Div 3Powers, Functions and Duties of the Commission.

Division 3.—Powers, Functions and Duties of the Commission. General functions and duties of Commission. 34. For the purposes of this Act and subject to the provisions of this Act, the Commission may do all that is necessary or convenient to be done for, or as incidental to, in relation to, or in connexion with— (a) the establishment, maintenance and operation in Australia by the Commission of cable and radiotelegraph services (whichever means of communication is applicable) for the conduct of public communications between— (i) Australia and other countries, (ii) Australia and ships at sea, (iii) Australia and commercial or private aircraft (exeept aircraft trading or operating exclusively within Australia), (iv) the Commonwealth and any territory under the authority of the Commonwealth (not being part of the Commonwealth), and (v) any territories under the authority of the Commonwealth (not being part of the Commonwealth); (b) the establishment and maintenance in Australia by the Commission of radio transmitting and receiving apparatus to permit of the conduct of overseas telephone services in respect of public communications; (c) the establishment, maintenance and operation in Australia by the Commission of any other radiocommunication services in respect of which a licence is granted in pursuance of the Wireless Telegraphy Act 1905–1936; (d) all further developments of cable or radio transmission or reception for overseas telecommunication purposes in Australia as related to public communications, including the establishment, maintenance and operation of overseas facsimile services; (e) the conduct of investigations and researches with the object of improving the efficiency of the overseas telecommunication services generally; and (f) the maintenance of overseas telecommunication assets in Australia or the maintenance or operation of telecommunication assets and services in regional areas adjacent to Australia which are owned by a national body established by any of the Partner Governments, other than the Commonwealth, and in respect of which that body has arranged for the Commission to act as its agent in performing this work, on terms agreed upon between the Commission and the body concerned. Commission to comply with International Telecommunication Conventions, &c. 35.—(1.) In establishing, maintaining or operating the services specified in the last preceding section, the Commission shall comply, on behalf of the Commonwealth, with the provisions of any International Telecommunication Convention, or International Convention for the Safety of Life at Sea or in the Air, to which the Commonwealth is a party, in so far as those provisions impose obligations on the Commonwealth. (2.) Terminal or transit or land-line charges accruing to the Commonwealth under the provisions of any International Telecommunication Convention to which it is a party shall be paid over by the Commission to the Department of the Postmaster-General on all messages or communications received at or despatched from the stations controlled by the Commission. Duty of Commission in relation to the Agreement. 36. Upon the Agreement being executed by or on behalf of the Commonwealth the Commission shall do all things necessary on its part to be done to give effect thereto. Commission to acquire overseas telecommunication assets situate in Australia. 37.—(1.) The Commission shall acquire, in accordance with this Act, such of the overseas telecommunication assets owned, operated and maintained by the Company in Australia as are required by the Commission for the purposes specified in section thirty-four of this Act. (2.) Subject to the next succeeding sub-section, upon the purchase by His Majesty’s Government in the United Kingdom of all the shares of Cable and Wireless Limited, the Commission shall acquire, at a price in cash to be agreed between His Majesty’s Government in the United Kingdom and His Majesty’s Government in the Commonwealth, such of the cable communication assets of that Company as are situated in Australia, not being cable-heads or other assets which it is agreed to exclude for this purpose or which are not required for the purposes of this Act. (3.) If, by reason of the provisions of the Supplementary Agreement, His Majesty’s Government in the United Kingdom may have previously procured that Cable and Wireless Limited sell to the Commonwealth the assets of that Company situated in Australia, other than assets which it is agreed to exclude or which are not required for the purposes of this Act, those assets may be acquired by the Commission in such manner and at such price as are agreed or otherwise determined. (4.) Pending the establishment of the Commission, the Minister may exercise any power conferred on the Commission by this Part. (5.) Upon the establishment of the Commission, any property which has been acquired by the Minister under this section and is still held by him shall become the absolute property of, or be vested in, the Commission, as the case requires. Power to purchase and dispose of assets. 38.—(1.) Subject to this Act, the Commission may also—. (a) acquire by lease or purchase any land, buildings, easements or other property (whether real or personal), rights or privileges which it thinks necessary for the purposes of this Act; and (b) exchange, lease, dispose of, turn to account or otherwise deal with, any property, rights or privileges of the Commission. (2.) The Commission shall not, without the approval of the Minister— (a) acquire by purchase any land the cost of acquisition of which exceeds the sum of Five thousand pounds; (b) enter into any lease of land for a period exceeding five years; or (c) in any manner dispose of any property, right or privilege having an original or book value exceeding the sum of Five thousand pounds. (3.) The Commission shall not, without the consent of the Minister, enter into any contract in any case where the contract is for the supply, either directly or indirectly, from places outside Australia, of equipment or materials of a greater value than Five thousand pounds. General contractual powers of Commission. 39. Subject to this Act, the Commission may contract for the execution of any work or service authorized by this or any other Act to be executed by the Commission, in such manner, upon such terms, for such sums, and under such stipulations, conditions, and restrictions as the Commission thinks proper. Contracts by the Commission—how made. 40.—(1.) Any contract which, if made between private persons, would by law be required to be in writing and under seal, may be made by the Commission in writing in its corporate name under its common seal, and may be varied or discharged in the same manner. (2.) Any contract which, if made between private persons, would by law be required to be in writing and signed by the parties to be charged with the contract, may be made by the Commission in writing in its corporate name, and may be varied or discharged in the same manner. (3.) Every contract made according to the provisions contained in this section and duly executed by the parties to the contract respectively shall be effectual in law and shall be binding upon the Commission and all other parties to the contract, their successors, heirs, executors and administrators. Commission may compound for breach of contract. 41. The Commission may compound and agree with any person with whom any contract has been entered into by the Commission in pursuance of, or under the authority of, this Act, or against whom any action or suit is brought for any penalty contained in the contract, or in any bond or other security for the performance of the contract, or for or on account of any breach or non-performance of the contract, bond or security, for such sum of money or other consideration as the Commission thinks proper. Limitation of powers and application of Wireless Telegraphy and Post and Telegraph Acts and regulations 42. Nothing in this Act shall be construed to confer on the Commission any powers which, for the time being, are exercisable by the Minister for the time being administering the provisions of the Wireless Telegraphy Act 1905–1936 and the Post and Telegraph Act 1901–1934 and the regulations under those Acts, and those Acts and regulations shall, so far as applicable, apply to and in relation to the Commission in like manner as they apply to and in relation to other persons.