Part VIIBOffences relating to telecommunications

## Part VIIB—Offences relating to telecommunications 20 Section 85ZB (definition of carrier) Repeal the definition, substitute: > carrier means: (a) a carrier (within the meaning of the Telecommunications Act 1997); or (b) a carriage service provider (within the meaning of that Act). 21 Section 85ZB (definition of telecommunications network) Repeal the definition. 22 Section 85ZB (definition of telecommunications service) Repeal the definition. 23 Section 85ZBA Omit “general carrier or a mobile”. Note: The heading to section 85ZBA of the Crimes Act 1914 is altered by omitting “general or mobile”. 24 Section 85ZC Omit “Telecommunications Act 1991”, substitute “Telecommunications Act 1997”. 25 Section 85ZC Add at the end: (2) For the purposes of the application of the Telecommunications Act 1997 to this Part, it is to be assumed that a reference in that Act to communication does not include a reference to communication solely by means of radiocommunication. 26 Section 85ZD Omit “telecommunications service”, substitute “carriage service”. 27 Section 85ZE Omit “telecommunications service” (wherever occurring), substitute “carriage service”. Note: The heading to section 85ZE of the Crimes Act 1914 is altered by omitting “telecommunications services” and substituting “carriage services”. 28 Section 85ZF Omit “telecommunications service” (wherever occurring), substitute “carriage service”. 29 Subsection 85ZG(1) Omit “telecommunications service”, substitute “carriage service”. Note: The heading to section 85ZG of the Crimes Act 1914 is altered by omitting “telecommunications services” and substituting “carriage services”. 30 Subsection 85ZG(2) Omit “telecommunications service”, substitute “carriage service”. 31 Subsection 85ZK(2) Omit “section 253 of the Telecommunications Act 1991”, substitute “section 411 of the Telecommunications Act 1997”. 32 Subsection 85ZKA(1) Omit “telecommunications services”, substitute “carriage services”. 33 Paragraph 85ZKA(2)(a) Omit “section 253 of the Telecommunications Act 1991”, substitute “section 411 of the Telecommunications Act 1997”. 34 Paragraph 85ZKA(2)(b) Omit “telecommunications service”, substitute “carriage service”. Lands Acquisition Act 1989 35 Paragraph 12(3)(c) Repeal the paragraph, substitute: (c) alter the position of any electricity cable or wire; or (d) alter the position of any line (within the meaning of the Telecommunications Act 1997); 36 Subsection 12(3) Omit “or wire”, substitute “, wire or line”. Legislative Instruments Act 1997 37 Schedule 2 (table row relating to the Radiocommunications (Permit Tax) Act 1983) Repeal the row. 38 Schedule 2 (table rows relating to the Telecommunications Act 1991, the Telecommunications (Application Fees) Act 1991 and the Telecommunications (Carrier Licence Fees) Act 1991) Repeal the rows, substitute: | Telecommunications Act 1997 | | ----------------------------------------------------- | | Telecommunications (Carrier Licence Charges) Act 1997 | 39 Schedule 2 (table rows relating to the Telecommunications (Numbering Fees) Act 1991, the Telecommunications (Public Mobile Licence Charge) Act 1992 and the Telecommunications (Universal Service Levy) Act 1991) Repeal the rows, substitute: | Telecommunications (Numbering Charges) Act 1997 | | ---------------------------------------------------- | | Telecommunications (Universal Service Levy) Act 1997 | Ombudsman Act 1976 40 Subsections 6(4D) and (4E) Omit “AUSTEL” (wherever occurring), substitute “the ACA”. 41 Subsections 6(4D) and (4E) Omit “Part 15 of the Telecommunications Act 1991” (wherever occurring), substitute “Part 26 of the Telecommunications Act 1997”. 42 Subsection 6(4F) Repeal the subsection, substitute: (4F) In subsections (4D) and (4E): > ACA means the Australian Communications Authority. Radiocommunications Taxes Collection Act 1983 43 Section 4 (paragraph (a) of the definition of tax) Repeal the paragraph. 44 Subsection 7A(1) Omit “SMA”, substitute “ACA”. 45 Section 10A Omit “SMA”, substitute “ACA”. 46 Transitional—determinations (1) This item applies to a determination that was in force under section 7A of the Radiocommunications Taxes Collection Act 1983 immediately before the commencement of this item. (2) The Radiocommunications Taxes Collection Act 1983 has effect, after the commencement of this item, as if the determination had been made by the ACA under section 7A of the Radiocommunications Taxes Collection Act 1983 as amended by this Act. (3) This item does not prevent the variation or revocation of the determination. 47 Transitional—arrangements (1) This item applies to an arrangement that was in force under section 10A of the Radiocommunications Taxes Collection Act 1983 immediately before the commencement of this item. (2) The Radiocommunications Taxes Collection Act 1983 has effect, after the commencement of this item, as if the arrangement had been entered into by the ACA under section 10A of the Radiocommunications Taxes Collection Act 1983 as amended by this Act. (3) This item does not prevent the variation or termination of the arrangement. Sea Installations Act 1987 48 Schedule Omit “Telecommunications Act 1991”, substitute “Telecommunications Act 1997”. Special Broadcasting Service Act 1991 49 Subsection 72(3) Omit all the words after “imposed on a”, substitute “carrier under Schedule 3 to the Telecommunications Act 1997 to install or maintain a facility”. 50 At the end of section 72 Add: (4) In subsection (3): > carrier has the same meaning as in the Telecommunications Act 1997. > facility has the same meaning as in the Telecommunications Act 1997. > maintenance, in relation to a facility, has the same meaning as in clause 7 of Schedule 3 to the Telecommunications Act 1997. Telecommunications (Interception) Act 1979 51 Subsection 5(1) (definition of carrier) Repeal the definition, substitute: > carrier means: (a) a carrier (within the meaning of the Telecommunications Act 1997); or (b) a carriage service provider (within the meaning of that Act). 52 Subsection 5(1) (definition of equipment) Repeal the definition, substitute: > equipment means any apparatus or equipment used, or intended for use, in or in connection with a telecommunications network, but does not include a line. 53 Subsection 5(1) (definition of facility) Repeal the definition, substitute: > facility has the same meaning as in the Telecommunications Act 1997. 54 Subsection 5(1) (definition of line) Repeal the definition, substitute: > line has the same meaning as in the Telecommunications Act 1997. 55 Subsection 5(3) Repeal the subsection, substitute. (3) For the purposes of this Act, the question whether equipment, or a line or other facility, is connected to a telecommunications network is to be determined in the same manner as that question is determined for the purposes of the Telecommunications Act 1997. Telstra Corporation Act 1991 56 Section 3 Insert: > ACA means the Australian Communications Authority. 57 Section 3 Insert: > ACCC means the Australian Competition and Consumer Commission. 58 Subsection 9(4) Omit “or order made, by AUSTEL”, substitute “made, by the ACA”. 59 Subsection 9(4) Omit “Telecommunications Act 1991”, substitute “Telecommunications Act 1997”. 60 Subsection 19(1) (definition of carrier charge) Repeal the definition, substitute: > carrier charge means: (a) a charge for a carriage service, or a content service, supplied by a carrier; or (b) a charge for a facility supplied by a carrier. 61 Subsection 19(2) Omit “Telecommunications Act 1991”, substitute “Telecommunications Act 1997”. 62 Section 22 Omit “AUSTEL” (wherever occurring), substitute “the ACCC”. 63 Subsection 24(2) Omit “AUSTEL”, substitute “the ACCC”. 64 Subsection 24(3) Omit “AUSTEL”, substitute “The ACCC”. 65 Subsection 24(4) Omit “AUSTEL’s”, substitute “the ACCC’s”. 66 Transitional—certain acts of AUSTEL to be attributed to the ACCC (1) This item applies to anything done by, or in relation to, AUSTEL under section 22 or 24 of the Telstra Corporation Act 1991 before the commencement of this item. (2) The Telstra Corporation Act 1991 has effect, after the commencement of this item, as if the thing had been done by, or in relation to, the ACCC. Schedule 2—Amendment of the Radiocommunications Act 1992 Radiocommunications Act 1992 Part 1—Merger of the SMA and the ACA 1 Paragraph 4(e) Omit all the words after “enforcement of this”, substitute “Act.” 2 Section 5 Insert: > ACA means the Australian Communications Authority. 3 Section 5 (definition of SMA) Repeal the definition. 4 Subsection 231(2) Repeal the subsection, substitute: (2) Part 5.1 provides for the ACA to delegate certain powers to authorities of the Commonwealth. 5 Part 5.1 (heading) Repeal the heading, substitute: