8CN Re‑affirmation of the customer service guarantee
(1) The Parliament re‑affirms its intention that the Minister will take all reasonable steps to ensure that:
(a) the ACMA continues to make performance standards to be complied with by carriage service providers in relation to customer service; and
(b) if a carriage service provider contravenes a performance standard, the carriage service provider will continue to be liable to pay damages to the customer for the contravention.
(2) An expression used in this section and in Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 has the same meaning in this section as it has in that Part.
37 Paragraph 9(3)(b) of the Schedule
Omit “in relation to an issue of shares in Telstra”.
38 After subclause 12(4A) of the Schedule
Insert:
(4AA) For the purposes of subclause (4A), if a share in Telstra is an investment of the Future Fund or the Communications Fund, the share is taken to be held by a person other than the Commonwealth.
(4AB) For the purposes of subclause (4A), if:
(a) a share in Telstra is held by the Commonwealth; and
(b) the share is specified in a written declaration made by the Minister for Finance under this paragraph;
the share is taken to be held by a person other than the Commonwealth.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
39 Subclause 12(4B) of the Schedule
Omit “subclause (4A)”, substitute “subclauses (4A), (4AA) and (4AB)”.
40 At the end of clause 12 of the Schedule
Add:
(8) A declaration under paragraph (4AB)(b) is a legislative instrument for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act does not apply to the declaration.
Part 2—Amendments commencing on the designated day
(va) decisions of Telstra Corporation Limited or a company that is a subsidiary of that company;
Archives Regulations
42 Regulation 2A
Repeal the regulation.
Australian Security Intelligence Organisation Act 1979
43 Section 4
Insert:
carriage service provider has the same meaning as in the Telecommunications Act 1997.
44 Section 4
Insert:
carrier has the same meaning as in the Telecommunications Act 1997.
45 Subsection 26(8)
Omit “controlled by Telstra Corporation Limited”, substitute “operated by a carrier or a carriage service provider”.
46 Subsection 27A(5)
Omit “controlled by Telstra Corporation Limited”, substitute “operated by a carrier or a carriage service provider”.
Freedom of Information Act 1982
47 Division 1 of Part II of Schedule 2
Omit “Telstra Corporation Limited in relation to documents in respect of its commercial activities”.
Freedom of Information (Miscellaneous Provisions) Regulations 1982
48 Schedule 1
Omit “Telstra Corporation Limited”.
49 Schedule 2 (table item 125A)
Repeal the item.
50 Schedule 3 (table item 12)
Repeal the item.
51 Transitional—requests under the Freedom of Information Act 1982
(1) If:
(a) before the commencement of this item, a request was made under the Freedom of Information Act 1982 (the FOI Act) for access to a document in the possession of Telstra; and
(b) the request had not been finally disposed of under the FOI Act immediately before the commencement of this item;
then:
(c) the FOI Act and the regulations under the FOI Act have effect after the commencement of this item, in relation to the request, as if:
(i) Telstra were an agency (within the meaning of the FOI Act); and
(ii) the FOI Act and the Freedom of Information (Miscellaneous Provisions) Regulations had not been amended by this Part; and
(d) the Administrative Appeals Tribunal Act 1975 has effect after the commencement of this item, in relation to a decision in connection with the request, as if:
(i) Telstra were an agency (within the meaning of the FOI Act); and
(ii) the FOI Act and the Freedom of Information (Miscellaneous Provisions) Regulations had not been amended by this Part.
(2) If:
(a) before the commencement of this item, a person had:
(i) applied under the Administrative Appeals Tribunal Act 1975 (the AAT Act) for a review of a decision of Telstra made under the Freedom of Information Act 1982 in relation to a particular document; or
(ii) requested under the AAT Act a statement of reasons for such a decision; and
(b) the application or request had not been finally disposed of under the AAT Act before the commencement of this item;
the AAT Act has effect after the commencement of this item, in relation to the application or request, as if:
(c) Telstra were an agency (within the meaning of the Freedom of Information Act 1982); and
(d) the Freedom of Information Act 1982 and the Freedom of Information (Miscellaneous Provisions) Regulations had not been amended by this Part.
56 Transitional—complaints and investigations under the Ombudsman Act 1976
(1) If:
(a) before the commencement of this item, a complaint was made to the Ombudsman under the Ombudsman Act 1976 in relation to action taken by Telstra; and
(b) immediately before the commencement of this item, the Ombudsman had not finally disposed of the matter in accordance with that Act;
the Ombudsman Act 1976 and the regulations under the Ombudsman Act 1976 have effect after the commencement of this item, in relation to the complaint, as if:
(c) Telstra were a prescribed authority (within the meaning of the Ombudsman Act 1976); and
(d) the Ombudsman Regulations 1977 had not been amended by this Part.
(2) If:
(a) before the commencement of this item, the Ombudsman commenced an investigation under the Ombudsman Act 1976 in relation to action taken by Telstra; and
(b) immediately before the commencement of this item, the Ombudsman had not finally disposed of the matter in accordance with that Act;
the Ombudsman Act 1976 and the regulations under the Ombudsman Act 1976 have effect after the commencement of this item, in relation to the investigation, as if:
(c) Telstra were a prescribed authority (within the meaning of the Ombudsman Act 1976); and
(d) the Ombudsman Regulations 1977 had not been amended by this Part.
Telstra Corporation Act 1991
57 Section 3
Insert:
designated day means the day declared under section 3 of the Telstra (Transition to Full Private Ownership) Act 2005.
58 Section 3
Insert:
employee includes apprentice.
59 Section 3
Insert:
Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the third anniversary of the designated day.
60 Section 3
Insert:
Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973 as in force immediately before the designated day.
61 Section 3
Insert:
SRC Act means the Safety, Rehabilitation and Compensation Act 1988.
62 Section 3
Insert:
Telstra body:
(a) in Divisions 1, 2 and 3 of Part 3A—has the meaning given by subsection 3B(1); and
(b) in the remaining provisions of this Act—has the meaning given by subsection 3B(2).