{"id":"C2004A04174","name":"Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991","slug":"telecommunications-transitional-provisions-and-consequential-amendments-act-1991","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"99 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":51365,"registerId":"commonwealth-C2004A04174-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  The Act may be cited as the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Part 1 commences on the day on which this Act receives the Royal Assent.\n  (2) Part 2, Part 3 (except section 24) and Part 4 commence on 1 July 1991.\n  (3) Section 24 and Part 5 commence on the day fixed under subsection 2(1) of the Australian and Overseas Telecommunications Corporation Act 1991.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional provisions","content":"## Part 2—Transitional provisions","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Part:\n\n> AUSSAT means AUSSAT Pty Ltd.\n\n> OTC means OTC Limited.\n\n  (2) In this Part, unless the contrary intention appears, expressions have the same meanings as in the Telecommunications Act 1991.\n  (3) The operation of this Part in relation to Norfolk Island is not affected by the amendments made by Division 1 of Part 1 of Schedule 5 to the Territories Legislation Amendment Act 2016.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"#### 4 Application\n\n  This Part has effect despite anything contained in the Telecommunications Act 1991.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Pre‑existing notifications and directions to AUSTEL","content":"#### 5 Pre‑existing notifications and directions to AUSTEL\n\n  (1) Any notification or direction given to AUSTEL under section 28 or 29 of the 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.\n  (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.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Pre‑existing advisory committees established by AUSTEL","content":"#### 6 Pre‑existing advisory committees established by AUSTEL\n\n  (1) Any advisory committee that was established by AUSTEL under section 32 of the 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.\n  (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.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Existing carriers may continue to operate pending grant of licences","content":"#### 7 Existing carriers may continue to operate pending grant of licences\n\n  (1) In this section:\n\n> corporation to which this section applies means AUSSAT, OTC or Telecom.\n\n  (2) 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:\n    (a) a decision is made by the Minister whether to grant to the corporation a licence under section 57 of the Telecommunications Act 1991; or\n    (b) the Minister, by notice published in the Gazette, determines that this section is to cease to apply to the corporation;\n  whichever first occurs.\n  (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.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Disclosure of pre‑existing communications","content":"#### 8 Disclosure of pre‑existing communications\n\n  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:\n    (a) it relates to a communication that was carried, or a telecommunications service that was supplied, before that commencement; or\n    (b) the fact or document came to the knowledge, or into the possession, of the person before that commencement.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Relief in respect of past infringing conduct","content":"#### 9 Relief in respect of past infringing conduct\n\n  Despite the repeal of section 69 of the Telecommunications Act 1989, that section continues in force in respect of conduct that was engaged in before that section was repealed.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Pre‑existing interconnection rights","content":"#### 10 Pre‑existing interconnection rights\n\n  If, immediately before the commencement of section 137 of the 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.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Pre‑existing class licences","content":"#### 11 Pre‑existing class licences\n\n  (1) Until class licences are issued under section 209 of the 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.\n  (2) This section has effect subject to section 12 of this Act.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Pre‑existing eligible services","content":"#### 12 Pre‑existing eligible services\n\n  (1) Where, immediately before the repeal of section 104 of the Telecommunications Act 1989:\n    (a) a person was supplying a value added service, or a private network service, within the meaning of that Act:\n    (i) that was connected to a telecommunications network operated by a carrier within the meaning of that Act; and\n    (ii) in respect of the supply of which the person had obtained the carrier’s approval; and\n    (b) 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;\n  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.\n  (2) 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.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Pre‑existing numbers","content":"#### 13 Pre‑existing numbers\n\n  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.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Effect of standards determined under section 106 of the Telecommunications Act 1989","content":"#### 14 Effect of standards determined under section 106 of the Telecommunications Act 1989\n\n  A technical standard that, immediately before the repeal of section 106 of the 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:\n    (a) section 246 of the Telecommunications Act 1991 had commenced on the day when the standard was determined; and\n    (b) the standard had been determined under section 246 of the Telecommunications Act 1991.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Pre‑existing authorities for connection of customer equipment","content":"#### 15 Pre‑existing authorities for connection of customer equipment\n\n  Where, immediately before the commencement of Part 12 of the 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:\n    (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\n    (b) 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.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Pre‑existing licences for performing cabling work","content":"#### 16 Pre‑existing licences for performing cabling work\n\n  Where, immediately before the commencement of Part 12 of the 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:\n    (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\n    (b) 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.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Pre‑existing delegations by AUSTEL","content":"#### 17 Pre‑existing delegations by AUSTEL\n\n  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.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Continuation of investigations","content":"#### 18 Continuation of investigations\n\n  (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.\n  (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.\n  (3) Part 6 of the Telecommunications Act 1989 continues in force for the purposes of this section.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Existing members and associate members of AUSTEL","content":"#### 19 Existing members and associate members of AUSTEL\n\n  (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:\n    (a) section 368 of the Telecommunications Act 1991 had been in force when the appointment was made; and\n    (b) the person had been appointed under that section.\n  (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:\n    (a) section 369 of the Telecommunications Act 1991 had been in force when the appointment was made; and\n    (b) the person had been appointed under that section.\n  (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:\n    (a) subsection 369(2) of the Telecommunications Act 1991 had been in force when the direction was given; and\n    (b) the directions had been given under that subsection.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Existing regulations under Telecommunications Act 1989","content":"#### 20 Existing regulations under Telecommunications Act 1989\n\n  (1) Subject to subsection (3), any regulations made under section 185 of the 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.\n  (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.\n  (3) This section does not apply to a regulation the making of which would not be authorised by the Telecommunications Act 1991.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Existing regulations under Telecommunications (Application Fees) Act 1989","content":"#### 21 Existing regulations under Telecommunications (Application Fees) Act 1989\n\n  (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.\n  (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.\n  (3) This section does not apply to a regulation the making of which would not be authorised by the Telecommunications (Application Fees) Act 1991.","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Application of State and Territory laws to Telecom","content":"#### 22 Application of State and Territory laws to Telecom\n\n  (1) Subject to section 59 of the 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.\n  (2) Subsection (1) applies only in relation to the period beginning at the commencement of this section and ending immediately before the commencement of section 116 of the Telecommunications Act 1991.","sortOrder":23},{"sectionNumber":"Part 3","sectionType":"part","heading":"Repeals","content":"## Part 3—Repeals","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Repeal of regulatory legislation","content":"#### 23 Repeal of regulatory legislation\n\n  The Telecommunications Act 1989 and the Telecommunications (Application Fees) Act 1989 are repealed.","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Repeal of Acts relating to Telecom and OTC","content":"#### 24 Repeal of Acts relating to Telecom and OTC\n\n  The Australian Telecommunications Corporation Act 1989 and the OTC Act 1946 are repealed.","sortOrder":26},{"sectionNumber":"Part 4","sectionType":"part","heading":"Amendments consequential on Telecommunications Act 1991","content":"## Part 4—Amendments consequential on Telecommunications Act 1991","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Amendments consequential on new regulatory legislation","content":"#### 25 Amendments consequential on new regulatory legislation\n\n  The Acts specified in Schedule 1 are amended as set out in that Schedule.","sortOrder":28},{"sectionNumber":"Part 5","sectionType":"part","heading":"Amendments consequential on Australian and Overseas Telecommunications Corporation Act 1991","content":"## Part 5—Amendments consequential on Australian and Overseas Telecommunications Corporation Act 1991","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Amendments consequential on formation of AOTC","content":"#### 26 Amendments consequential on formation of AOTC\n\n  The Acts specified in Schedule 2 are amended as set out in that Schedule.\n\nSchedule 1—Amendments consequential on Telecommunications Act 1991\n\nSection 25\n\nAUSSAT Act 1984\n\nSection 3 (definition of Corporation)\n\nOmit the definition.\n\nSection 4\n\nOmit “1989”, substitute “1991”.\n\nSections 10, 10A and 10B\n\nRepeal the sections.\n\nSection 10C\n\nOmit “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”.\n\nSections 11, 12 and 17\n\nRepeal the sections.\n\nAustralian Broadcasting Corporation Act 1983\n\nSection 3 (definition of telegraph line)\n\nOmit “1989”, substitute “1991”.\n\nSubsection 77(2)\n\nOmit the subsection, substitute:\n\n  (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.\n\nAustralian Postal Corporation Act 1989\n\nSection 11\n\nOmit “1989”, substitute “1991”.\n\nAustralian Telecommunications Corporation Act 1989\n\nSection 4\n\nOmit “1989”, substitute “1991”.\n\nSection 11\n\nOmit “1989”, substitute “1991”.\n\nParagraph 28(a)\n\nAdd at the end “and”.\n\nParagraph 28(b)\n\nOmit “45; and”, substitute “45.”.\n\nParagraph 28(c)\n\nOmit the paragraph.\n\nSection 30\n\nRepeal the section.\n\nParts 8 and 9\n\nRepeal the Parts.\n\nSections 96 and 97\n\nRepeal the sections.\n\nSection 102\n\nRepeal the section.\n\nBroadcasting Act 1942\n\nSubsection 4(1) (definition of telegraph line)\n\nOmit “1989”, substitute “1991”.\n\nSubsection 74(3)\n\nOmit the subsection, substitute:\n\n  (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.\n\nCrimes Act 1914\n\nSection 3 (definition of public authority under the Commonwealth)\n\nOmit “, and includes AUSSAT Pty Ltd and OTC Limited”.\n\nSubsection 76A(1)\n\nInsert:\n\n> carrier means:\n\n    (a) a general carrier within the meaning of the Telecommunications Act 1991; or\n    (b) a mobile carrier within the meaning of that Act; or\n    (c) a person who supplies eligible services within the meaning of that Act under a class licence issued under section 209 of that Act.\n\nSubsection 76D(1)\n\nAfter “Commonwealth”, insert “or by a carrier”.\n\nParagraph 76D(2)(a)\n\nAfter “Commonwealth”, insert “or by a carrier”.\n\nParagraph 76D(3)(a)\n\nAfter “Commonwealth”, insert “or by a carrier”.\n\nSection 76E\n\nAfter “Commonwealth”, insert “or by a carrier”.\n\nSection 85ZB (definitions of AUSSAT, carrier, OTC and Telecom)\n\nOmit the definitions.\n\nSection 85ZB\n\nInsert:\n\n> carrier means:\n\n    (a) a general carrier; or\n    (b) a mobile carrier; or\n    (c) a person who supplies eligible services under a class licence issued under section 209 of the Telecommunications Act 1991.\n\n> communication does not include a communication solely by means of radiocommunication.\n\n> telecommunications network means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both.\n\n> telecommunications service means a service for carrying telecommunications by means of guided or unguided electromagnetic energy or both.\n\nAfter section 85ZB\n\nInsert:","sortOrder":30},{"sectionNumber":"85ZBA","sectionType":"section","heading":"Interpretation—person acting for a general or mobile carrier","content":"#### 85ZBA Interpretation—person acting for a general or mobile carrier\n\n  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:\n    (a) the doing by that person of that thing; or\n    (b) any rental, fee or charge payable for or in relation to the doing by that person of that thing; or\n    (c) the operation by that person of a facility in connection with the doing of that thing; or\n    (d) a facility belonging to that person; or\n    (e) the operation by that person of a satellite;\n  taken to be a carrier.\n\nSection 85ZC\n\nOmit “1989”, substitute “1991”.\n\nSubsection 85ZK(2)\n\nOmit “section 114 of the Telecommunications Act 1989”, substitute “section 253 of the Telecommunications Act 1991”.\n\nSubsection 85ZKA(1)\n\n    (a) Omit “Telecom,” (first occurring), substitute “a carrier,”.\n    (b) Omit “supplied by Telecom,”, substitute “each of which is supplied by a carrier,”.\n\nParagraph 85ZKA(2)(a)\n\nOmit “section 114 of the Telecommunications Act 1989”, substitute “section 253 of the Telecommunications Act 1991”.\n\nOmbudsman Act 1976\n\nSubsections 6(4D) and (4E)\n\nOmit “Part 6 of the Telecommunications Act 1989”, substitute “Part 15 of the Telecommunications Act 1991”.\n\nSubsection 6(4F)\n\nOmit “1989”, substitute “1991”.\n\nOTC Act 1946\n\nSection 4\n\nOmit “1989”, substitute “1991”.\n\nSections 36, 37 and 38\n\nRepeal the sections.\n\nRadiocommunications Act 1983\n\nSubsection 3(1) (definition of radiocommunications transmitter)\n\nOmit “1989”, substitute “1991”.\n\nSubsection 3(1) (definition of receiver)\n\nOmit “1975”, substitute “1991”.\n\nParagraph 24(2)(f)\n\nOmit the paragraph.\n\nParagraphs 25(1)(j) and (k) and 35(4)(c) and (d)\n\nOmit “(which may include conditions for or in relation to giving effect to provisions of Division 1 of Part 3 of the Telecommunications Act 1989)”.\n\nParagraph 38(2)(c)\n\nOmit the paragraph.\n\nParagraphs 38(6)(b) and (c)\n\nOmit “(which may include conditions for or in relation to giving effect to provisions of Division 1 of Part 3 of the Telecommunications Act 1989)”.\n\nSatellite Communications Amendment Act 1988\n\nSection 3\n\nRepeal the section.\n\nSea Installations Act 1987\n\nSchedule\n\nOmit “Telecommunications Act 1989”, substitute “Telecommunications Act 1991”.\n\nTelecommunications (Interception) Act 1979\n\nSubsection 5(1) (definitions of carrier, Corporation, employee of the Corporation and Managing Director)\n\nOmit the definitions.\n\nSubsection 5(1)\n\nInsert:\n\n> carrier means:\n\n    (a) a general carrier within the meaning of the Telecommunications Act 1991; or\n    (b) a mobile carrier within the meaning of that Act; or\n    (c) a person who supplies eligible services within the meaning of that Act under a class licence issued under section 209 of that Act.\n\n> Managing Director, in relation to a carrier, means the chief executive officer (however described) of the carrier.\n\nSubsection 5(1) (definitions of equipment, facility and line)\n\nOmit “1989”, substitute “1991”.\n\nSubsection 5(1) (definitions of telecommunications network and telecommunications service)\n\nOmit the definitions, substitute:\n\n> 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.\n\n> 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.\n\nSubsection 5(3)\n\nOmit “1989”, substitute “1991”.\n\nSubsection 8(1)\n\nOmit “the Corporation” (wherever occurring), substitute “a carrier”.\n\nSubsections 11(1) and (2)\n\nOmit “the Corporation”, substitute “a carrier”.\n\nSubsection 11(8)\n\nOmit “the Corporation” (first occurring), substitute “a carrier”.\n\nParagraphs 11(8)(a) and (b)\n\nOmit “Corporation” (wherever occurring), substitute “carrier”.\n\nSubsection 11(10)\n\nOmit “the Corporation”, substitute “a carrier”.\n\nParagraph 11A(1)(a)\n\nOmit “the Corporation”, substitute “a carrier”.\n\nSubsection 11A(1)\n\nOmit “Corporation” (last occurring), substitute “carrier”.\n\nSubsection 11A(6)\n\nOmit “the Corporation” (first occurring), substitute “a carrier”.\n\nParagraphs 11A(6)(a) and (b)\n\nOmit “Corporation” (wherever occurring), substitute “carrier”.\n\nSection 15\n\nOmit “Corporation” (wherever occurring), substitute “carrier”.\n\nSection 20A\n\nOmit “the Corporation”, substitute “a carrier”.\n\nSection 20B\n\nOmit “the Corporation”, substitute “a carrier”.\n\nSubsection 21(6)\n\nOmit “the Corporation” (first occurring), substitute “a carrier”.\n\nParagraphs 21(6)(a) and (b)\n\nOmit “Corporation” (wherever occurring), substitute “carrier”.\n\nParagraph 21(8)(a)\n\nOmit “the Corporation”, substitute “a carrier”.\n\nSection 25\n\nOmit “Corporation” (wherever occurring), substitute “relevant carrier”.\n\nSchedule 2—Amendments consequential on Australian and Overseas Telecommunications Corporation Act 1991\n\nSection 26\n\nCrimes Act 1914\n\nSection 3 (definition of Commonwealth officer)\n\nOmit from subparagraphs (d)(i), (ii) and (iii) “, the Australian Telecommunications Corporation or OTC Limited”.\n\nFreedom of Information Act 1982\n\nSchedule 2 (Part II)\n\n    (a) Omit:\n    “Australian Telecommunications Corporation, in relation to documents in respect of its competitive commercial activities”.\n    (b) Omit:\n    “OTC Limited, in relation to documents in respect of its competitive commercial activities”.\n    (c) Insert:\n    “Australian and Overseas Telecommunications Corporation Limited, in relation to documents in respect of its competitive commercial activities”.\n\nSea Installations Act 1987\n\nSchedule\n\n    (a) Omit “Australian Telecommunications Corporation Act 1989” and “OTC Act 1946”.\n    (b) After “Air Navigation (Charges) Act 1952”, insert “Australian and Overseas Telecommunications Corporation Act 1991”.\n\nNote: On the commencement of the amendments of the Crimes Act 1914 made by section 25 of, and Schedule 1 to, this Act, the headings to sections 76D and 76E of that Act are altered by omitting “Commonwealth facility” and substituting “certain facilities”.","sortOrder":31}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title describes: it manages transitional provisions for the switch from the 1989 to 1991 telecommunications regulatory framework, and makes consequential amendments to other laws. The scope is consistent throughout — no provisions appear to expand beyond the stated purpose of facilitating an orderly regulatory transition and updating references across Commonwealth legislation."},"complexity_factors":["Requires cross-referencing multiple pieces of legislation simultaneously (Telecommunications Act 1989, Telecommunications Act 1991, AUSSAT Act 1984, OTC Act 1946, Crimes Act 1914, Telecommunications (Interception) Act 1979, and many others)","Staged commencement dates tied to external legislation (the Australian and Overseas Telecommunications Corporation Act 1991), creating timing dependencies","Multiple transitional deeming provisions (treating old licences, permits, delegations, committees and members 'as if' they were created under new law) require careful legal mapping","Consequential amendments spread across two schedules affecting over a dozen separate Acts","Specific carve-outs and exceptions within transitional provisions (e.g. section 7 excluding Divisions 2 and 3 of Part 5 and Parts 8 and 9 from deemed carrier status)","Norfolk Island territorial application complexity added retrospectively by 2016 amendments","Interplay between criminal law provisions and the redefinition of 'carrier' creates potential gaps or overlaps in law enforcement coverage during the transition period"],"plain_english_summary":"This Act is a legal-housekeeping measure that smoothed Australia’s 1991 telecommunications overhaul by preserving licences, permits, standards and administrative arrangements so carriers kept operating without legal gaps while the new Telecommunications Act took effect.\n\nIt also repealed obsolete telecom Acts and updated references across many statutes (crime/interception, broadcasting, FOI, ombudsman, radiocomms), affecting government agencies, regulators and telcos; for the public its main effect was uninterrupted service, and it’s largely of historical interest."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1991 Act was purely transitional and consequential—intended to bridge the gap between the 1989 and 1991 regulatory regimes and facilitate the Telecom/OTC merger. However, the inclusion of section 3(3) regarding Norfolk Island and the Territories Legislation Amendment Act 2016 indicates the Act was amended decades later (around 2016) to address territorial application issues, extending its scope beyond the original 1991 transition period. This suggests the Act has been used as a vehicle for ongoing technical amendments rather than remaining a static transitional measure."},"complexity_factors":["Heavy cross-referencing between the 1989 and 1991 Telecommunications Acts, requiring readers to track provisions across multiple repealed and current statutes","Multiple defined terms with conditional meanings (e.g., 'corporation to which this section applies' in section 7)","Staggered commencement dates across five different Parts (Royal Assent, 1 July 1991, and a date fixed under another Act)","Nested transitional provisions that convert old permissions into new ones with specific conditions attached (sections 11-16)","Extensive consequential amendments in Schedules 1 and 2 affecting over a dozen other Acts, requiring horizontal reading across multiple statutes","Specific carve-out for Norfolk Island in section 3(3) regarding the Territories Legislation Amendment Act 2016, indicating later amendments added complexity","Conditional continuity provisions (e.g., section 9 preserves section 69 of the 1989 Act only for pre-repeal conduct)"],"plain_english_summary":"This Act is a 'bridge' law that manages the switchover from Australia's old telecommunications system (under the 1989 laws) to the new one (under the 1991 Telecommunications Act). Think of it as the paperwork that keeps the lights on while the government restructures the phone companies.\n\n**What it does:**\n- **Keeps things running smoothly:** It ensures that phone companies (Telecom, OTC, AUSSAT) can keep operating while they apply for new licences under the 1991 system.\n- **Preserves existing rights:** If you already had a permit to connect equipment, a cabling licence, or a phone number allocation, this Act automatically converts those old permissions into new ones under the 1991 law.\n- **Transfers ongoing investigations and staff:** Any investigations or staff from the old regulator (AUSTEL) continue under the new rules.\n- **Cleans up the old laws:** It repeals the 1989 Telecommunications Act and related legislation, and updates dozens of other Acts to replace references to the old law with references to the new 1991 Act.\n- **Merges Telecom and OTC:** It facilitates the merger of Telecom and OTC into a single company (the Australian and Overseas Telecommunications Corporation, or AOTC, later known as Telstra).\n\n**Who it affects:**\n- Telecom, OTC, and AUSSAT (the major carriers at the time)\n- Existing licence holders and service providers\n- The regulator AUSTEL and its staff\n- Anyone with existing telecommunications permits or equipment approvals\n\n**Why it matters:**\nWithout this Act, the switch to the new telecommunications regime in 1991 would have created legal chaos—existing licences would have vanished, investigations would have stalled, and the phone network might have faced interruptions. This Act ensured continuity during a major industry restructuring that eventually led to the privatisation of Telstra and the modern competitive telecommunications market."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act is transitional in purpose: it does not expand substantive regulatory powers but carries existing rights, obligations and instruments from the 1989 framework into the Telecommunications Act 1991, repeals the old statutes (sections 23–24) and updates other laws to reference the new regime (Schedules 1–2). Its scope is continuity and legal mapping rather than novel regulatory coverage."},"complexity_factors":["Layered commencement dates and dependency on another Act for parts to commence (section 2(2)–(3))","Broad cross-referencing and mapping from the 1989 Acts to the 1991 Act (e.g. interpretation rule in section 3(2); regulation carry‑over in sections 20–21)","Numerous transitional converters preserving pre‑existing rights and instruments (licences, permits, advisory committees, delegations) into new statutory equivalents (sections 5–7, 11, 15–17, 19)","Preservation and completion of ongoing regulatory investigations and reports under the old Act (section 18)","Specific technical and operational carry‑overs (interconnection terms, numbering, standards, disclosure rules) requiring interpretive alignment across statutes (sections 8, 10, 13–14)","Large consequential amendment schedule affecting many unrelated Acts (Schedule 1 and Schedule 2), creating cascade effects across criminal, broadcasting, radiocommunications and interception laws","Ministerial discretion and administrative decisions retained or reallocated (e.g. Minister’s licence decision and Gazette notice in section 7(2))","Compliance burden concentrated on carriers and incumbent entities to reconcile approvals, class licences and cabling/capacity permits with the new statutory forms (sections 11–12, 15–16)","Preservation of existing regulations only where authorised under the new Act, requiring legal review to identify obsolete or impermissible regulations (sections 20(3), 21(3))","Defined entity substitutions and redefinitions (AUSSAT, OTC, Telecom, and the expanded concept of 'carrier' in schedules) change legal identity and obligations across many provisions"],"plain_english_summary":"The Act creates transitional rules and consequential amendments to transfer telecommunications regulation from the 1989 statutory regime into the Telecommunications Act 1991. Mechanically it preserves existing licences, permits, delegations, investigations and regulations, converts them into equivalents under the 1991 Act, repeals the old Acts and updates many other statutes to refer to the new regime. It affects carriers (including AUSSAT, OTC and Telecom), AUSTEL, licence‑holders and regulators by maintaining operational continuity while shifting legal references and administrative obligations to the 1991 framework."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-transitional-provisions-and-consequential-amendments-act-1991","history":"/api/acts/telecommunications-transitional-provisions-and-consequential-amendments-act-1991/history","analysis":"/api/acts/telecommunications-transitional-provisions-and-consequential-amendments-act-1991/analysis","conflicts":"/api/acts/telecommunications-transitional-provisions-and-consequential-amendments-act-1991/conflicts","importantCases":"/api/acts/telecommunications-transitional-provisions-and-consequential-amendments-act-1991/important-cases","documents":"/api/acts/telecommunications-transitional-provisions-and-consequential-amendments-act-1991/documents"}}