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Telstra Corporation Act 1991
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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C2024C00549 (C37)
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
3A Merging entities; merged entity; merger day
3B Telstra body
4 Operating under a name
5 Subsidiaries
6 Extension of Act to external Territories
6A Application of the Criminal Code
7 Act binds the Crown
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Part 2—Commonwealth ownership of Telstra
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Division 1—Simplified outline
8AA Simplified outline
Division 4—Provisions relating to the sale by the Commonwealth of its shares in Telstra
8AJ Telstra sale scheme
8AJA Sale scheme hybrid securities
8AK Exemption from stamp duty—transfer by the Commonwealth of its shares in Telstra etc.
8AKA Authorisation of borrowing—issue of sale scheme hybrid securities
8AQ Assistance given by Telstra or the Board in connection with a Telstra sale scheme
8AR Giving of assistance—ancillary provisions
8AT Commonwealth to be bound by Chapters 6CA, 6D and 7 of the Corporations Act
8AU Alterations of Telstra’s constitution before the minority interest sale time
8AUA Alteration of Telstra’s constitution after the minority interest sale time
8AV Reduction of Telstra’s share capital
Division 5—Miscellaneous
8AW Use by the Commonwealth of information obtained from Telstra or the Board
8AX Agreements relating to the protection of information obtained from Telstra or the Board
8AY Telstra’s obligations to disclose information
8AYB Telstra to give information to the Minister about the level of non Commonwealth ownership of shares in Telstra
8AYC Application of the Ombudsman Act 1976 to Telstra
8AYD Controlling interest in Telstra
8AZ Rights of Telstra’s shareholders, debenture holders and creditors to be subject to this Act
8BA Compensation—constitutional safety net
8BB Delegation
8BC Provision to attract the corporations power and the communications power
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Part 2A—Restrictions on ownership of Telstra successor companies
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Division 1—Simplified outline
8BD Simplified outline
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Division 2—Definitions in Schedule
8BE Definitions in Schedule
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Division 3—Extra territorial operation
8BF Extra territorial operation
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Division 4—Limit on foreign ownership
8BG Meaning of unacceptable foreign ownership situation
8BH Acquisitions of shares
8BI Compliance by Telstra successor companies
8BJ Remedial orders
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Division 6—Anti avoidance
8BM Anti avoidance
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Division 7—Record keeping and giving of information
8BN Record keeping and giving of information
8BO Incorrect records
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Division 8—Head office, base of operations and place of incorporation of a Telstra successor company
8BQ Head office to be in Australia
8BR Base of operations to be in Australia
8BS Telstra successor companies to remain incorporated in Australia
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Division 9—Citizenship of Chairperson and directors of Telstra successor companies
8BT Chairperson must be an Australian citizen
8BU Majority of directors must be Australian citizens
8BUA At least 2 directors must have knowledge of, or experience in, the communications needs of regional, rural or remote areas
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Division 10—Miscellaneous
8BW Concurrent operation of State/Territory laws
8BX Validity of acts done in contravention of this Part
8BY Winding up of Telstra successor companies not prevented by this Act
8BZ Acquisition of property
8CA Review of decisions by Administrative Review Tribunal
8CB Delegation
8CC Provision to attract the corporations power and the communications power
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Part 2AA—Anti avoidance
8CCA Anti avoidance
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Part 2B—Remedial provisions
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Division 1—Injunctions
8CD Injunctions
8CE Interim injunctions
8CF Discharge etc. of injunctions
8CG Certain limits on granting injunctions not to apply
8CH Other powers of the court unaffected
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Division 2—Prosecutions
8CI Prosecutions of corporations
8CJ Prosecutions of persons other than corporations
8CK Service of summons or process on foreign corporations—criminal proceedings
8CL Indictable offences
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Part 2C—Re affirmation of the universal service obligation and the customer service guarantee
8CM Re affirmation of universal service obligation
8CN Re affirmation of the customer service guarantee
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Part 3A—Transitional provisions relating to the sale by the Commonwealth of its remaining equity interest in Telstra
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Division 1—Long service leave
9A Interpretation
9B Long service leave for employees with less than 10 years service
9C Payments in lieu of long service leave for employees with less than 10 years service
9D Payments on the death of an employee
9E Employee’s long service leave credit for the purposes of sections 9B and 9C
9F Division not to affect an employee’s post sale long service leave rights
9G Saving—Long Service Leave Act
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Division 2—Operation of the Safety, Rehabilitation and Compensation Act 1988
9H Operation of section 128A of the SRC Act
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Division 3—Retirement benefits
9J Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973
9K Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973
9L Application of the Superannuation Act 1976
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Division 4—Other transitional and saving provisions
9M Telstra employees not on maternity leave immediately before the designated day
9N Telstra employees on maternity leave on the designated day
9P Saving—Crimes (Superannuation Benefits) Act 1989
9Q Saving—Director of Public Prosecutions Act 1983
9R Refund of part of fee paid under section 104A of the SRC Act
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Part 4—Telstra to be successor of Telecom and OTC
10 Extra territorial operation of Part
11 Vesting of property, rights and liabilities
12 Determination of Telstra’s initial capital
13 Merger fee not to be charged
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Part 5—Use of certain names
14 Protected body may operate under protected business name
15 Other persons not to use protected names
16 Exceptions for pre existing rights
17 Use of other names by protected bodies
18 Effect on State and Territory laws
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Part 7—Application of laws to Telstra
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Division 1—General
26 Telstra not public authority etc.
27 Exemption from taxes and charges
28 Merged entity taken to be the same body, for tax purposes, as merging entities
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Division 2—Application of Commonwealth laws
29 General application of Commonwealth laws
30 Lands Acquisition Act
31 Public Works Committee Act
32 Corporations Act
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Division 3—Application of State and Territory Laws
33 Laws relating to buildings, structures and facilities
34 Environment protection laws
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Part 8—Miscellaneous
35 Certain instruments to continue in force
36 Audit
37 Pending proceedings
38 Registration of interests in land
39 Transfer to Telstra of employees of former corporation
40 Judicial notice of seals
41 Compensation for acquisition of property
42 Regulations
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Schedule—Ownership definitions
1 Object
2 Definitions
3 When foreign citizens are ordinarily resident in Australia
4 Entering into an agreement or arrangement
5 Associates
6 Power to appoint director
7 Meaning of entitled to acquire
8 Meaning of interest in a share
9 Certain interests in shares to be disregarded
10 Voting power
11 Stake in a company
12 Direct control interests in a company
13 Substantial interests in trust estates
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history