Compilation #3 | Effective 2016-07-01
FRBR Work URI: /akn/au/act/1991/99
The Act may be cited as the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991.
Part 1 commences on the day on which this Act receives the Royal Assent.
1 July 1991.Part 2, Part 3 (except section 24) and Part 4 commence on
(3) Section 24 and Australian and Overseas Telecommunications Corporation Act 1991.Part 5 commence on the day fixed under subsection 2(1) of the
In this Part:
AUSSAT means AUSSAT Pty Ltd.
OTC means OTC Limited.
(2) In this Part, unless the contrary intention appears, expressions have the same meanings as in the Telecommunications Act 1991.
(3) The operation of this Part in relation to Norfolk Island is not affected by the amendments made by Territories Legislation Amendment Act 2016.Division 1 of Part 1 of Schedule 5 to the
This Part has effect despite anything contained in the Telecommunications Act 1991.
(1) Any notification or direction given to AUSTEL under Telecommunications Act 1989 and in force immediately before the repeal of that section is taken to have been given to AUSTEL under section 49 or 50, as the case may be, of the Telecommunications Act 1991 on the commencement of that last-mentioned section.section 28 or 29 of the
(2) A reference in a notification or direction referred to in subsection (1) to a provision of the Telecommunications Act 1989 is a reference to the provision of the Telecommunications Act 1991 that corresponds, or most closely corresponds, to the first-mentioned provision.
(1) Any advisory committee that was established by AUSTEL under Telecommunications Act 1989 and was in existence immediately before the repeal of that section is taken to have been established under section 53 of the Telecommunications Act 1991 on the commencement of that last-mentioned section.section 32 of the
(2) Any direction that was given by AUSTEL under subsection 32(3) of the Telecommunications Act 1989 to a committee referred to in subsection (1) of this section and was in force immediately before the repeal of that subsection is taken to have been given to AUSTEL under subsection 53(3) of the Telecommunications Act 1991 on the commencement of that last-mentioned subsection.
In this section:
corporation to which this section applies means AUSSAT, OTC or Telecom.
A corporation to which this section applies may, after the commencement of this section, continue to perform the functions and exercise the powers that it was entitled to perform and exercise immediately before that commencement until:
(a) a decision is made by the Minister whether to grant to the corporation a licence under Telecommunications Act 1991; orsection 57 of the
the Minister, by notice published in the Gazette, determines that this section is to cease to apply to the corporation;
whichever first occurs.
(3) A corporation to which this section applies is taken to have been a general carrier within the meaning of the Telecommunications Act 1991, otherwise than for the purposes of Divisions 2 and 3 of Part 5, and Parts 8 and 9 of the Act, during the period beginning on 1 July 1991 and ending on the day on which the corporation became the holder of a general telecommunications licence in force under Part 5.
Section 88 of the Telecommunications Act 1991 applies to any disclosure or use by a person of a fact or document that takes place after the commencement of that section even though:
it relates to a communication that was carried, or a telecommunications service that was supplied, before that commencement; or
the fact or document came to the knowledge, or into the possession, of the person before that commencement.
Despite the repeal of Telecommunications Act 1989, that section continues in force in respect of conduct that was engaged in before that section was repealed.section 69 of the
If, immediately before the commencement of Telecommunications Act 1991, a carrier within the meaning of the Telecommunications Act 1989 had, under section 49 of the Telecommunications Act 1989 or section 10A of the AUSSAT Act 1984, a right to interconnect its facilities to another carrier’s network on payment of an amount agreed between them or determined by AUSTEL, the payment of that amount is a term and condition for the purposes of the right of the first-mentioned carrier to interconnect its facilities to that other carrier’s network under section 137 of the Telecommunications Act 1991 and is taken to have been agreed or determined as mentioned in paragraph 137(2)(b) of that Act.section 137 of the
(1) Until class licences are issued under Telecommunications Act 1991, services supplied after the commencement of that section in accordance with class licences within the meaning of the Telecommunications Act 1989 that were issued under section 75 of that Act and were in force immediately before the repeal of that section are taken to be supplied under class licences issued under the first-mentioned section.section 209 of the
This section has effect subject to section 12 of this Act.
(1) Where, immediately before the repeal of Telecommunications Act 1989:section 104 of the
a person was supplying a value added service, or a private network service, within the meaning of that Act:
that was connected to a telecommunications network operated by a carrier within the meaning of that Act; and
in respect of the supply of which the person had obtained the carrier’s approval; and
because of subsection 104(1) of that Act, the service was taken to be supplied under a class licence within the meaning of that Act;
then, so far as it is supplied after that repeal, the service is taken to be an eligible service supplied under a class licence within the meaning of the Telecommunications Act 1991.
However, if at any time after that repeal the person supplies the service in a way that is not in accordance with that approval, subsection (1) ceases to apply in relation to the supply of the service by the person.
Section 241 of the Telecommunications Act 1991 does not prohibit the provision of a telecommunications service by the use of numbers allocated before the national numbering plan referred to in that section is prepared.
A technical standard that, immediately before the repeal of Telecommunications Act 1989, was in force under that section has effect after that repeal (including for the purposes of section 46A of the Acts Interpretation Act 1901) as if:section 106 of the
(a) Telecommunications Act 1991 had commenced on the day when the standard was determined; andsection 246 of the
(b) the standard had been determined under Telecommunications Act 1991.section 246 of the
Where, immediately before the commencement of Telecommunications Act 1991 there was in force a permit (in this section called the previous permit) issued under section 118 of the Telecommunications Act 1989 or a permit (in this section also called the previous permit) taken by section 126 of that Act to be issued under Division 4 of Part 5 of that Act:Part 12 of the
(a) the previous permit is taken, on that commencement, to be a permit (in this section called the new permit) issued under Division 6 of Part 12 of the Telecommunications Act 1991, being a permit that includes the conditions (if any) to which the previous permit was subject immediately before that commencement; and
the person who was, or was taken to be, the holder of the previous permit is taken, on that commencement, to be the holder of the new permit.
Where, immediately before the commencement of Telecommunications Act 1991 there was in force a cabling licence (in this section called the previous cabling licence) issued under section 131 of the Telecommunications Act 1989 or a cabling licence (in this section also called the previous cabling licence) taken by section 139 of that Act to be issued under Division 5 of Part 5 of that Act:Part 12 of the
(a) the previous cabling licence is taken, on that commencement, to be a cabling licence (in this section called the new cabling licence) issued under Division 7 of Part 12 of the Telecommunications Act 1991, being a cabling licence that includes the conditions (if any) to which the previous cabling licence was subject immediately before that commencement; and
the person who was, or was taken to be, the holder of the previous cabling licence is taken, on that commencement, to be the holder of the new cabling licence.
Any delegation of a function or power of AUSTEL under the Telecommunications Act 1989 that was made under section 140 of that Act and was in force immediately before the repeal of that section continues in force after the commencement of section 279 of the Telecommunications Act 1991 as a delegation made under that section of the corresponding function or power of AUSTEL under that Act, being a function or power that AUSTEL is authorised by that section to delegate.
(1) Where before the repeal of Part 6 of the Telecommunications Act 1989 AUSTEL had commenced, but had not concluded and reported on, an investigation under that Part, AUSTEL may complete and report on the investigation in accordance with that Part.
(2) Where before the repeal of Part 6 of the Telecommunications Act 1989 the Minister had requested AUSTEL to conduct an investigation under that Part but AUSTEL had not concluded and reported on the investigation, AUSTEL must commence, or continue, as the case may be, and conclude and report on, the investigation in accordance with that Part.
(3) Part 6 of the Telecommunications Act 1989 continues in force for the purposes of this section.
(1) A person who held office as a member of AUSTEL immediately before the repeal of Part 7 of the Telecommunications Act 1989 continues in office for the unexpired portion of the period of his or her appointment as if:
(a) Telecommunications Act 1991 had been in force when the appointment was made; andsection 368 of the
the person had been appointed under that section.
(2) A person who held office as an associate member of AUSTEL immediately before the repeal of Part 7 of the Telecommunications Act 1989 continues in office for the unexpired portion of the period of his or her appointment as if:
(a) Telecommunications Act 1991 had been in force when the appointment was made; andsection 369 of the
the person had been appointed under that section.
(3) Any directions given under subsection 160(5) of the Telecommunications Act 1989 to a person referred to in subsection (2) that were in force immediately before the repeal of that Act continue in force as if:
(a) subsection 369(2) of the Telecommunications Act 1991 had been in force when the direction was given; and
the directions had been given under that subsection.
(1) Subject to subsection (3), any regulations made under Telecommunications Act 1989 and in force immediately before the repeal of that section continue in force as if made under section 406 of the Telecommunications Act 1991.section 185 of the
(2) A reference in a regulation so continued in force to a provision of the Telecommunications Act 1989 is taken to be a reference to the corresponding provision of the Telecommunications Act 1991.
(3) This section does not apply to a regulation the making of which would not be authorised by the Telecommunications Act 1991.
(1) Subject to subsection (3), any regulations made under the Telecommunications (Application Fees) Act 1989 and in force immediately before the repeal of that Act continue in force as if made under the Telecommunications (Application Fees) Act 1991.
(2) A reference in a regulation so continued in force to a provision of the Telecommunications Act 1989 is taken to be a reference to the corresponding provision of the Telecommunications Act 1991.
(3) This section does not apply to a regulation the making of which would not be authorised by the Telecommunications (Application Fees) Act 1991.
(1) Subject to Australian Telecommunications Corporation Act 1989 and subsection (2) of this section, Telecom is not subject to any requirement, obligation, liability, penalty or disability under a law of a State or Territory to which the Commonwealth is not subject.section 59 of the
(2) Subsection (1) applies only in relation to the period beginning at the commencement of this section and ending immediately before the commencement of Telecommunications Act 1991.section 116 of the
The Telecommunications Act 1989 and the Telecommunications (Application Fees) Act 1989 are repealed.
The Australian Telecommunications Corporation Act 1989 and the OTC Act 1946 are repealed.
The Acts specified in Schedule 1 are amended as set out in that Schedule.
The Acts specified in Schedule 2 are amended as set out in that Schedule.