Commonwealth Numbered Acts

OVERSEAS TELECOMMUNICATIONS AMENDMENT ACT 1981 No. 115, 1981 - SECT 5

5. After section 36 of the Principal Act the following section is inserted:
Company to operate national telecommunications system

"37. (1) In this section -

'prescribed business' means a business of operating a national
telecommunications system for Australia, or for Australia and neighbouring
regions, by the use of a space station (including any activity incidental to
the carrying on of such a business);

'prescribed company' means a company the primary object of which is the
carrying on of a prescribed business;

'technical services' means services relating to telecommunications;

'telecommunications' includes radio and television broadcasting.



"(2) The Commission may -

   (a)  form, or participate with other person in the formation of, a
        prescribed company;

   (b)  acquire, hold and dispose of shares or stock in the capital of, or
        debentures or other securities of, a prescribed company;

   (c)  enter into a partnership, or an arrangement for the sharing of
        profits, with a prescribed company; and

   (d)  provide technical services (whether in or outside Australia) for a
        prescribed company or for a partnership referred to in paragraph (c).



"(3) The Commission shall not exercise a power conferred by sub-section (2)
except with the approval of the Minister.



"(4) An agreement or arrangement between the Commission and a prescribed
company shall include a term empowering the Commission to terminate the
agreement or arrangement if the prescribed company ceases to be a prescribed
company.



"(5) Where -

   (a)  the Commission has an interest in, or is a party to an agreement or
        arrangement with, a prescribed company; and

   (b)  the prescribed company ceases to be a prescribed company, the Minister
        may give to the Commission such directions as he thinks appropriate
        with respect to -

   (c)  the disposal of the interest of the Commission in the company; or

   (d)  the termination of the agreement or arrangement between the Commission
        and the company, as the case may be.



"(6) This section does not authorize a prescribed company to carry on a
prescribed business otherwise than in accordance with the relevant law.".
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