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TELSTRA CORPORATION ACT 1991 - SECT 8AW

Use by the Commonwealth of information obtained from Telstra or the Board

             (1)  This section applies to information obtained under repealed Division 3 or under section 8AQ.

             (2)  The Commonwealth, or an associated person, may use the information for a purpose in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme.

             (3)  The Commonwealth, or an associated person, may disclose the information for a purpose in connection with the formulation, entering into, or carrying out, of a Telstra sale scheme.

             (4)  If subsection (2) or (3) does not apply, the Commonwealth, or an associated person, may use or disclose the information for a purpose in connection with the Commonwealth's capacity as a shareholder in Telstra, so long as the use or disclosure does not involve giving the information to a person who is not an associated person.

             (5)  To avoid doubt, the use or disclosure of information as mentioned in subsection (2), (3) or (4) does not result in a contravention of, or give rise to a liability or remedy under:

                     (a)  a provision of the Corporations Act 2001 ; or

                    (ab)  if Telstra is a listed disclosing entity--the listing rules of a listing market in relation to Telstra; or

                     (b)  a rule of common law or equity (other than a rule of administrative law).

             (6)  In this section:

"associated person" means:

                     (a)  a Minister; or

                     (b)  an individual who holds an office under, or is employed by, the Commonwealth; or

                     (c)  a person appointed or engaged under the Public Service Act 1999 ; or

                     (d)  a person who performs services for or on behalf of the Commonwealth in connection with:

                              (i)  the formulation, entering into, or carrying out, of a Telstra sale scheme; or

                             (ii)  the Commonwealth's capacity as a shareholder in Telstra.

"listed disclosing entity" has the same meaning as it is given by section 9 of the Corporations Act 2001 .

"listing market , in relation to a listed disclosing entity, " has the same meaning as it is given by section 9 of the Corporations Act 2001 .

"listing rules" of a market has the same meaning as it is given by section 9 of the Corporations Act 2001 .



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