telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.5
May be cited as the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991.
1 Short title
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.7
became the holder of a general telecommunications licence in force under Part 5.
1 July 1991 and ending on the day on which the corporation
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.8
Payment of amount is a term and condition for interconnection right
10 Pre-existing interconnection rights
The payment of that amount is taken to have been agreed or determined as mentioned in paragraph 137(2)(b) of the Telecommunications Act 1991
Payment of amount is a term and condition for the right to interconnect facilities
11 Pre-existing class licences
Services supplied before class licences are issued under section 209 of the Telecommunications Act 1991 are taken to be supplied under class licences.
11(1) Pre-existing class licences
Conditional effect subject to section 12 of this Act.
11(2) Pre-existing class licences
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.9
12 Pre-existing eligible services
Service taken to be supplied under a class licence after repeal of section 104(1) of the Telecommunications Act 1991.
12(1) Pre-existing eligible services
Ceases to apply if service is not supplied in accordance with approval.
12(2) Pre-existing eligible services
Permits provision of telecommunications service using pre-existing numbers.
13 Pre-existing numbers
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.10
A technical standard has effect after repeal as if section 246 of the Telecommunications Act 1991 had commenced.
14 Effect of standards determined under section 106 of the
Imposes an obligation on the standard to have effect after repeal.
Pre-existing permits for connection of customer equipment
15 Pre-existing authorities for connection of customer equipment
Existing cabling licences are taken over by new licences with the same conditions.
16 Pre-existing licences for performing cabling work
The new cabling licence takes effect at the same time as the previous licence.
Temporal relation for taking over licences.
The new cabling licence is taken on the commencement of Part 12.
The holder of the new licence is implied to be the same as the holder of the previous licence.
If a person held the previous cabling licence, they are taken to be the holder of the new licence.
The CogAI system takes over the existing licence.
CogAI logic for recognising existing licences.
The CogAI system recognises the existence of the previous cabling licence.
New cabling licence includes the conditions of the previous licence.
Obligation to take over existing licences.
Previous cabling licence is taken to be a new cabling licence.
New cabling licence has the same conditions as the previous licence.
Description logic for including conditions in new licences.
The new cabling licence includes the conditions to which the previous cabling licence was subject.
The new cabling licence has the same conditions as the previous licence.
Diffusion logic for taking over licences.
The new cabling licence diffuses the conditions of the previous licence.
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.11
Continuation of pre-existing delegations after repeal and commencement
17 Pre-existing delegations by AUSTEL
Requires temporal relation between delegations
Delegation made under section 140 of the Telecommunications Act 1989
Continuation of investigations after repeal of Part 6 of the Telecommunications Act
18 Continuation of investigations
(1) Where before the repeal of Part 6 of the Telecommunications Act
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.12
19 Existing members and associate members of AUSTEL
Existing members of AUSTEL continue in office.
19(1) Existing members and associate members of AUSTEL
...as if: the person had been appointed under that section
(b) the person had been appointed under that section
...continues in office as if: section 368 of the Telecommunications Act 1991 had been in force when the appointment was made
(a) section 368 of the Telecommunications Act 1991 had been in force...
Knowledge representation for continuation
...continues in office for the unexpired portion of the period of his or her appointment
...continues in office as if: the person had been appointed under that section
Continue in office for unexpired portion of appointment period
19(2) Existing members and associate members of AUSTEL
continue in office for unexpired portion of appointment period
Existing directions continue in force after repeal of the Telecommunications Act 1989.
19(3) Existing members and associate members of AUSTEL
Directions given under subsection 160(5) overlap with existing directions.
(3) Any directions given under subsection 160(5) of the Telecommunications Act 1989 to a person referred to in subsection (2) that were in force immediately before the repeal of that Act continue in force as if:
Existing obligations continue after repeal.
1989 AUSTEL had commenced, but had not concluded and
AUSTEL must conduct an investigation and report on it.
1989(2) AUSTEL had commenced, but had not concluded and
Continuation of Part 6 of the Telecommunications Act 1989
1989(3) AUSTEL had commenced, but had not concluded and
2 Commencement
Commences on a specific day after Royal Assent.
2(1) Commencement
(1) Part 1 commences on the day on which this Act receives the Royal Assent.
If Part 1 begins, then that day is specified.
2(2) Commencement
Defines temporal interval for commencement
Supports a claim about the commencement date
Supports a claim about the application of the provision
Supports a claim about the scope of the provision
2(3) Commencement
20 Existing regulations under Telecommunications Act 1989
Existing regulations under Telecommunications Act 1989 continue in force.
20(1) Existing regulations under Telecommunications Act 1989
Reference to Telecommunications Act 1991 provision
20(2) Existing regulations under Telecommunications Act 1989
Exemption from Telecommunications Act 1989 regulation
20(3) Existing regulations under Telecommunications Act 1989
The regulation was made during the specified period
(3) This section does not apply to a regulation the making of which would not be authorised by the Telecommunications Act 1991.
Exempts regulations from Telecommunications Act 1989
The regulation diffuses to other regulations under Telecommunications Act 1989
Regulation diffuses to other regulations
The regulation applies only during the specified period
Regulation applies only during specified period
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21 Existing regulations under Telecommunications (Application
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.31
Transport and Communications Legislation Amendment Act (No. 3) 1992
21 Oct
Existing regulations under Telecommunications (Application Fees) Act 1989 continue in force.
21(1) Existing regulations under Telecommunications (Application
Reference to Telecommunications Act 1991 is taken in place of reference to Telecommunications Act 1989.
21(2) Existing regulations under Telecommunications (Application
Exemption from application of section for regulations not authorized by the Telecommunications (Application Fees) Act 1991.
21(3) Existing regulations under Telecommunications (Application
22 Application of State and Territory laws to Telecom
Requirement under State or Territory law is waived for Commonwealth.
22(1) Application of State and Territory laws to Telecom
Waiver of requirement under State or Territory law.
Conditional commencement of subsection (1)
22(2) Application of State and Territory laws to Telecom
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.14
23 Repeal of regulatory legislation
23 Mar
24 Repeal of Acts relating to Telecom and OTC
Conditional commencement of Territories Legislation Amendment Act 2016
24 Dec
Requires relation between identifiable temporal intervals for conditional commencement
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Amendments consequential on new regulatory legislation
25 Amendments consequential on new regulatory legislation
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.16
Amendments consequential on formation of AOTC
26 Amendments consequential on formation of AOTC
Conditional commencement of certain sections
27 June
Temporal relation is necessary for commencement
Requires temporal relation between intervals
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.6
3 Interpretation
3(1) Interpretation
Expresses meaning of terms in the Telecommunications Act 1991 for this Part.
3(2) Interpretation
Expressions have the same meanings as in the Telecommunications Act 1991.
Same meaning as in the Telecommunications Act 1991.
(2) In this Part, unless the contrary intention appears, expressions have the same meanings as in the Telecommunications Act 1991.
Expressions have the same meaning as in the Telecommunications Act 1991.
Amendments to the Territories Legislation Amendment Act 2016 do not affect the operation of this Part in relation to Norfolk Island.
3(3) Interpretation
This Part has effect despite anything contained in the Telecommunications Act 1991.
4 Application
5 Pre-existing notifications and directions to AUSTEL
5(1) Pre-existing notifications and directions to AUSTEL
Reference provision for Telecommunications Act 1991
5(2) Pre-existing notifications and directions to AUSTEL
6 Pre-existing advisory committees established by AUSTEL
Advisory committees established by AUSTEL are taken to have been established under section 53 of the Telecommunications Act 1991.
6(1) Pre-existing advisory committees established by AUSTEL
...on the commencement of that last-mentioned section.
Establishes a temporal relationship between the repeal of section 32 and the commencement of section 53.
Establishes a duty on the State to recognize existing advisory committees.
Direction taken over from pre-existing advisory committees
6(2) Pre-existing advisory committees established by AUSTEL
on the commencement of that last-mentioned subsection
Direction taken over within a temporal interval
(2) Any direction that was given by AUSTEL...
taken to have been given to AUSTEL under subsection 53(3)
Direction taken over implies a new obligation
established by AUSTEL under subsection (1)
Direction taken over diffuses to a new entity
7 Existing carriers may continue to operate pending grant of
Existing carriers may continue to operate pending grant of
7(1) Existing carriers may continue to operate pending grant of
corporation to which this section applies means AUSSAT, OTC or Telecom.
Existing carriers may continue to operate pending grant of licence.
7(2) Existing carriers may continue to operate pending grant of
Temporal interval from commencement to decision or notice publication.
(2) A corporation to which this section applies may, after the commencement of this section...
Recognition of existing carriers by AI system.
Continue operation until decision is made or notice is published.
Spread of information about licence grant decision and notice publication.
Recurring trace of decision and notice publication.
A corporation is taken to have been a general carrier.
7(3) Existing carriers may continue to operate pending grant of
Temporal overlap with Telecommunications Act 1991
(3) A corporation to which this section applies is taken to have been a general carrier within the meaning of the Telecommunications Act 1991, otherwise than for the purposes of Divisions 2 and 3 of
Recurring trace with Telecommunications Act 1991
Disclosure of pre-existing communications after commencement
8 Disclosure of pre-existing communications
Obliges the person to disclose pre-existing communications after commencement
Continuation of section 69 despite repeal
9 Relief in respect of past infringing conduct
telecommunications-transitional-provisions-and-consequential-amendments-act-1991.pdf, p.1
Includes amendments up to Act No. 33, 2016
1 July 2016
Compilation information and notes on amendments.
18 July 2016
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991