Commonwealth Consolidated Acts

TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1997

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   2A.     Application in relation to Norfolk Island  

   PART 2--REPEALS

   3.      Repeals  
   4.      Compensation--constitutional safety net  

   PART 3--TRANSITIONAL

           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  

           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  

           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  

           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  

           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  

           Division 6--Transitional provisions relating to indicative performance standards

   53.     Indicative performance standards to continue in force  

           Division 7--Transitional provisions relating to the universal service regime

              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  

              Subdivision B--Phase-out of former universal service regime

   60.     Phase - out of former universal service regime  

           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  

           Division 9--Transitional provisions relating to the international aspects of carriers' activities

   64.     INTELSAT and Inmarsat--policy notifications and directions to continue in force  

           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  

           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  

           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  

           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  

           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  

           Division 15--Exercise of powers by AUSTEL before relevant commencement dates

   77.     Exercise of powers by AUSTEL before 1 July 1997--general  
   78.     Definitions  

           Division 16--Transitional provisions relating to eligible combined areas

   79.     Eligible combined areas  

           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  

           Division 18--Transitional provisions relating to interception capabilities

   81.     Interception capabilities  

           Division 19--Transitional provisions relating to the AMPS plan

   82.     AMPS plan  

           Division 20--Transitional provisions relating to technical standards about customer equipment and customer cabling

   83.     Technical standards about customer equipment and customer cabling  

           Division 21--Transitional provisions relating to tariffs for the supply of carriage services

   84.     BCS tariff to continue to apply  

           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  

           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  

   PART 4--AMENDMENTS

   97.     Schedule(s)  
           SCHEDULE 1 General amendments
           SCHEDULE 2 Amendment of the Radiocommunications Act 1992
           SCHEDULE 3 Amendments consequential on the enactment of the Commonwealth Authorities and Companies Act 1997
           SCHEDULE 4 Amendments consequential on the enactment of the Financial Management and Accountability Act 1997
           SCHEDULE 5 Repeal of Acts