TELSTRA CORPORATION ACT 1991
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3A Merging entities; merged entity; merger day
- 3B Telstra body
- 4 Operating under a name
- 5 Subsidiaries
- 6 Extension of Act to external Territories
- 6A Application of the Criminal Code
- 7 Act binds the Crown
PART 2--COMMONWEALTH--OWNERSHIP OF TELSTRA
Division 1--Simplified outline
Division 4--Provisions relating to the sale by the Commonwealth of its shares in Telstra
- 8AJ Telstra sale scheme
- 8AJA Sale - scheme hybrid securities
- 8AK Exemption from stamp duty--transfer by the Commonwealth of its shares in Telstra etc.
- 8AKA Authorisation of borrowing--issue of sale - scheme hybrid securities
- 8AQ Assistance given by Telstra or the Board in connection with a Telstra sale scheme
- 8AR Giving of assistance--ancillary provisions
- 8AT Commonwealth to be bound by Chapters 6CA, 6D and 7 of the Corporations Act
- 8AU Alterations of Telstra's constitution before the minority - interest sale time
- 8AUA Alteration of Telstra's constitution after the minority - interest sale time
- 8AV Reduction of Telstra's share capital
Division 5--Miscellaneous
- 8AW Use by the Commonwealth of information obtained from Telstra or the Board
- 8AX Agreements relating to the protection of information obtained from Telstra or the Board
- 8AY Telstra's obligations to disclose information
- 8AYB Telstra to give information to the Minister about the level of non - Commonwealth ownership of shares in Telstra
- 8AYC Application of the Ombudsman Act 1976 to Telstra
- 8AYD Controlling interest in Telstra
- 8AZ Rights of Telstra's shareholders, debenture holders and creditors to be subject to this Act
- 8BA Compensation--constitutional safety net
- 8BB Delegation
- 8BC Provision to attract the corporations power and the communications power
PART 2A--RESTRICTIONS--ON OWNERSHIP OF TELSTRA SUCCESSOR COMPANIES
Division 1--Simplified outline
Division 2--Definitions in Schedule
Division 3--Extra-territorial operation
- 8BF Extra - territorial operation
Division 4--Limit on foreign ownership
- 8BG Meaning of unacceptable foreign - ownership situation
- 8BH Acquisitions of shares
- 8BI Compliance by Telstra successor companies
- 8BJ Remedial orders
Division 6--Anti-avoidance
Division 7--Record-keeping and giving of information
- 8BN Record - keeping and giving of information
- 8BO Incorrect records
Division 8--Head office, base of operations and place of incorporation of a Telstra successor company
- 8BQ Head office to be in Australia
- 8BR Base of operations to be in Australia
- 8BS Telstra successor companies to remain incorporated in Australia
Division 9--Citizenship of Chairperson and directors of Telstra successor companies
- 8BT Chairperson must be an Australian citizen
- 8BU Majority of directors must be Australian citizens
- 8BUA At least 2 directors must have knowledge of, or experience in, the communications needs of regional, rural or remote areas
Division 10--Miscellaneous
- 8BW Concurrent operation of State/Territory laws
- 8BX Validity of acts done in contravention of this Part
- 8BY Winding - up of Telstra successor companies not prevented by this Act
- 8BZ Acquisition of property
- 8CA Review of decisions by Administrative Appeals Tribunal
- 8CB Delegation
- 8CC Provision to attract the corporations power and the communications power
PART 2AA--ANTI---AVOIDANCE
PART 2B--REMEDIAL--PROVISIONS
Division 1--Injunctions
- 8CD Injunctions
- 8CE Interim injunctions
- 8CF Discharge etc. of injunctions
- 8CG Certain limits on granting injunctions not to apply
- 8CH Other powers of the court unaffected
Division 2--Prosecutions
- 8CI Prosecutions of corporations
- 8CJ Prosecutions of persons other than corporations
- 8CK Service of summons or process on foreign corporations--criminal proceedings
- 8CL Indictable offences
PART 2C--RE---AFFIRMATION OF THE UNIVERSAL SERVICE OBLIGATION AND THE CUSTOMER SERVICE GUARANTEE
- 8CM Re - affirmation of universal service obligation
- 8CN Re - affirmation of the customer service guarantee
PART 3A--TRANSITIONAL--PROVISIONS RELATING TO THE SALE BY THE COMMONWEALTH OF ITS REMAINING EQUITY INTEREST IN TELSTRA
Division 1--Long service leave
- 9A Interpretation
- 9B Long service leave for employees with less than 10 years service
- 9C Payments in lieu of long service leave for employees with less than 10 years service
- 9D Payments on the death of an employee
- 9E Employee's long service leave credit for the purposes of sections 9B and 9C
- 9F Division not to affect an employee's post - sale long service leave rights
- 9G Saving--Long Service Leave Act
- 9H Operation of section 128A of the SRC Act
Division 3--Retirement benefits
Division 4--Other transitional and saving provisions
PART 4--TELSTRA--TO BE SUCCESSOR OF TELECOM AND OTC
- 10 Extra - territorial operation of Part
- 11 Vesting of property, rights and liabilities
- 12 Determination of Telstra's initial capital
- 13 Merger fee not to be charged
PART 5--USE--OF CERTAIN NAMES
- 14 Protected body may operate under protected business name
- 15 Other persons not to use protected names
- 16 Exceptions for pre - existing rights
- 17 Use of other names by protected bodies
- 18 Effect on State and Territory laws
PART 7--APPLICATION--OF LAWS TO TELSTRA
Division 1--General
- 26 Telstra not public authority etc.
- 27 Exemption from taxes and charges
- 28 Merged entity taken to be the same body, for tax purposes, as merging entities
Division 2--Application of Commonwealth laws
- 29 General application of Commonwealth laws
- 30 Lands Acquisition Act
- 31 Public Works Committee Act
- 32 Corporations Act
Division 3--Application of State and Territory Laws
- 33 Laws relating to buildings, structures and facilities
- 34 Environment protection laws
PART 8--MISCELLANEOUS
- 35 Certain instruments to continue in force
- 36 Audit
- 37 Pending proceedings
- 38 Registration of interests in land
- 39 Transfer to Telstra of employees of former corporation
- 40 Judicial notice of seals
- 41 Compensation for acquisition of property
- 42 Regulations
