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Telstra (Transition to Full Private Ownership) Bill 1998
Schedule 1 Amendments commencing on Royal Assent

   

Commonwealth Borrowing Levy Act 1987

1  Item 22 of the Schedule

Repeal the item.

2  Transitional

(1)        Subject to subitem (2), Telstra is not liable after the commencement of this item to pay an amount of levy imposed by the Commonwealth Borrowing Levy Act 1987 on a borrowing undertaken before that commencement.

(2)        Subitem (1) does not apply in relation to an amount of levy that was paid or payable before the commencement of this item.

Telecommunications Act 1997

3  After section 236

Insert:

236A   Remedial directions—compliance with performance standards

             (1)  This section applies if a carriage service provider is subject to a standard in force under section 234.

             (2)  The ACA may give the provider a written direction:

                     (a)  requiring the provider to take specified action directed towards ensuring that the provider does not contravene, or is unlikely to contravene, the standard; or

                     (b)  requiring the provider to take such action as will ensure that the extent of the provider’s compliance with the standard reaches or exceeds a specified goal or target.

Note:          Under section 242, the Minister may give the ACA directions in relation to the exercise of its powers under this Part.

             (3)  The following are examples of the kinds of direction that may be given to a carriage service provider under subsection (2):

                     (a)  a direction that the provider implement effective administrative systems for monitoring compliance with a standard in force under section 234;

                     (b)  a direction that the provider take such action as is necessary to ensure that the extent of the provider’s compliance with a standard in force under section 234, in so far as that standard relates to the keeping of appointments to meet customers in rural areas, reaches or exceeds a specified goal or target.

             (4)  Before giving a direction under subsection (2), the ACA must consult the Telecommunications Industry Ombudsman. However, this rule does not apply if the Minister, under section 242, required the ACA to give the direction.

             (5)  A carriage service provider must not contravene a direction under subsection (2).

             (6)  A direction under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

Telstra Corporation Act 1991

4  Section 3

Insert:

Minister for Finance means the Minister for Finance and Administration.

5  Paragraph 8BC(b)

Omit “telecommunications service (within the meaning of the Telecommunications Act 1991 )”, substitute “carriage service (within the meaning of the Telecommunications Act 1997 )”.

6  Paragraph 8CC(b)

Omit “telecommunications service (within the meaning of the Telecommunications Act 1991 )”, substitute “carriage service (within the meaning of the Telecommunications Act 1997 )”.