Commonwealth Numbered Acts

TELECOMMUNICATIONS AMENDMENT ACT 1988 No. 121 of 1988 - SCHEDULE 1

SCHEDULE 1
Section 23
CONSEQUENTIAL AND MINOR AMENDMENTS OF
TELECOMMUNICATIONS ACT 1975
PART I-AMENDMENTS TO COMMENCE ON ROYAL ASSENT Subsection 3 (1) (definition of
"approved bank"):
Omit the definition. Subsection 3 (1) (definition of "employee"):
Omit "by the Commission". Subsection 3 (1) (definition of "Service"):
Omit "Australian Telecommunications Commission". Heading to Part V:
Omit "OF THE COMMISSION". Section 72D:
Repeal the section. Subsection 72E (1):
Omit "sections 72A and 72B", substitute "section 72B".
PART II-AMENDMENTS RELATING TO CORPORATION AND
BOARD 1. The following provisions are amended by omitting "Commission"
(wherever occurring) and substituting "Corporation":
Sections 3 (1) (definitions of "authorized person", "telecommunications
message" and "telecommunications system"), 3 (2) (b) (iii) and (4), 5, 5A, 6
(2) (b) (iv), (3), (4) and (5), 8, 9, 10 (1), (2), (4) and (5), 10A, 11 (7),
12 (5) and (6), 13, 14, 15, 16, 17, 18, 19 and 20, 71 (3) and (4), 72, 72A
(1), (2) and (8), 72B (1) and (2), 72C, 75, 76 (1) and (2), 80, 81 (1) and
(4), 83 (1), 84 (3) (b), 85, 87, 88, 89 (2), 90, 92, 93, 94 (1), (2) (c), (3)
and (4), 94A, 95, 96, 98 (2), (3) and (4), 99 (1C) and (1D), 101, 103, 103A,
104, 105, 106, 107, 108, 109, 110, 110A and 110B. 2. The following provisions
are amended by omitting "Commission" (wherever occurring) and substituting
"Board":
Sections 11 (4), (5) and (6), 12 (4) and (7), 71 (6) and 99 (1A) and (1B). 3.
The Act is further amended as follows:
Subsection 3 (1) (definitions of "Chairman", "Chief General Manager",
"Commission", "Commissioner", "Deputy Chairman", "Managing Director" and
"part-time Commissioner"):
Omit the definitions. Subsection 3 (1):
Insert the following definitions:

" 'Board' means the Board of Directors of the Corporation;
'Chairperson' means the Chairperson of the Board;
'Corporation' means the Australian Telecommunications Corporation;
'Deputy Chairperson' means the Deputy Chairperson of the Board;
'director' means a director of the Board, and includes the Chairperson, the
Deputy Chairperson and the Managing Director;
'government director' means a director who was an officer of the Australian
Public Service at the time of his or her appointment;
'Managing Director' means the Managing Director of the Corporation;".
Paragraph 3 (3) (a):
Omit the paragraph. Subsection 6 (1):
Omit the subsection, substitute the following subsection:

"(1) The functions of the Corporation shall be performed in such a manner as
will best meet the social, industrial and commercial needs of the Australian
people for telecommunications services, and its telecommunications services
shall, so far as it is, in the opinion of the Board, reasonably practicable to
do so, be made available throughout Australia for all people who reasonably
require those services.". Subsection 6 (2):
Omit "In performing its functions in accordance with subsection (1), the
Commission-", substitute "In the performance of the Corporation's functions in
accordance with subsection (1):". Paragraph 6 (2) (a):
Omit the paragraph, substitute the following paragraph:

"(a) directions given to the Board under section 23 shall be complied with;
and". Paragraph 6 (2) (b):
Omit "shall have regard to-", substitute "regard shall be had to:".
Subparagraphs 6 (2) (b) (i) and (ii):
Omit "its", substitute "the Corporation's". Section 7:
Repeal the section. Subsection 10 (3):

   (a)  Omit "Commission" (first occurring), substitute "Corporation".

   (b)  Omit "Commission" (last occurring), substitute "Board". Subsection 11
        (1):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (second, third and last occurring), substitute
        "Corporation". Subsection 11 (2):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (last occurring), substitute "Corporation".
        Subsection 11 (3):

   (a)  Omit "Commission" (first, second, fourth and last occurring),
        substitute "Board".

   (b)  Omit "Commission" (third and fifth occurring), substitute
        "Corporation". Subsection 12 (1):

   (a)  Omit "Commission" (first and fourth occurring), substitute
        "Corporation".

   (b)  Omit "Commission" (second, third and last occurring), substitute
        "Board". Subsection 12 (2):

   (a)  Omit "Commission" (other than second and last occurring), substitute
        "Corporation".

   (b)  Omit "Commission" (second and last occurring), substitute "Board".
        Subsection 12 (3):

   (a)  Omit "Commission" (first and second occurring), substitute "Board".

   (b)  Omit "Commission" (last occurring), substitute "Corporation".
        Subsection 12 (7):
Omit "its", substitute "the Corporation's". After section 14:
Insert the following section: Seal of Corporation

"14A. (1) The seal of the Corporation shall be kept in such custody as the
Board directs and shall be used only as authorised by the Board.

"(2) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the seal of the Corporation appearing on a document
and shall presume that it was properly affixed.". Heading to Part III:
Omit "COMMISSION", substitute "CORPORATION". Subsection 73 (1):
Omit "Commission" (first occurring), substitute "Board". Paragraph 73 (1) (a):
Omit "Commission", substitute "Corporation". Paragraph 73 (1) (b):

   (a)  Omit "Commission" (other than second occurring), substitute
        "Corporation".

   (b)  Omit "Commission" (second occurring), substitute "Board". Subsection
        73 (2):

   (a)  Omit "The Commission shall", substitute "The Board shall, consistently
        with its duty under subsection (1), ensure that the Corporation".

   (b)  Omit "operate", substitute "operates".

   (c)  Omit "make", substitute "makes".

   (d)  Omit "Commission" (last occurring), substitute "Corporation".

   (e)  Omit ", consistently with its duty under subsection (1)". Subsection
        76 (3):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (second occurring), substitute "Corporation".
        Section 77:

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (second, third and last occurring), substitute
        "Corporation". Section 78:

   (a)  Omit "Commission", substitute "Board".

   (b)  Omit "its receipts and expenditure", substitute "the receipts and
        expenditure of the Corporation". Heading to Part VIII:
Omit "COMMISSION", substitute "CORPORATION". Section 97:
Repeal the section, substitute the following section: Application of State and
Territory laws to Corporation

"97. Subject to section 80, the Corporation is not subject to any requirement,
obligation, liability, penalty or disability under a law of a State or
Territory to which the Commonwealth is not subject.". Subsection 99 (1):

   (a)  Omit "Commission", substitute "Board".

   (b)  Omit "its operations", substitute "the Corporation's operations".
        Subsections 99 (1A) and (1B):
Omit "it" (wherever occurring), substitute "the Corporation". Subsection 99
(2):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (second and last occurring), substitute
        "Corporation". Subsection 99 (4):
Omit the subsection. Subsection 100 (1):

   (a)  Omit "Commission", substitute "Board".

   (b)  Omit "its", substitute "the Corporation's". Subsection 100 (2):

   (a)  Omit "Commission" (first occurring), substitute "Board".

   (b)  Omit "Commission" (last occurring), substitute "Corporation".
        Subsection 111 (1):
Omit "Commission" (first occurring), substitute "Board". Paragraph 111 (1)
(c):
Omit "Commission", substitute "Corporation".
PART III-AMENDMENTS RELATING TO STAFF Subsection 3 (1) (definition of
"employee"):
Omit the definition, substitute the following definition:

" 'employee' means an employee of the Corporation;". Subsection 3 (1)
(definitions of "officer", "organization" and "Service"):
Omit the definitions. Subparagraph 3 (2) (b) (ii):
Omit "officers and". Paragraph 3 (3) (b):
Omit "and" (last occurring). Paragraph 3 (3) (c):
Omit the paragraph. Subsection 3 (4):
Omit "officer or". Subsection 20 (1):
Omit "officer or". Subparagraph 73 (3) (b) (i):
Omit "officers and". Subsection 82 (1):
Omit "officer or" (wherever occurring). Paragraphs 82 (2) (a) and 83 (1) (a)
and (c):
Omit "officer or". Subsection 84 (3):
Omit "officer or". Subsections 89 (1) and (3):
Omit "officer or". Subparagraph 95 (2) (a) (ii):
Omit "officer or". Paragraph 95 (2) (b):
Omit "officer or". Section 101:
Omit "officer or". Subsections 104 (1) and (9):
Omit "officer or" (wherever occurring). Subparagraph 107 (3) (a) (i):
Omit "officer or". Paragraph 108 (a):
Omit "officers or". Paragraph 108 (b):
Omit "officers and". Subsection 109 (1):
Omit "officers and". Paragraph 111 (1) (f):
Add at the end "and". Paragraph 111 (1) (g):
Omit the paragraph. Section 112:
Repeal the section, substitute the following section: Regulations

"112. The Governor-General may make regulations not inconsistent with this
Act, prescribing matters:

   (a)  required or permitted by this Act to be prescribed; or

   (b)  necessary or convenient to be prescribed for carrying out or giving
        effect to this Act; and, in particular, prescribing penalties not
        exceeding a fine of $1,000 or imprisonment for 6 months, or both, for
        offences against the regulations.".