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Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
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Administered by
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2016C00900 C03
01 July 2016
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Part 1—Preliminary
1 Short title
2 Commencement
2A Application in relation to Norfolk Island
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Part 2—Repeals
3 Repeals
4 Compensation—constitutional safety net
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Part 3—Transitional
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Division 1—Transitional provisions relating to the merger of AUSTEL and the SMA
5 Definitions
6 Transfer of assets to the ACA
7 Re-transfer of assets
8 Transfer of liabilities to the ACA
9 Re-transfer of liabilities
10 Transfers of land may be registered
11 This Division does not modify registers kept by land registration officials
12 Exemption from stamp duty and other taxes
13 Lands Acquisition Act does not apply to this Division
14 References in instruments to the SMA become references to the ACA
15 Transfer of SMA records to the ACA
16 Acts of the SMA to be attributed to the ACA etc.
17 Pending proceedings—Commonwealth a party
18 Pending proceedings—Spectrum Manager a party
19 Investigations
20 Public inquiries
21 Transfer of Ombudsman investigations
22 Committees
23 Protected name and protected symbol
24 Annual report
25 Delegation
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Division 2—Transitional provisions relating to the transfer of competition policy resources from AUSTEL to the ACCC
26 Definitions
27 Transfer of AUSTEL assets
28 Re-transfer of assets
29 Transfer of AUSTEL liabilities
30 Re-transfer of liabilities
31 Transfers of land may be registered
32 This Division does not modify registers kept by land registration officials
33 Exemption from stamp duty and other taxes
34 Lands Acquisition Act does not apply to this Division
35 Delegation
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Division 3—Transitional provisions relating to the telecommunications access regime
36 Modified application of Part XIC of the Trade Practices Act 1974 before 1 July 1997
37 Phase-out of arbitrations under section 154 of the Telecommunications Act 1991
38 Recognition of pre-1 July 1997 consultations by the Telecommunications Access Forum
39 Services covered by pre-commencement access agreements etc.
40 Certain mobile services supplied by Telstra
41 Certain connection obligations to continue in force
42 Compensation—constitutional safety-net
43 Selection—transitional arrangements
44 Registration of pre-commencement access agreements
45 Pre-1 July 1997 operation of the telecommunications access regime—references to the ACA to be read as references to AUSTEL
46 Deemed agreements with existing carriers—terms and conditions relating to standard access obligations
47 Compensation—constitutional safety-net
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Division 4—Transitional provisions relating to carrier licences
48 Definitions
49 Replacement of existing carrier licences
50 AUSTEL may receive applications for carrier licences before 1 July 1997
51 Acts of AUSTEL to be attributed to ACA
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Division 5—Transitional provisions relating to technical standards under section 244 of the Telecommunications Act 1991
52 Technical standards to continue in force as industry standards
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Division 6—Transitional provisions relating to indicative performance standards
53 Indicative performance standards to continue in force
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Division 7—Transitional provisions relating to the universal service regime
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Subdivision A—Certain instruments to continue in force
54 Universal service obligation—payphones at specified locations
55 National universal service provider
56 Regional universal service provider
57 Directions about declaring net cost areas
58 Determinations about working out net universal service costs
59 Revocation and variation of instruments
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Subdivision B—Phase-out of former universal service regime
60 Phase-out of former universal service regime
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Division 8—Transitional provisions relating to the chart of accounts and the cost allocation manual
63 Chart of accounts and cost allocation manual to remain binding until record-keeping rules made
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Division 9—Transitional provisions relating to the international aspects of carriers’ activities
64 INTELSAT and Inmarsat—policy notifications and directions to continue in force
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Division 10—Transitional provisions relating to cabling and customer equipment
65 Continued effect of orders relating to the connection of customer cabling and customer equipment
66 Continued effect of cabling licences
67 Declarations about application of cabling provisions
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Division 11—Transitional provisions relating to the protection of the confidentiality of communications
68 Confidentiality of communications carried before 1 July 1997
69 Confidentiality of communications carried on or after 1 July 1997
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Division 12—Transitional provisions relating to reviews and reports about the telecommunications industry
70 Reviews and reports for the year ending on 30 June 1997
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Division 13—Transitional provisions relating to anti-competitive conduct in the telecommunications industry
71 Modified application of Part XIB of the Trade Practices Act 1974 before 1 July 1997
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Division 14—Transitional provisions relating to the numbering plan
72 Termination time
73 Existing numbering provisions to continue in force for a limited period
74 Modification of certain references to the numbering plan
75 Numbers taken to be allocated at the termination time
76 Modified procedural requirements for first numbering plan
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Division 15—Exercise of powers by AUSTEL before relevant commencement dates
77 Exercise of powers by AUSTEL before 1 July 1997—general
78 Definitions
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Division 16—Transitional provisions relating to eligible combined areas
79 Eligible combined areas
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Division 17—Transitional provisions relating to actions under sections 95 and 186 of the Telecommunications Act 1991
80 Actions under sections 95 and 186 of the Telecommunications Act 1991
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Division 18—Transitional provisions relating to interception capabilities
81 Interception capabilities
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Division 19—Transitional provisions relating to the AMPS plan
82 AMPS plan
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Division 20—Transitional provisions relating to technical standards about customer equipment and customer cabling
83 Technical standards about customer equipment and customer cabling
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Division 21—Transitional provisions relating to tariffs for the supply of carriage services
84 BCS tariff to continue to apply
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Division 22—Transitional provisions relating to the customer service guarantee
85 Definitions
86 Standard assumptions for the purpose of this Division
87 Performance standards to continue in force
88 Directions to continue in force
89 Scale of damages to continue in force
90 Consent by Telecommunications Industry Ombudsman to continue in force
91 Instruments making provision for waiver of guarantee to continue in force
92 Waivers to continue in force
93 Evidentiary certificates to continue to apply
94 Revocation and variation of instruments
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Division 23—Transitional provisions relating to carriers’ powers and immunities
95 Instrument to be made before 1 July 1997—low-impact facilities
96 Instrument to be made before 1 July 1997—Code of Practice
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Part 4—Amendments
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97 Schedule(s)
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Schedule 1—General amendments
Australian Broadcasting Corporation Act 1983
Australian National Railways Commission Act 1983
Australian Postal Corporation Act 1989
Broadcasting Services Act 1992
The Corporations Law set out in section 82 of the Corporations Act 1989
Crimes Act 1914
Lands Acquisition Act 1989
Legislative Instruments Act 1997
Ombudsman Act 1976
Radiocommunications Taxes Collection Act 1983
Sea Installations Act 1987
Special Broadcasting Service Act 1991
Telecommunications (Interception) Act 1979
Telstra Corporation Act 1991
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Schedule 2—Amendment of the Radiocommunications Act 1992
Radiocommunications Act 1992
Part 1—Merger of the SMA and the ACA
Part 2—Consequential amendments
Part 3—Public inquiries
Part 4—Standards and other technical regulation
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Schedule 3—Amendments consequential on the enactment of the Commonwealth Authorities and Companies Act 1997
Australian Communications Authority Act 1997
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Schedule 4—Amendments consequential on the enactment of the Financial Management and Accountability Act 1997
Telecommunications Act 1997
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Schedule 5—Repeal of Acts
Radiocommunications (Permit Tax) Act 1983
Telecommunications Act 1991
Telecommunications (Application Fees) Act 1991
Telecommunications (Numbering Charges) Act 1991
Telecommunications (Public Mobile Licence Charge) Act 1992
Telecommunications (Universal Service Levy) Act 1991
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history