecommunications by means of guided or unguided electromagnetic energy or both.

After section   85ZB

Insert:

85ZBA   Interpretation -- person acting for a general or mobile carrier

    For the purposes of this Part, a person who does any thing for or on behalf of a person who is, or persons at least one of whom is, a general carrier or a mobile carrier, is, in respect of:

  (a)   the doing by that person of that thing; or

  (b)   any rental, fee or charge payable for or in relation to the doing by that person of that thing; or

  (c)   the operation by that person of a facility in connection with the doing of that thing; or

  (d)   a facility belonging to that person; or

  (e)   the operation by that person of a satellite;

taken to be a carrier.

Section   85ZC

Omit " 1989 " , substitute " 1991 " .

Subsection   85ZK(2)

Omit " section   114 of the Telecommunications Act 1989 " , substitute " section   253 of the Telecommunications Act 1991 " .

Subsection   85ZKA (1)

  (a)   Omit " Telecom, " (first occurring), substitute " a carrier, " .

  (b)   Omit " supplied by Tele com,", substitute "each of which is supplied by a carrier, " .

Paragraph 85ZKA(2)(a)

Omit " section   114 of the Telecommunications Act 1989 " , substitute " section   253 of the Telecommunications Act 1991 " .

Ombudsman Act 1976

Subsections   6(4D) and (4E)

Omit "Part   6 of the Telecommunications Act 1989 ", substitute "Part   15 of the Telecommunications Act 1991 ".

Subsection   6(4F)

Omit " 1989 ", substitute " 1991 ".

OTC Act 1946

Section   4

Omit " 1989 ", substitute " 1991 ".

Sections   36, 37 and 38

Repeal the sections.

Radiocommunications Act 1983

Subsection   3(1) (def inition of radiocommunications transmitter )

Omit " 1989 ", substitute " 1991 ".

Subsection   3(1) (definition of receiver )

Omit " 1975 ", substitute " 1991 ".

Paragraph 24(2)(f)

Omit the paragraph.

Paragraphs 25(1)(j) and (k) and 35(4)(c) and (d)

Omit "(which may include conditions for or in relation to giving effect to provisions of Division   1 of Part   3 of the Telecommunications Act 1989 )".

Paragraph 38(2)(c)

Omit the paragraph.

Paragraphs 38(6) (b) and (c)

Omit "(which may include conditions for or in relation to giving effect to provisions of Division   1 of Part   3 of the Telecommunications Act 1989 )".

Satellite Communications Amendment Act 1988

Section   3

Repeal the section.

Sea Installations Act 1987

Schedule

Omit " Telecommunications Act 1989 ", substitute " Telecommunications Act 1991 ".

Telecommunications (Interception) Act 1979

Subsection   5(1) (definitions of carrier , Corporation , employee of the Corporation and Managing Director )

Omit the definitions.

Subsection   5(1)

Insert:

"carrier" means:

  (a)   a general carrier within the meaning of the Telecommunications Act 1991 ; or

  (b)   a mobile carrier within the meaning of that Act; or

  (c)   a person who supplies eligible services within the meaning of that Act under a class licence issued under section   209 of that Act.

"Managing Director" , in relation to a carrier, means the chief executive officer (however described) of the carrier.

Subsection   5(1) (definitions of equipment , facility and line )

Omit " 1989 ", substitute " 1991 ".

Subsection   5(1) (definitions of telecommunications network and telecommunications service )

Omit the definitions, substitute:

"telecommunications network" means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both, but does not include a system, or series of systems, for carrying communications solely by means of radiocommunication .

"telecommunications service" means a service for carrying communications by means of guided or unguided electromagnetic energy or both, being a service the use of which enables communications to be carried over a telecommunications system operated by a carrier but not being a service for carrying communications solely by means of radiocommunication.

Subsection   5(3)

Omit " 1989 ", substitute " 1991 ".

Subsection   8(1)

Omit " the Corporation " (wherever occurring), substitute " a carrier " .

Subsections   11(1) and (2)

Omit " the Corporation " , substitute " a carrier " .

Subsection   11(8)

Omit " the Corporation " (first occurring), substitute " a carrier " .

Paragraphs 11(8)(a) and (b)

Omit " Corporation " (wherever occurring), substitute " carrier " .

Subsection   11(10)

Omit " the Corporation " , substitute " a carrier " .

Paragraph 11A(1)(a)

Omit " the Corporation " , substitute " a carrier " .

Subsection   11A(1)

Omit " Corporation " (last occurring), substitute " carrier " .

Subsection   11A(6)

Omit " the Corporation " (first occurring), substitute " a carrier " .

Paragraphs 11A(6)(a) and (b)

Omit " Corporation " (wherever occurring), substitute " carrier " .

Section   15

Omit " Corporation " (wherever occurring), substitute " carrier " .

Section   20A

Omit " the Corporation " , substitute " a carrier " .

Section   20B

Omit " the Corporation " , substitute " a carrier " .

Subsection   21(6)

Omit " the Corporation " (first occurring), substitute " a carrier " .

Paragraphs 21(6)(a) and (b)

Omit " Corporation " (wherever occurring), substitute " carrier " .

Paragraph 21(8)(a)

Omit " the Corporation " , substitute " a carrier " .

Section   25

Omit " Corporation " (wherever occurring), substitute " relevant carrier " .



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