Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 59, 1997
Compilation No. 3
Compilation date: 1 July 2016
Includes amendments up to: Act No. 33, 2016
Registered: 27 July 2016
About this compilation
This compilation
This is a compilation of the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
2A Application in relation to Norfolk Island
Part 2--Repeals
3 Repeals
4 Compensation--constitutional safety net
Part 3--Transitional
Division 1--Transitional provisions relating to the merger of AUSTEL and the SMA
5 Definitions
6 Transfer of assets to the ACA
7 Re-transfer of assets
8 Transfer of liabilities to the ACA
9 Re-transfer of liabilities
10 Transfers of land may be registered
11 This Division does not modify registers kept by land registration officials
12 Exemption from stamp duty and other taxes
13 Lands Acquisition Act does not apply to this Division
14 References in instruments to the SMA become references to the ACA
15 Transfer of SMA records to the ACA
16 Acts of the SMA to be attributed to the ACA etc.
17 Pending proceedings--Commonwealth a party
18 Pending proceedings--Spectrum Manager a party
19 Investigations
20 Public inquiries
21 Transfer of Ombudsman investigations
22 Committees
23 Protected name and protected symbol
24 Annual report
25 Delegation
Division 2--Transitional provisions relating to the transfer of competition policy resources from AUSTEL to the ACCC
26 Definitions
27 Transfer of AUSTEL assets
28 Re-transfer of assets
29 Transfer of AUSTEL liabilities
30 Re-transfer of liabilities
31 Transfers of land may be registered
32 This Division does not modify registers kept by land registration officials
33 Exemption from stamp duty and other taxes
34 Lands Acquisition Act does not apply to this Division
35 Delegation
Division 3--Transitional provisions relating to the telecommunications access regime
36 Modified application of Part XIC of the Trade Practices Act 1974 before 1 July 1997
37 Phase-out of arbitrations under section 154 of the Telecommunications Act 1991
38 Recognition of pre-1 July 1997 consultations by the Telecommunications Access Forum
39 Services covered by pre-commencement access agreements etc.
40 Certain mobile services supplied by Telstra
41 Certain connection obligations to continue in force
42 Compensation--constitutional safety-net
43 Selection--transitional arrangements
44 Registration of pre-commencement access agreements
45 Pre-1 July 1997 operation of the telecommunications access regime--references to the ACA to be read as references to AUSTEL
46 Deemed agreements with existing carriers--terms and conditions relating to standard access obligations
47 Compensation--constitutional safety-net
Division 4--Transitional provisions relating to carrier licences
48 Definitions
49 Replacement of existing carrier licences
50 AUSTEL may receive applications for carrier licences before 1 July 1997
51 Acts of AUSTEL to be attributed to ACA
Division 5--Transitional provisions relating to technical standards under section 244 of the Telecommunications Act 1991
52 Technical standards to continue in force as industry standards
Division 6--Transitional provisions relating to indicative performance standards
53 Indicative performance standards to continue in force
Division 7--Transitional provisions relating to the universal service regime
Subdivision A--Certain instruments to continue in force
54 Universal service obligation--payphones at specified locations
55 National universal service provider
56 Regional universal service provider
57 Directions about declaring net cost areas
58 Determinations about working out net universal service costs
59 Revocation and variation of instruments
Subdivision B--Phase-out of former universal service regime
60 Phase-out of former universal service regime
Division 8--Transitional provisions relating to the chart of accounts and the cost allocation manual
63 Chart of accounts and cost allocation manual to remain binding until record-keeping rules made
Division 9--Transitional provisions relating to the international aspects of carriers' activities
64 INTELSAT and Inmarsat--policy notifications and directions to continue in force
Division 10--Transitional provisions relating to cabling and customer equipment
65 Continued effect of orders relating to the connection of customer cabling and customer equipment
66 Continued effect of cabling licences
67 Declarations about application of cabling provisions
Division 11--Transitional provisions relating to the protection of the confidentiality of communications
68 Confidentiality of communications carried before 1 July 1997
69 Confidentiality of communications carried on or after 1 July 1997
Division 12--Transitional provisions relating to reviews and reports about the telecommunications industry
70 Reviews and reports for the year ending on 30 June 1997
Division 13--Transitional provisions relating to anti-competitive conduct in the telecommunications industry
71 Modified application of Part XIB of the Trade Practices Act 1974 before 1 July 1997
Division 14--Transitional provisions relating to the numbering plan
72 Termination time
73 Existing numbering provisions to continue in force for a limited period
74 Modification of certain references to the numbering plan
75 Numbers taken to be allocated at the termination time
76 Modified procedural requirements for first numbering plan
Division 15--Exercise of powers by AUSTEL before relevant commencement dates
77 Exercise of powers by AUSTEL before 1 July 1997--general
78 Definitions
Division 16--Transitional provisions relating to eligible combined areas
79 Eligible combined areas
Division 17--Transitional provisions relating to actions under sections 95 and 186 of the Telecommunications Act 1991
80 Actions under sections 95 and 186 of the Telecommunications Act 1991
Division 18--Transitional provisions relating to interception capabilities
81 Interception capabilities
Division 19--Transitional provisions relating to the AMPS plan
82 AMPS plan
Division 20--Transitional provisions relating to technical standards about customer equipment and customer cabling
83 Technical standards about customer equipment and customer cabling
Division 21--Transitional provisions relating to tariffs for the supply of carriage services
84 BCS tariff to continue to apply
Division 22--Transitional provisions relating to the customer service guarantee
85 Definitions
86 Standard assumptions for the purpose of this Division
87 Performance standards to continue in force
88 Directions to continue in force
89 Scale of damages to continue in force
90 Consent by Telecommunications Industry Ombudsman to continue in force
91 Instruments making provision for waiver of guarantee to continue in force
92 Waivers to continue in force
93 Evidentiary certificates to continue to apply
94 Revocation and variation of instruments
Division 23--Transitional provisions relating to carriers' powers and immunities
95 Instrument to be made before 1 July 1997--low-impact facilities
96 Instrument to be made before 1 July 1997--Code of Practice
Part 4--Amendments
97 Schedule(s)
Schedule 1--General amendments
Australian Broadcasting Corporation Act 1983
Australian National Railways Commission Act 1983
Australian Postal Corporation Act 1989
Broadcasting Services Act 1992
The Corporations Law set out in section 82 of the Corporations Act 1989
Legislative Instruments Act 1997
Radiocommunications Taxes Collection Act 1983
Special Broadcasting Service Act 1991
Telecommunications (Interception) Act 1979
Schedule 2--Amendment of the Radiocommunications Act 1992
Part 1--Merger of the SMA and the ACA
Part 2--Consequential amendments
Part 3--Public inquiries
Part 4--Standards and other technical regulation
Schedule 3--Amendments consequential on the enactment of the Commonwealth Authorities and Companies Act 1997
Australian Communications Authority Act 1997
Schedule 4--Amendments consequential on the enactment of the Financial Management and Accountability Act 1997
Schedule 5--Repeal of Acts
Radiocommunications (Permit Tax) Act 1983
Telecommunications (Application Fees) Act 1991
Telecommunications (Numbering Charges) Act 1991
Telecommunications (Public Mobile Licence Charge) Act 1992
Telecommunications (Universal Service Levy) Act 1991
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 | 59, 1997 | 3 May 1997 | s 3, 4, 52-70, 80-94, 97, Sch 1 (items 1-12, 15-36, 40-66), Sch 2 and 5: 1 July 1997 (s 2(2)) |
|
200, 1997 | 16 Dec 1997 | Sch 2 (item 28): 3 May 1997 (s 2(2)) | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 919-922): 5 Dec 1999 (s 2(1), (2)) | -- |
Statute Stocktake Act (No. 1) 2011 | 100, 2011 | 15 Sept 2011 | Sch 1 (item 11): 16 Sept 2011 (s 2) | -- |
33, 2016 | 23 Mar 2016 | Sch 5 (item 97): 1 July 2016 (s 2(1) item 7) | -- |
Provision affected | How affected |
Part 1 |
|
s 2A.................... | ad No 33, 2016 |
Part 3 |
|
Division 1 |
|
s 25.................... | am No 146, 1999 |
Division 2 |
|
s 35.................... | am No 146, 1999 |
Division 3 |
|
s 40.................... | am No 200, 1997 |
Division 7 |
|
Subdivision C.............. | rep No 100, 2011 |
s 61.................... | rep No 100, 2011 |
s 62.................... | rep No 100, 2011 |
Schedule 3 |
|
item 15.................. | am No 200, 1997 |