CTHIn ForceAct
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
40Certain mobile services supplied by Telstra
Start here
Get a plain-English read of 40
Turn the raw legal text into a practical explanation grounded in Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997.
#### 40 Certain mobile services supplied by Telstra
(1) This section applies to an eligible service if, immediately before 1 July 1997, Telstra was obliged, by clause 4.1 of its public mobile licence, to supply the service on request.
(2) In determining, for the purposes of Part XIC of the Trade Practices Act 1974, whether a standard access obligation is imposed on Telstra before 1 January 2000 in relation to the service in a case where the access seeker is an existing mobile licensee, that Part has effect as if the service were a declared service.
(3) This section does not prevent the service from being declared by the ACCC under section 152AL of the Trade Practices Act 1974 to be a declared service.
(4) In this section:
> ACCC means the Australian Competition and Consumer Commission.
> access seeker has the same meaning as in Part XIC of the Trade Practices Act 1974.
> eligible service has the same meaning as in section 152AL of the Trade Practices Act 1974.
> existing mobile licensee means a person who held a public mobile licence immediately before 1 July 1997.
> public mobile licence has the same meaning as in the Telecommunications Act 1991.
> standard access obligation has the same meaning as in Part XIC of the Trade Practices Act 1974.
> Telstra has the same meaning as in the Telstra Corporation Act 1991.