Commonwealth Numbered Acts

AUSTRALIAN AND OVERSEAS TELECOMMUNICATIONS CORPORATION ACT 1991 No. 79 of 1991 - SECT 3

3. In this Act, unless the contrary intention appears:

"acquisition of property" has the same meaning as in paragraph 51 (xxxi) of
the Constitution;

"AOTC" means the company incorporated, or to be incorporated, under the
Corporations Law of the Australian Capital Territory by the name Australian
and Overseas Telecommunications Corporation Limited;

"authorised person" means:

   (a)  the Minister; or

   (b)  a person who:

   (i)  is authorised by the Minister, in writing, for the purposes of the
        provision in which the expression is used; and

   (ii) when the authorisation was given, was, in the Minister's opinion,
        suitably qualified, because of the person's abilities and experience,
        to perform the functions of an authorised person within the meaning of
        that provision;

"Board" means the board of directors of AOTC;

"exempt matter" means:

   (a)  the operation of Part 4; or

   (b)  the giving effect to Part 4;

"former telecommunications corporation" or "former corporation" means OTC or
Telecom;

"group company" means:

   (a)  AOTC; or

   (b)  a wholly-owned subsidiary of AOTC;

"instrument" includes a document and an oral agreement;

"interest", in relation to land, means:

   (a)  a legal or equitable estate or interest in the land; or

   (b)  a right, power or privilege over, or in relation to, the land;

"just terms" has the same meaning as in paragraph 51 (xxxi) of the
Constitution;

"liabilities" means all liabilities, duties and obligations, whether actual,
contingent or prospective, and wherever arising; "OTC" means OTC Limited;

"property" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description;

"protected body" means a group company that is a trading corporation, or a
financial corporation, within the meaning of paragraph 51 (xx) of the
Constitution;

"protected business name" means any of the following names:
(a) "AOTC";

   (b)  "OTC";
(c) "OTC Australia";
(d) "OTC International";
(e) "OTCI";
(f) "Australian and Overseas Telecommunications";
(g) "Overseas Telecommunications";
(h) "Australian and Overseas Telecommunications Corporation";
(i) "Overseas Telecommunications Corporation";

"protected company name" means any of the following names:
(a) "Australian and Overseas Telecommunications Corporation Limited";
(b) "AOTC Limited";
(c) "Overseas Telecommunications Corporation Limited";
(d) "OTC Limited";
(e) "OTC International Limited";

"protected name" means a protected business name or a protected company name;

"protection time", in relation to a protected name, means the time immediately
before:
(a) in the case of "AOTC", "Australian and Overseas Telecommunications",

"Australian and Overseas Telecommunications Corporation", "Australian and
Overseas Telecommunications Corporation Limited" and " AOTC Limited" - the
succession day; or
(b) in the case of "OTC" and "OTC Australia" - 5 February 1979; or
(c) in the case of "OTC International", "OTCI" and "OTC International Limited
- 10 December 1987; or

   (d)  in any other case - 1 April 1989;

"rights" means all rights, powers, privileges and immunities, whether actual,
contingent or prospective, whether statutory or otherwise, and wherever
arising;

"subsidiary" has the meaning given by section 5;

"succession day" means the day fixed under subsection 2 (1); "tax" includes:

   (a)  sales tax; and

   (b)  fees payable under the Corporations (Fees) Regulations; and

   (c)  stamp duty; and

   (d)  any other tax, fee, duty, levy or charge; but, except for the purposes
        of section 28, does not include income tax imposed as such by a law of
        the Commonwealth;

"Telecom" means the Australian Telecommunications Corporation referred to in
the Australian Telecommunications Corporation Act 1989;

"transferred employee" means a person who, under section 39, is taken to have
been engaged as an employee by AOTC;

"transitional protection period" means the period of 3 months commencing on
the succession day;

"voting shares" has the same meaning as in the Corporations Law;

"wholly-owned subsidiary", in relation to a body corporate (in this definition
called the "holding body"), means a body corporate:

   (a)  that is a subsidiary of the holding body; and

   (b)  none of whose members is a person other than:

   (i)  the holding body; or

   (ii) a body corporate that is, under any other application or applications
        of this definition, a wholly-owned subsidiary of the holding body; or

   (iii) a nominee of the holding body or of a body of a kind referred to in
        subparagraph (ii); and

   (c)  no share in which is beneficially owned by a person other than:

   (i)  the holding body; or

   (ii) a body of a kind referred to in subparagraph (b) (ii).