Commonwealth Numbered Acts

TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1997 No. 59 of 1997 - SECT 39

(1) As soon as practicable after this section commences, but, in any event,
before 1 July 1997, the ACCC must prepare a written statement specifying each
eligible service that was covered by an access agreement registered under
section 144 of the Telecommunications Act 1991 as at the beginning of 13
September 1996.

(2) Despite subsection (1), the ACCC is not required by that subsection to
specify a particular service in the statement if the ACCC is satisfied that
specifying the service would not promote the long-term interests of end-users
of the service or of services supplied by means of the service.

(3) For the purposes of subsection (2), the question whether a particular
thing promotes the long-term interests of end-users of services is to be
determined in the same manner as it is determined for the purposes of Part XIC
of the Trade Practices Act 1974.

(4) Despite subsection (1), the ACCC must not specify a service if:

   (a)  the service is supplied using an AMPS network; and

   (b)  the ACCC is satisfied that the specification of the service would be
        inconsistent with the policies embodied in Part 19 of the
        Telecommunications Act 1997.

(5) The ACCC must also specify in the statement an eligible service that is:

   (a)  necessary for the purposes of enabling the supply of a broadcasting
        service by means of line links that deliver signals to end-users; and

   (b)  of a kind that was used for those purposes on 13 September 1996.

(6) If the registration of an access agreement, or a variation of an access
agreement, under section 144 of the Telecommunications Act 1991 occurs during
the period:

   (a)  beginning on 13 September 1996; and

   (b)  ending at the end of 30 June 1997; the ACCC may also specify in the
        statement an eligible service that was covered by the access agreement
        or by the variation, as the case requires.

(7) The ACCC must consult AUSTEL about the preparation or variation of the
statement.

(8) The ACCC must not prepare or vary the statement unless the ACCC has first:

   (a)  published a draft of the statement or variation and invited people to
        make submissions to the ACCC on the draft; and

   (b)  considered any submissions that were received within the time limit
        specified by the ACCC when it published the draft.

(9) A copy of the statement, and of any variation of the statement, is to be
published in the Gazette.

(10) Part XIC of the Trade Practices Act 1974 has effect, in relation to an
eligible service specified in the statement, as if the ACCC had:

   (a)  made an instrument under subsection 152AL(3) of that Act declaring the
        service to be a declared service; and

   (b)  complied with the requirements set out in subsection 152AL(3) of that
        Act in relation to the instrument.

(11) This section does not prevent the instrument referred to in paragraph
(10)(a) from being varied or revoked by the ACCC in accordance with section
152AO of the Trade Practices Act 1974.

(12) Despite anything in the Telecommunications Act 1991, the ACCC is entitled
to inspect, make copies of, or take extracts from, any part of the register
referred to in section 144 of that Act for a purpose relating to the exercise
of the ACCC's powers under this section.

(13) For the purposes of this section, it is to be assumed that Part 19 of the
Telecommunications Act 1997 had commenced at the commencement of this section.

(14) An express reference in subsection (6) to a variation of an access
agreement does not imply that references in other provisions of this Part to
access agreements do not include references to access agreements as varied by
variations of those agreements.

(15) In this section:
ACCC means the Australian Competition and Consumer Commission.
access agreement has the same meaning as in the Telecommunications  Act 1991 .
AMPS means the Advanced Mobile Phone System. Note: The Advanced Mobile Phone
System does not incorporate digital modulation techniques.
AUSTEL means the Australian Telecommunications Authority.
broadcasting service has the same meaning as in the Broadcasting  Services Act
1992 .
eligible service has the same meaning as in section 152AL of the Trade
Practices Act 1974.
line link has the same meaning as in the Telecommunications Act  1997 .