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Bill
- Schedule 1—Amendments commencing on the day after Royal Assent
- Schedule 2—Amendments contingent on the implementation of an approved scheme of arrangement
- Schedule 3—Amendments relating to contracts and agreements
- Schedule 4—Amendments relating to access to supplementary facilities and telecommunications transmission towers
- Schedule 5—Exemption from sunsetting
2019-2020-2021
The Parliament of the
Commonwealth of Australia
Presented and read a first time
Telstra Corporation and Other Legislation Amendment Bill 2021
No. , 2021
(Communications, Urban Infrastructure, Cities and the Arts)
A Bill for an Act to amend legislation relating to Telstra, and for other purposes
Contents
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 1
3............ Schedules............................................................................................ 3
Schedule 1—Amendments commencing on the day after Royal Assent 5
Part 1—Amendments 5
Telecommunications Act 1997 5
Telstra Corporation Act 1991 24
Telstra Corporation (Ownership—Interests in Shares) Regulations 2018 30
Part 2—Transitional 32
Schedule 2—Amendments contingent on the implementation of an approved scheme of arrangement 36
Part 1—Main amendments 36
Division 1—Amendments 36
Competition and Consumer Act 2010 36
Telecommunications Act 1997 39
Telecommunications (Consumer Protection and Service Standards) Act 1999 61
Division 2—Transitional 69
Part 2—Other amendments 70
A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities 70
Telecommunications Act 1997 71
Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 71
Telecommunications (Emergency Call Persons) Determination 2019 72
Telecommunications (Emergency Call Service) Determination 2019 73
Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 74
Schedule 3—Amendments relating to contracts and agreements 76
Telecommunications Act 1997 76
Telecommunications (Consumer Protection and Service Standards) Act 1999 79
Schedule 4—Amendments relating to access to supplementary facilities and telecommunications transmission towers 82
Telecommunications Act 1997 82
Telecommunications (Arbitration) Regulations 2018 94
Schedule 5—Exemption from sunsetting 95
Legislation (Exemptions and Other Matters) Regulation 2015 95
A Bill for an Act to amend legislation relating to Telstra, and for other purposes
The Parliament of Australia enacts:
This Act is the Telstra Corporation and Other Legislation Amendment Act 2021 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provisions |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedule 1 |
The day after this Act receives the Royal Assent. |
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3. Schedules 2 and 3 |
At the earliest time when any of the property of Telstra Corporation Limited (ACN 051 775 556) is transferred to and vested in Telstra Limited (ACN 086 174 781) by virtue of an order of the Federal Court of Australia made in accordance with section 413 of the Corporations Act 2001 . However, the provisions do not commence at all if none of the property of Telstra Corporation Limited (ACN 051 775 556) is transferred to and vested in Telstra Limited (ACN 086 174 781) by virtue of an order of the Federal Court of Australia made in accordance with section 413 of the Corporations Act 2001 . The Minister must announce, by notice published on the Department’s website, the commencement of the provisions. |
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4. Schedules 4 and 5 |
The day after this Act receives the Royal Assent. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Note 1: The provisions of the Telstra Corporation (Ownership—Interests in Shares) Regulations 2018 amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under section 42 of the Telstra Corporation Act 1991 (see subsection 13(5) of the Legislation Act 2003 ).
Note 2: The provisions of the A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities amended or inserted by this Act, and any other provisions of that Code, may be amended or repealed by an instrument made under subclause 37(1) of Schedule 1 to the Telecommunications Act 1997 (see subsection 13(5) of the Legislation Act 2003 ).
Note 3: The provisions of the Telecommunications (Arbitration) Regulations 2018 amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under section 594 of the Telecommunications Act 1997 (see subsection 13(5) of the Legislation Act 2003 ).
Note 4: The provisions of the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 amended or inserted by this Act, and any other provisions of that declaration, may be varied by an instrument made under subsection 63(5) of the Telecommunications Act 1997 , or revoked by an instrument made under subsection 63(6) of that Act (see subsection 13(5) of the Legislation Act 2003 ).
Note 5: The provisions of the Telecommunications (Emergency Call Persons) Determination 2019 amended or inserted by this Act, and any other provisions of that determination, may be amended or repealed by an instrument made under paragraph 19(1)(b) of the Telecommunications Act 1997 (see subsection 13(5) of the Legislation Act 2003 ).
Note 6: The provisions of the Telecommunications (Emergency Call Service) Determination 2019 amended or inserted by this Act, and any other provisions of that determination, may be amended or repealed by an instrument made under subsection 147(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (see subsection 13(5) of the Legislation Act 2003 ).
Note 7: The provisions of the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 amended or inserted by this Act, and any other provisions of that instrument, may be amended or repealed by an instrument made under subsection 360H(3A) or (5A), or both, of the Telecommunications Act 1997 (see subsection 13(5) of the Legislation Act 2003 ).