85ZBA

85ZBA Interpretation—person acting for a general or mobile carrier

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: (a) the doing by that person of that thing; or (b) any rental, fee or charge payable for or in relation to the doing by that person of that thing; or (c) the operation by that person of a facility in connection with the doing of that thing; or (d) a facility belonging to that person; or (e) the operation by that person of a satellite; taken to be a carrier.

Section 85ZC

Omit “1989”, substitute “1991”.

Subsection 85ZK(2)

Omit “section 114 of the Telecommunications Act 1989”, substitute “section 253 of the Telecommunications Act 1991”.

Subsection 85ZKA(1)

(a) Omit “Telecom,” (first occurring), substitute “a carrier,”.
(b) Omit “supplied by Telecom,”, substitute “each of which is supplied by a carrier,”.

Paragraph 85ZKA(2)(a)

Omit “section 114 of the Telecommunications Act 1989”, substitute “section 253 of the Telecommunications Act 1991”.

Ombudsman Act 1976

Subsections 6(4D) and (4E)

Omit “Part 6 of the Telecommunications Act 1989”, substitute “Part 15 of the Telecommunications Act 1991”.

Subsection 6(4F)

Omit “1989”, substitute “1991”.

OTC Act 1946

Section 4

Omit “1989”, substitute “1991”.

Sections 36, 37 and 38

Repeal the sections.

Radiocommunications Act 1983

Subsection 3(1) (definition of radiocommunications transmitter)

Omit “1989”, substitute “1991”.

Subsection 3(1) (definition of receiver)

Omit “1975”, substitute “1991”.

Paragraph 24(2)(f)

Omit the paragraph.

Paragraphs 25(1)(j) and (k) and 35(4)(c) and (d)

Omit “(which may include conditions for or in relation to giving effect to provisions of Division 1 of Part 3 of the Telecommunications Act 1989)”.

Paragraph 38(2)(c)

Omit the paragraph.

Paragraphs 38(6)(b) and (c)

Omit “(which may include conditions for or in relation to giving effect to provisions of Division 1 of Part 3 of the Telecommunications Act 1989)”.

Satellite Communications Amendment Act 1988

Section 3

Repeal the section.

Sea Installations Act 1987

Schedule

Omit “Telecommunications Act 1989”, substitute “Telecommunications Act 1991”.

Telecommunications (Interception) Act 1979

Subsection 5(1) (definitions of carrier, Corporation, employee of the Corporation and Managing Director)

Omit the definitions.

Subsection 5(1)

Insert:

carrier means:

(a) a general carrier within the meaning of the Telecommunications Act 1991; or
(b) a mobile carrier within the meaning of that Act; or
(c) a person who supplies eligible services within the meaning of that Act under a class licence issued under section 209 of that Act.

Managing Director, in relation to a carrier, means the chief executive officer (however described) of the carrier.

Subsection 5(1) (definitions of equipment, facility and line)

Omit “1989”, substitute “1991”.

Subsection 5(1) (definitions of telecommunications network and telecommunications service)

Omit the definitions, substitute:

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.

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.

Subsection 5(3)

Omit “1989”, substitute “1991”.

Subsection 8(1)

Omit “the Corporation” (wherever occurring), substitute “a carrier”.

Subsections 11(1) and (2)

Omit “the Corporation”, substitute “a carrier”.

Subsection 11(8)

Omit “the Corporation” (first occurring), substitute “a carrier”.

Paragraphs 11(8)(a) and (b)

Omit “Corporation” (wherever occurring), substitute “carrier”.

Subsection 11(10)

Omit “the Corporation”, substitute “a carrier”.

Paragraph 11A(1)(a)

Omit “the Corporation”, substitute “a carrier”.

Subsection 11A(1)

Omit “Corporation” (last occurring), substitute “carrier”.

Subsection 11A(6)

Omit “the Corporation” (first occurring), substitute “a carrier”.

Paragraphs 11A(6)(a) and (b)

Omit “Corporation” (wherever occurring), substitute “carrier”.

Section 15

Omit “Corporation” (wherever occurring), substitute “carrier”.

Section 20A

Omit “the Corporation”, substitute “a carrier”.

Section 20B

Omit “the Corporation”, substitute “a carrier”.

Subsection 21(6)

Omit “the Corporation” (first occurring), substitute “a carrier”.

Paragraphs 21(6)(a) and (b)

Omit “Corporation” (wherever occurring), substitute “carrier”.

Paragraph 21(8)(a)

Omit “the Corporation”, substitute “a carrier”.

Section 25

Omit “Corporation” (wherever occurring), substitute “relevant carrier”.

Schedule 2—Amendments consequential on Australian and Overseas Telecommunications Corporation Act 1991

Section 26

Crimes Act 1914

Section 3 (definition of Commonwealth officer)

Omit from subparagraphs (d)(i), (ii) and (iii) “, the Australian Telecommunications Corporation or OTC Limited”.

Freedom of Information Act 1982

Schedule 2 (Part II)

(a) Omit:
“Australian Telecommunications Corporation, in relation to documents in respect of its competitive commercial activities”.
(b) Omit:
“OTC Limited, in relation to documents in respect of its competitive commercial activities”.
(c) Insert:
“Australian and Overseas Telecommunications Corporation Limited, in relation to documents in respect of its competitive commercial activities”.

Sea Installations Act 1987

Schedule

(a) Omit “Australian Telecommunications Corporation Act 1989” and “OTC Act 1946”.
(b) After “Air Navigation (Charges) Act 1952”, insert “Australian and Overseas Telecommunications Corporation Act 1991”.

Note: 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”.