Commonwealth Numbered Acts

TELECOMMUNICATIONS LEGISLATION AMENDMENT ACT 1999 - SCHEDULE 3--Amendments

Australian Communications Authority Act 1997

1 At the end of paragraph 6(a)

Add "and the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

2 After subparagraph 6(j)(i)

Insert:

(ia) the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

Insert:

(aa) the Telecommunications (Consumer Protection and Service Standards) Act 1999 ;

Insert:

(iia) the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

After "(ii)", insert ", (iia)".

Australian Postal Corporation Act 1989

6 Section 11

Omit "and the Telecommunications Act 1997 ", substitute ", the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

Note: The heading to section 11 is altered by adding at the end " etc. ".

7 Schedule 2 (before the table row relating to the Telecommunications (Interception) Act 1979 )

Insert:

Telecommunications (Consumer Protection and Service Standards) Act 1999

Sea Installations Act 1987

8 Schedule (after the reference to the Telecommunications Act 1997 )

Insert:

Telecommunications (Consumer Protection and Service Standards) Act 1999

Telecommunications Act 1997

9 Section 5

Omit:

* Certain local calls are to be charged for on an untimed basis .

* The ACA may make performance standards to be complied with by carriage service providers in relation to customer service .

* Certain carriers and carriage service providers must enter into the Telecommunications Industry Ombudsman scheme .

* Provision is made for the protection of residential customers of carriage service providers against failure by the providers to supply standard telephone services.

* The ACA may impose requirements on carriers, carriage service providers and certain other persons in relation to emergency call services .

10 Section 6 (table items 7, 10, 20, 27 and 33)

Repeal the items.

11 Section 7 (after paragraph (a) of the definition of ACA's telecommunications powers )

Insert:

(aa) the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

Repeal the paragraph, substitute:

(b) the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

Repeal the paragraphs, substitute:

(k) subsection 148(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(l) subsection 148(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(m) subsection 158B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(n) subsection 158B(4) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(o) subsection 158C(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(p) subsection 158D(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

(q) subsection 158E(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

Omit "section 17", substitute "section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

15 Section 7 (definition of Telecommunications Industry Ombudsman)

Repeal the definition, substitute:

Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

16 Section 7 (definition of Telecommunications Industry Ombudsman scheme )

Repeal the definition, substitute:

Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

17 Section 17

Repeal the section.

18 At the end of section 57

Add:

(2) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

19 At the end of section 67

Add:

(3) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

20 At the end of section 78

Add:

(2) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

21 At the end of section 81

Add:

(5) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

22 At the end of section 81A

Add:

(3) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

23 At the end of section 83

Add:

(8) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

24 Subsection 105(4)

Omit "Part 9", substitute "Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

25 Parts 8, 9, 10, 11 and 12

Repeal the Parts.

26 Subsection 362(3)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

27 At the end of section 395

Add:

(2) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

28 At the end of section 430

Add:

(2) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

29 Paragraph 455(10)(a)

Omit "Part 8", substitute "Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

30 At the end of section 492

Add:

(5) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

31 At the end of section 502

Add:

(5) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

32 After paragraph 508(a)

Insert:

(aa) a contravention of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act;

Omit "Part 9", substitute "Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

34 After paragraph 510(1)(a)

Insert:

(aa) in the case of a matter covered by paragraph 508(aa)--the ACA has reason to suspect that a person may have contravened the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act; or

Add:

(3) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

36 At the end of section 551

Add:

(3) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

37 At the end of section 553

Add:

(3) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

38 Section 563

After "this Act", insert ", of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or of regulations under that Act".

39 At the end of section 564

Add:

(4) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

40 At the end of section 570

Add:

(7) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

41 After section 574

Insert:

TELECOMMUNICATIONS LEGISLATION AMENDMENT ACT 1999 - < SECT 574A Definition In this Part:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

42 Section 577

After "this Act", insert ", of the Telecommunications (Consumer Protection and Service Standards) Act 1999 or of regulations under that Act".

43 Subsection 578(2)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

44 Section 582

After "Act" (first occurring), insert ", the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act".

45 Section 582

After "Act" (second and third occurring), insert "or the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

46 Section 582

After "Act" (fourth occurring), insert ", the Telecommunications (Consumer Protection and Service Standards) Act 1999 or regulations under that Act".

47 Section 582

Omit "Act does not", substitute "Act, the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act do not".

48 At the end of section 583

Add:

(3) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

49 At the end of section 585

Add:

(2) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

50 At the end of section 586

Add:

(2) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

51 At the end of section 587

Add:

(4) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

52 Subsection 588(4)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

53 Subsection 589(6)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

54 Subsection 590(3)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

55 Subsection 591(3)

Insert:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

56 At the end of section 592

Add:

(2) In this section:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

57 At the end of clause 1 of Schedule 1

Add:

(2) In this clause:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

58 At the end of clause 1 of Schedule 2

Add:

(2) In this clause:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

59 Subclauses 13(7) and (8) of Schedule 2

Omit "Part 8", substitute "Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

60 At the end of clause 30 of Schedule 3

Add:

(2) In this clause:

this Act includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.

61 Subclause 46(6) of Schedule 3

Omit "Part 9", substitute "Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

62 Paragraph 1(k) of Schedule 4

Omit "section 247", substitute "section 129 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

63 Paragraph 1(l) of Schedule 4

Omit "section 248", substitute "section 130 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

64 Paragraph 1(m) of Schedule 4

Omit "section 253", substitute "section 135 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

Telstra Corporation Act 1991

65 Subsection 2(3)

Repeal the subsection.

66 Section 3 (definition of ACCC )

Repeal the definition.

67 Subsection 9(3)

Omit "Part 6", substitute "Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

68 Part 6

Repeal the Part.

Trade Practices Act 1974

69 Subsection 25(1)

After " Telecommunications Act 1997 " (first occurring), insert ", the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

70 Paragraph 151BU(4)(f)

Omit "Part 6 of the Telstra Corporation Act 1991 ", substitute "Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

71 Subparagraph 151BUA(2)(b)(iv)

Omit "Part 6 of the Telstra Corporation Act 1991 ", substitute "Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

72 Subparagraph 151BUB(2)(b)(iv)

Omit "Part 6 of the Telstra Corporation Act 1991 ", substitute "Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

73 Subparagraph 151BUC(2)(b)(iv)

Omit "Part 6 of the Telstra Corporation Act 1991 ", substitute "Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

74 Paragraph 151CM(1)(b)

Omit "Part 6 of the Telstra Corporation Act 1991 ", substitute "Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

75 Subsection 155(2)

Omit "Part 6 of the Telstra Corporation Act 1991 ", substitute "Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ".

76 Paragraph 155(9)(b)

Repeal the paragraph, substitute:

(b) the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or

Part 2--Transitional provisions

77 Transitional--eligible instruments

(1) This item applies to an eligible instrument if:

(a) the eligible instrument was in force immediately before the commencement of this item; and

(b) the eligible instrument was made or given under, or for the purposes of, a particular provision of the Telecommunications Act 1997 or the Telstra Corporation Act 1991; and

(c) that provision is repealed by this Schedule.

(a) it had been made or given under, or for the purposes of, the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; and

(b) any requirement imposed by that Act in relation to the making or giving of the eligible instrument had been satisfied.

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.

78 Transitional--acts or things done before commencement

(1) This item applies to an act or thing (other than the making of an eligible instrument) if:

(a) the act or thing was done before the commencement of this item; and

(b) the act or thing was done under, or for the purposes of, a particular provision of the Telecommunications Act 1997 or the Telstra Corporation Act 1991 ; and

(c) that provision is repealed by this Schedule.

(3) In this item:

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.

79 Transitional--evidentiary certificates relating to the customer service guarantee

Despite the repeal of section 237 of the Telecommunications Act 1997 by this Schedule, that section continues to apply, in relation to contraventions that occurred before the commencement of this item, as if that repeal had not happened.

Note: For savings in relation to contraventions that occurred before the commencement of this item, see section 8 of the Acts Interpretation Act 1901 .

Section 105 of the Telecommunications Act 1997 has effect, after the commencement of this item, as if the reference in that section to Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 9 of the Telecommunications Act 1997 .

81 Transitional--section 151CM of the Trade Practices Act 1974

Section 151CM of the Trade Practices Act 1974 has effect, after the commencement of this item, as if the reference in that section to Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 included a reference to repealed Part 6 of the Telstra Corporation Act 1991 .

82 Transitional regulations

The Governor-General may make regulations in relation to transitional matters arising out of the amendments and repeals made by this Schedule.