TELSTRA CORPORATION ACT 1991
TELSTRA CORPORATION ACT 1991
TABLE OF PROVISIONS
Long Title
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
8AA. 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
8BD. Simplified outline
Division 2--Definitions in Schedule
8BE. 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
8BM. 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
8CCA. 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
Division 2--Operation of the Safety, Rehabilitation and Compensation Act 1988
9H. Operation of section 128A of the SRC Act
Division 3--Retirement benefits
9J. Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
9K. Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973
9L. Application of the Superannuation Act 1976
Division 4--Other transitional and saving provisions
9M. Telstra employees not on maternity leave immediately before the designated day
9N. Telstra employees on maternity leave on the designated day
9P. Saving-- Crimes (Superannuation Benefits) Act 1989
9Q. Saving-- Director of Public Prosecutions Act 1983
9R. Refund of part of fee paid under section 104A of the SRC Act
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
SCHEDULE Ownership definitions
