Telecommunications Amendment Act 1988
An Act to amend the Telecommunications Act 1975 and to amend various other Acts in relation to the provision of telecommunications services, and for related purposes
1 Section 1
Cites this Act as the Telecommunications Amendment Act 1988.
telecommunications-amendment-act-1988.pdf, p.4
2 Section 2
2(1) Section 2
2(2) Section 2
Conditional commencement of certain sections
2(3) Section 2
3 Section 3
telecommunications-amendment-act-1988.pdf, p.5
4 Section 4
This Act applies both within and outside Australia.
5 Section 5
Omits heading and substitutes new one for Part II
6 Section 6
The Australian Telecommunications Commission is preserved and continued in existence under the name of the Australian Telecommunications Corporation.
The Commission is preserved in existence.
7 Section 7
The Commission shall not carry on the business of providing space satellite facilities for use in telecommunications systems for neighbouring regions.
8 Section 8
telecommunications-amendment-act-1988.pdf, p.6
9 Section 9
Repeals Section 10A and substitutes a new section.
10 Section 10
telecommunications-amendment-act-1988.pdf, p.7
11 Section 11
12 Section 12
Governor-General must have regard to balance of expertise when appointing directors. Repeals Part IV and substitutes a new Part with Division 1—Board of Directors.
Governor-General must have regard to balance of expertise when appointing directors.
Classifies the legal effect as Undertaking.
13 Section 13
Repeal of Division 1 of Part V of the Principal Act.
telecommunications-amendment-act-1988.pdf, p.15
14 Section 14
The Corporation must achieve and maintain high standards as an employer.
The Corporation has a duty to achieve and maintain high standards.
15 Section 15
Amendment of Section 72A of the Principal Act
16 Section 16
Repeal of section 74 and amendment of section 73
17 Section 17
Repeal of Section 74 of the Principal Act
18 Section 18
Investment of Commission funds in sound commercial practice
19 Section 19
telecommunications-amendment-act-1988.pdf, p.16
20 Section 20
The Commission must include certain information in its report.
Particulars of companies, partnerships, and joint ventures; shares and securities subscribed for or disposed of; businesses acquired.
The Commission must include certain information.
The Commission must include information between certain dates.
If the Commission is a listed corporation, it must provide executive officer accounts.
Executive officer accounts must be provided.
If the Commission is taken to be a listed corporation, it must provide executive officer accounts.
Commission is taken to be a listed corporation
21 Section 21
Amendment of Section 103 of the Principal Act
22 Section 22
23 Section 23
telecommunications-amendment-act-1988.pdf, p.17
23(1) Section 23
23(2) Section 23
23(3) Section 23
24 Section 24
Telecommunications cannot be intercepted.
Prohibits interception of telecommunications.
Classifies telecommunications as non-interceptable.
25 Section 25
Permission for interception by PABX equipment installers
Interception by PABX equipment installers is allowed
26 Section 26
26(1) Section 26
26(2) Section 26
27 Section 27
Determinations made under section 11 of the Principal Act have effect as if they had been made under section 11 of the Principal Act as amended by this Act.
28 Section 28
Directions given by the Commission have effect as if they were directions given to the Board.
telecommunications-amendment-act-1988.pdf, p.18
29 Section 29
29(1) Section 29
Delegations from section 33 of the Principal Act continue under section 10B as amended.
29(2) Section 29
Delegation of powers continues after commencement
29(3) Section 29
Conditional commencement of section 10B and paragraph 27 (1) (b)
30 Section 30
30(1) Section 30
Continuation of office upon commencement of section 12
(1) The person who, immediately before the commencement of section 12 of this Act, holds office as Managing Director continues to hold that office.
The office is continued until further notice
Temporal continuation of office through diffusion
30(2) Section 30
Continuation of certain provisions from Principal Act
Continues application of certain provisions
and so apply as if references to a Commissioner were references to the Managing Director
Recurring application of certain provisions
Substitutes references to Commissioner with Managing Director
as if references to a Commissioner were references to the Managing Director
30(3) Section 30
No application of sections 33H to 33L in relation to the person.
30(4) Section 30
(4) Subsections (2) and (3) cease to have effect...
During the period of appointment as Managing Director
...if the person is appointed as Managing Director after the commencement of section 12 of this Act...
31 Section 31
telecommunications-amendment-act-1988.pdf, p.19
31(1) Section 31
(1) The person who, immediately before the commencement of section 12 of this Act...
The person continues to hold that office.
The state continues to hold that office.
31(2) Section 31
32 Section 32
Continuation of employment under amended Principal Act
33 Section 33
Conditional commencement of section 12 of this Act
34 Section 34
34(1) Section 34
Conditional commencement of Divisions 2 to 7 of Part V of the Principal Act.
34(2) Section 34
Conditional commencement of sections and parts
35 Section 35
References to certain entities are modified upon commencement of section 14.
36 Section 36
Section continues to apply to persons who have been officers despite amendments.
telecommunications-amendment-act-1988.pdf, p.20
37 Section 37
Preserves existing by-laws under section 111 of the Principal Act.
Requires temporal intervals for analysis.
38 Section 38
38(1) Section 38
Conditional commencement of section 14 of this Act
Imposes a duty on the Corporation to omit the definition of "officer of the Commission"
The definition of "officer of the Commission" is omitted
The Corporation must omit the definition
Imposes a duty on the Corporation to substitute the new definition
The Corporation must substitute the new definition
38(2) Section 38
Defines a temporal interval for commencement
If section 14 commences before section 12
...and until the commencement of section 12
39 Section 39
References to Commission after commencement of section 12 shall be read as references to Corporation.
Amendments to various sections of the law
telecommunications-amendment-act-1988.pdf, p.21
Amendments to certain sections by omitting 'Commission' and substituting 'Board'
Insert definitions for Board, Chairperson, Corporation, Deputy Chairperson, director, government director, and Managing Director.
telecommunications-amendment-act-1988.pdf, p.22
telecommunications-amendment-act-1988.pdf, p.28
telecommunications-amendment-act-1988.pdf, p.29
telecommunications-amendment-act-1988.pdf, p.30
Alters heading of section 89 of Telecommunications Act 1975 on commencement of section 14
telecommunications-amendment-act-1988.pdf, p.31