TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1997
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 2A Application in relation to Norfolk Island
PART 2--REPEALS
- 3 Repeals
- 4 Compensation--constitutional safety net
PART 3--TRANSITIONAL
DIVISION 1--Transitional provisions relating to the merger of AUSTEL and the SMA
- 5 Definitions
- 6 Transfer of assets to the ACA
- 7 Re-transfer of assets
- 8 Transfer of liabilities to the ACA
- 9 Re-transfer of liabilities
- 10 Transfers of land may be registered
- 11 This Division does not modify registers kept by land registration officials
- 12 Exemption from stamp duty and other taxes
- 13 Lands Acquisition Act does not apply to this Division
- 14 References in instruments to the SMA become references to the ACA
- 15 Transfer of SMA records to the ACA
- 16 Acts of the SMA to be attributed to the ACA etc.
- 17 Pending proceedings--Commonwealth a party
- 18 Pending proceedings--Spectrum Manager a party
- 19 Investigations
- 20 Public inquiries
- 21 Transfer of Ombudsman investigations
- 22 Committees
- 23 Protected name and protected symbol
- 24 Annual report
- 25 Delegation
DIVISION 2--Transitional provisions relating to the transfer of competition policy resources from AUSTEL to the ACCC
- 26 Definitions
- 27 Transfer of AUSTEL assets
- 28 Re-transfer of assets
- 29 Transfer of AUSTEL liabilities
- 30 Re-transfer of liabilities
- 31 Transfers of land may be registered
- 32 This Division does not modify registers kept by land registration officials
- 33 Exemption from stamp duty and other taxes
- 34 Lands Acquisition Act does not apply to this Division
- 35 Delegation
DIVISION 3--Transitional provisions relating to the telecommunications access regime
- 36 Modified application of Part XIC of thebefore 1 July 1997
- 37 Phase-out of arbitrations under section 154 of the
- 38 Recognition of pre-1 July 1997 consultations by the Telecommunications Access Forum
- 39 Services covered by pre-commencement access agreements etc.
- 40 Certain mobile services supplied by Telstra
- 41 Certain connection obligations to continue in force
- 42 Compensation--constitutional safety-net
- 43 Selection--transitional arrangements
- 44 Registration of pre-commencement access agreements
- 45 Pre-1 July 1997 operation of the telecommunications access regime--references to the ACA to be read as references to AUSTEL
- 46 Deemed agreements with existing carriers--terms and conditions relating to standard access obligations
- 47 Compensation--constitutional safety-net
DIVISION 4--Transitional provisions relating to carrier licences
- 48 Definitions
- 49 Replacement of existing carrier licences
- 50 AUSTEL may receive applications for carrier licences before 1 July 1997
- 51 Acts of AUSTEL to be attributed to ACA
DIVISION 5--Transitional provisions relating to technical standards under section 244 of the Telecommunications Act 1991
- 52 Technical standards to continue in force as industry standards
DIVISION 6--Transitional provisions relating to indicative performance standards
- 53 Indicative performance standards to continue in force
DIVISION 7--Transitional provisions relating to the universal service regime
- 54 Universal service obligation--payphones at specified locations
- 55 National universal service provider
- 56 Regional universal service provider
- 57 Directions about declaring net cost areas
- 58 Determinations about working out net universal service costs
- 59 Revocation and variation of instruments
- 60 Phase-out of former universal service regime
DIVISION 8--Transitional provisions relating to the chart of accounts and the cost allocation manual
- 63 Chart of accounts and cost allocation manual to remain binding until record-keeping rules made
DIVISION 9--Transitional provisions relating to the international aspects of carriers' activities
- 64 INTELSAT and Inmarsat--policy notifications and directions to continue in force
DIVISION 10--Transitional provisions relating to cabling and customer equipment
- 65 Continued effect of orders relating to the connection of customer cabling and customer equipment
- 66 Continued effect of cabling licences
- 67 Declarations about application of cabling provisions
DIVISION 11--Transitional provisions relating to the protection of the confidentiality of communications
- 68 Confidentiality of communications carried before 1 July 1997
- 69 Confidentiality of communications carried on or after 1 July1997
DIVISION 12--Transitional provisions relating to reviews and reports about the telecommunications industry
- 70 Reviews and reports for the year ending on 30 June 1997
DIVISION 13--Transitional provisions relating to anti-competitive conduct in the telecommunications industry
- 71 Modified application of Part XIB of thebefore 1 July 1997
DIVISION 14--Transitional provisions relating to the numbering plan
- 72 Termination time
- 73 Existing numbering provisions to continue in force for a limited period
- 74 Modification of certain references to the numbering plan
- 75 Numbers taken to be allocated at the termination time
- 76 Modified procedural requirements for first numbering plan
DIVISION 15--Exercise of powers by AUSTEL before relevant commencement dates
- 77 Exercise of powers by AUSTEL before 1 July 1997--general
- 78 Definitions
DIVISION 16--Transitional provisions relating to eligible combined areas
- 79 Eligible combined areas
DIVISION 17--Transitional provisions relating to actions under sections 95 and 186 of the Telecommunications Act 1991
- 80 Actions under sections 95 and 186 of the
DIVISION 18--Transitional provisions relating to interception capabilities
- 81 Interception capabilities
DIVISION 19--Transitional provisions relating to the AMPS plan
- 82 AMPS plan
DIVISION 20--Transitional provisions relating to technical standards about customer equipment and customer cabling
- 83 Technical standards about customer equipment and customer cabling
DIVISION 21--Transitional provisions relating to tariffs for the supply of carriage services
- 84 BCS tariff to continue to apply
DIVISION 22--Transitional provisions relating to the customer service guarantee
- 85 Definitions
- 86 Standard assumptions for the purpose of this Division
- 87 Performance standards to continue in force
- 88 Directions to continue in force
- 89 Scale of damages to continue in force
- 90 Consent by Telecommunications Industry Ombudsman to continue in force
- 91 Instruments making provision for waiver of guarantee to continue in force
- 92 Waivers to continue in force
- 93 Evidentiary certificates to continue to apply
- 94 Revocation and variation of instruments
DIVISION 23--Transitional provisions relating to carriers' powers and immunities
- 95 Instrument to be made before 1 July 1997--low-impact facilities
- 96 Instrument to be made before 1 July 1997--Code of Practice
PART 4--AMENDMENTS