TELSTRA CORPORATION AND OTHER LEGISLATION AMENDMENT BILL 2021

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 3

Schedule 1--Amendments commencing on the day after Royal

Assent

Part 1--Amendments

Telecommunications Act 1997

Telstra Corporation Act 1991

Telstra Corporation (Ownership--Interests in Shares)

Regulations 2018

Part 2--Transitional

Schedule 2--Amendments contingent on the implementation of

an approved scheme of arrangement

Part 1--Main amendments

Division 1--Amendments

Competition and Consumer Act 2010

Telecommunications Act 1997

Telecommunications (Consumer Protection and Service Standards)

Act 1999

Division 2--Transitional

Part 2--Other amendments

A Code of Access to Telecommunications Transmission Towers, Sites

of Towers and Underground Facilities

Telecommunications Act 1997

Telecommunications (Carrier Licence Conditions - Telstra

Corporation Limited) Declaration 2019

Telecommunications (Emergency Call Persons) Determination 2019

Telecommunications (Emergency Call Service) Determination 2019

Telecommunications (Statutory Infrastructure Providers--Exempt

Real Estate Development Projects and Building Redevelopment

Projects) Determination (No.1) 2020

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Schedule 3--Amendments relating to contracts and agreements

Telecommunications Act 1997

Telecommunications (Consumer Protection and Service Standards)

Act 1999

Schedule 4--Amendments relating to access to supplementary

facilities and telecommunications transmission

towers

Telecommunications Act 1997

Telecommunications (Arbitration) Regulations 2018

Schedule 5--Exemption from sunsetting

Legislation (Exemptions and Other Matters) Regulation 2015

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

A Bill for an Act to amend legislation relating to

Telstra, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Telstra Corporation and Other Legislation

Amendment Act 2021

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

The day after this Act receives the Royal

Assent.

3. Schedules 2

and 3

At the earliest time when any of the property

of Telstra Corporation Limited (ACN

051 775 556) is transferred to and vested in

Telstra Limited (ACN 086 174 781) by

virtue of an order of the Federal Court of

Australia made in accordance with

section 413 of the

Corporations Act 2001

However, the provisions do not commence

at all if none of the property of Telstra

Corporation Limited (ACN 051 775 556) is

transferred to and vested in Telstra Limited

(ACN 086 174 781) by virtue of an order of

the Federal Court of Australia made in

accordance with section 413 of the

Corporations Act 2001

The Minister must announce, by notice

published on the Department's website, the

commencement of the provisions.

4. Schedules 4

and 5

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Note 1:

The provisions of the

Telstra Corporation (Ownership--Interests in

Shares) Regulations 2018

amended or inserted by this Act, and any

other provisions of those regulations, may be amended or repealed by

regulations made under section 42 of the

Telstra Corporation Act

1991

(see subsection 13(5) of the

Legislation Act 2003

Note 2:

The provisions of the

A Code of Access to Telecommunications

Transmission Towers, Sites of Towers and Underground Facilities

amended or inserted by this Act, and any other provisions of that

Code, may be amended or repealed by an instrument made under

subclause 37(1) of Schedule 1 to the

Telecommunications Act 1997

(see subsection 13(5) of the

Legislation Act 2003

Note 3:

The provisions of the

Telecommunications (Arbitration)

Regulations 2018

amended or inserted by this Act, and any other

provisions of those regulations, may be amended or repealed by

regulations made under section 594 of the

Telecommunications Act

1997

(see subsection 13(5) of the

Legislation Act 2003

Note 4:

The provisions of the

Telecommunications (Carrier Licence

Conditions - Telstra Corporation Limited) Declaration 2019

amended

or inserted by this Act, and any other provisions of that declaration,

may be varied by an instrument made under subsection 63(5) of the

Telecommunications Act 1997

, or revoked by an instrument made

under subsection 63(6) of that Act (see subsection 13(5) of the

Legislation Act 2003

Note 5:

The provisions of the

Telecommunications (Emergency Call Persons)

Determination 2019

amended or inserted by this Act, and any other

provisions of that determination, may be amended or repealed by an

instrument made under paragraph 19(1)(b) of the

Telecommunications

Act 1997

(see subsection 13(5) of the

Legislation Act 2003

Note 6:

The provisions of the

Telecommunications (Emergency Call Service)

Determination 2019

amended or inserted by this Act, and any other

provisions of that determination, may be amended or repealed by an

instrument made under subsection 147(1) of the

Telecommunications

(Consumer Protection and Service Standards) Act 1999

(see

subsection 13(5) of the

Legislation Act 2003

Note 7:

The provisions of the

Telecommunications (Statutory Infrastructure

Providers--Exempt Real Estate Development Projects and Building

Redevelopment Projects) Determination (No.1) 2020

amended or

inserted by this Act, and any other provisions of that instrument, may

be amended or repealed by an instrument made under

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

subsection 360H(3A) or (5A), or both, of the

Telecommunications Act

1997

(see subsection 13(5) of the

Legislation Act 2003

Note 8:

The provisions of the

Legislation (Exemptions and Other Matters)

Regulation 2015

amended or inserted by this Act, and any other

provisions of those regulations, may be amended or repealed by

regulations made under section 62 of the

Legislation Act 2003

(see

subsection 13(5) of that Act).

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Schedule 1--Amendments commencing on

the day after Royal Assent

Part 1--Amendments

Telecommunications Act 1997

1 Section 7

Insert:

demerged Telstra company

has the meaning given by section 581J.

designated Telstra successor company

: see section 581G.

Telstra successor company

: see section 581F.

2 Before subsection 577BA(11)

Insert:

(10C) If:

(a) a contract, arrangement or understanding (the

first contract,

arrangement or understanding

) is covered by another

subsection of this section; and

(b) the first contract, arrangement or understanding was in force

immediately before the commencement of this subsection;

and

or more NBN corporations enter into to another contract,

arrangement or understanding; and

(d) the sole purpose of the other contract, arrangement or

understanding is to do any or all of the following:

(i) provide that an obligation imposed on Telstra under the

first contract, arrangement or understanding extends to

one or more designated Telstra successor companies;

(ii) provide that a right conferred on Telstra under the first

contract, arrangement or understanding extends to one

or more designated Telstra successor companies;

(iii) provide that an obligation that an NBN corporation

owes to Telstra under the first contract, arrangement or

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

understanding extends so that the obligation is also

owed to one or more designated Telstra successor

companies;

(iv) provide that a right that an NBN corporation has against

Telstra under the first contract, arrangement or

understanding extends so that the right is also against

one or more designated Telstra successor companies;

then:

(d) the entering into of the other contract, arrangement or

understanding; and

(e) conduct engaged in by:

(i) a designated Telstra successor company; or

(ii) an NBN corporation; or

(iii) a body corporate that is a related body corporate (within

the meaning of the

Corporations Act 2001

) of a

designated Telstra successor company; or

(iv) a body corporate that is a related body corporate (within

the meaning of the

Corporations Act 2001

) of an NBN

corporation;

in order to give effect to the other contract, arrangement or

understanding;

is authorised for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010

3 After Part 34

Insert:

Part 34A--Telstra successor companies and

designated Telstra successor companies

Division 1--Introduction

581A Simplified outline of this Part

•

This Part sets out a mechanism for identifying Telstra

successor companies and designated Telstra successor

companies.

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

•

If a Telstra successor company or a designated Telstra

successor company transfers the whole or part of a

telecommunications business, the company must notify the

ACMA of the transfer.

•

If a Telstra successor company or a designated Telstra

successor company proposes to transfer the whole or part of a

prescribed business and the transferee is not a constitutional

corporation, the company must notify the ACMA of the

proposed transfer.

•

If a Telstra successor company or a designated Telstra

successor company transfers a telecommunications asset, the

company must notify the ACMA of the transfer.

•

If a Telstra successor company or a designated Telstra

successor company proposes to transfer a prescribed asset and

the transferee is not a constitutional corporation, the company

must notify the ACMA of the proposed transfer.

Note:

Certain telecommunications laws impose obligations on, or in relation

to, Telstra successor companies or designated Telstra successor

companies.

581B Object of this Part

The object of this Part, when read together with various other

provisions of telecommunications laws that refer to a Telstra

successor company or a designated Telstra successor company, is

to achieve regulatory equivalence between:

(a) Telstra as it stood at the end of July 2021; and

(b) companies that are the successors (whether immediate or

otherwise) of Telstra.

581C Company

For the purposes of this Part,

company

means a body corporate.

581D Telecommunications law

For the purposes of this Part,

telecommunications law

means:

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(a) this Act; or

(b) the

Telecommunications (Consumer Protection and Service

Standards) Act 1999

; or

Competition and Consumer Act 2010

; or

(d) Part XIC of the

Competition and Consumer Act 2010

; or

(e) the

Telstra Corporation Act 1991

; or

(f) an instrument made under or for the purposes of:

(i) this Act; or

(ii) the

Telecommunications (Consumer Protection and

Service Standards) Act 1999

; or

(iii) Part XIB of the

Competition and Consumer Act 2010

; or

(iv) Part XIC of the

Competition and Consumer Act 2010

; or

(v) the

Telstra Corporation Act 1991

581E Prescribed telecommunications law

For the purposes of this Part,

prescribed

telecommunications law

means:

(a) the

Telstra Corporation Act 1991

; or

(b) this Part; or

(i) the

Telstra Corporation Act 1991

; or

(ii) this Part.

Division 2--Telstra successor company and designated

Telstra successor company

581F Telstra successor company

(1) For the purposes of each prescribed telecommunications law,

Telstra successor company

means a demerged Telstra company.

Note:

For

demerged Telstra company

, see section 581J.

(2) Subsection (1) has effect subject to subsections (6), (7) and (8).

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Declarations--extended meaning of Telstra successor company

(3) The Minister may, by legislative instrument, declare that a

specified company (other than a demerged Telstra company) is a

Telstra successor company for the purposes of each prescribed

telecommunications law.

Note 1:

For criteria, see section 581H.

Note 2:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(4) The Minister may, by legislative instrument, declare that a

specified company (other than a demerged Telstra company) is a

Telstra successor company for the purposes of one or more

specified prescribed telecommunications laws.

Note 1:

For criteria, see section 581H.

Note 2:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(5) The Minister may, by legislative instrument, declare that a

specified company (other than a demerged Telstra company) is a

Telstra successor company for the purposes of one or more

specified provisions of one or more prescribed telecommunications

laws.

Note 1:

For criteria, see section 581H.

Note 2:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

Declarations--excluded company

(6) The Minister may, by legislative instrument, declare that a

specified company is not a Telstra successor company for the

purposes of each prescribed telecommunications law.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(7) The Minister may, by legislative instrument, declare that a

specified company is a not a Telstra successor company for the

purposes of one or more specified prescribed telecommunications

laws.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(8) The Minister may, by legislative instrument, declare that a

specified company is a not a Telstra successor company for the

purposes of one or more specified provisions of one or more

prescribed telecommunications laws.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

Declaration is irrevocable

(9) A declaration under subsection (6), (7) or (8) is irrevocable.

(10) Subsection (9) does not prevent a declaration from being

disallowed under the

Legislation Act 2003

Declarations may be unconditional or conditional

(11) A declaration under this section may be unconditional or subject to

such conditions (if any) as are specified in the declaration.

581G Designated Telstra successor company

(1) For the purposes of each telecommunications law,

designated

Telstra successor company

means a demerged Telstra company.

Note:

For

demerged Telstra company

, see section 581J.

(2) Subsection (1) has effect subject to subsections (6), (7) and (8).

Declarations--extended meaning of designated Telstra successor

company

(3) The Minister may, by legislative instrument, declare that a

specified company (other than a demerged Telstra company) is a

designated

Telstra successor company for the purposes of each

telecommunications law.

Note 1:

For criteria, see section 581H.

Note 2:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(4) The Minister may, by legislative instrument, declare that a

specified company (other than a demerged Telstra company) is a

designated

Telstra successor company for the purposes of one or

more specified telecommunications laws.

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Note 1:

For criteria, see section 581H.

Note 2:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(5) The Minister may, by legislative instrument, declare that a

specified company (other than a demerged Telstra company) is a

designated

Telstra successor company for the purposes of one or

more specified provisions of one or more telecommunications

laws.

Note 1:

For criteria, see section 581H.

Note 2:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

Declarations--excluded company

(6) The Minister may, by legislative instrument, declare that a

specified company is not a designated

Telstra successor company

for the purposes of each telecommunications law.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(7) The Minister may, by legislative instrument, declare that a

specified company is a not a designated

Telstra successor company

for the purposes of one or more specified telecommunications

laws.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(8) The Minister may, by legislative instrument, declare that a

specified company is a not designated

Telstra successor company

for the purposes of one or more specified provisions of one or more

telecommunications laws.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

Declaration is irrevocable

(9) A declaration under subsection (6), (7) or (8) is irrevocable.

(10) Subsection (9) does not prevent a declaration from being

disallowed under the

Legislation Act 2003

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Declarations may be unconditional or conditional

(11) A declaration under this section may be unconditional or subject to

such conditions (if any) as are specified in the declaration.

581H Declarations--criteria

(1) In deciding whether to specify a company (the

relevant company

)

in a declaration under subsection 581F(3), (4) or (5) or 581G(3),

(4) or (5), the Minister must have regard to the following matters:

(a) the object set out in section 581B;

(b) the compliance burden (if any) that would result for the

relevant company if the declaration were made;

successor company has transferred the whole or a part of a

telecommunications business to the relevant company;

(d) whether a Telstra successor company or a designated Telstra

successor company has transferred a telecommunications

asset to the relevant company;

(e) such other matters (if any) as the Minister considers relevant.

(2) The Minister must not specify a company in a declaration under

subsection 581F(3), (4) or (5) or 581G(3), (4) or (5) unless the

company:

(a) is a constitutional corporation; or

(b) carries on a telecommunications business covered by

paragraph 581L(1)(a), (b) or (c).

581J Demerged Telstra company

For the purposes of this Act, each of the following companies is a

demerged Telstra company

(a) Telstra Group Limited (ACN 650 620 303), as the company

exists from time to time (even if its name is later changed);

(b) Telstra Infraco Limited (ACN 051 775 556), as the company

exists from time to time (even if its name is later changed);

from time to time (even if its name is later changed);

(d) Telstra Limited (ACN 086 174 781), as the company exists

from time to time (even if its name is later changed).

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Note:

See also section 581U (transitional--references in legislation to

Telstra Infraco Limited).

581K ACMA to maintain register of Telstra successor companies

and designated Telstra successor companies etc.

(1) The ACMA is to maintain a Register in which the ACMA

includes:

(a) for each company that is a Telstra successor company for the

purposes of each prescribed telecommunications law because

of subsection 581F(1)--the name and ACN of that company;

and

(b) for each company that is a Telstra successor company for the

purposes of each prescribed telecommunications law because

of a declaration under subsection 581F(3):

(i) the name and ACN of that company; and

(ii) the details of the declaration; and

purposes of one or more prescribed telecommunications laws

because of a declaration under subsection 581F(4):

(i) the name and ACN of that company; and

(ii) the details of the declaration; and

(d) for each company that is a Telstra successor company for the

purposes of one or more provisions of one or more prescribed

telecommunications laws because of a declaration under

subsection 581F(5):

(i) the name and ACN of that company; and

(ii) the details of the declaration; and

(e) for each company that is covered by a declaration under

subsection 581F(6), (7) or (8):

(i) the name and ACN of that company; and

(ii) the details of the declaration; and

(f) for each company that is a designated

Telstra successor

company for the purposes of each telecommunications law

because of subsection 581G(1)--the name and ACN of that

company; and

(g) for each company that is a designated

Telstra successor

company for the purposes of each telecommunications law

because of a declaration under subsection 581G(3):

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(i) the name and ACN of that company; and

(ii) the details of the declaration; and

(h) for each company that is a designated

Telstra successor

company for the purposes of one or more

telecommunications laws because of a declaration under

subsection 581G(4):

(i) the name and ACN of that company; and

(ii) the details of the declaration; and

(i) for each company that is a designated

Telstra successor

company for the purposes of one or more provisions of one

or more telecommunications laws because of a declaration

under subsection 581G(5):

(i) the name and ACN of that company; and

(ii) the details of the declaration; and

(j) for each company that is covered by a declaration under

subsection 581G(6), (7) or (8):

(i) the name and ACN of that company; and

(ii) the details of the declaration.

(2) The Register is to be maintained by electronic means.

(3) The Register is to be made available for inspection on the ACMA's

website.

(4) The Register is not a legislative instrument.

Division 3--Transfer of business

581L Telecommunications business

(1) For the purposes of this Part,

telecommunications business

means:

(a) a business that consists of or includes the supply of a listed

carriage service; or

(b) a business that consists of or includes the supply of a service

that facilitates the supply of a listed carriage service; or

operating or providing access to:

(i) a telecommunications network; or

(ii) a facility;

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

used to supply a listed carriage service; or

(d) a business that is covered by a declaration under

subsection (2);

but does not include a business that is covered by a declaration

under subsection (3).

(2) The Minister may, by legislative instrument, declare that a

specified business is a telecommunications business for the

purposes of this Part.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(3) The Minister may, by legislative instrument, declare that a

specified business is not a telecommunications business for the

purposes of this Part.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

581M Notification of transfer of telecommunications business

(1) If:

(a) after the commencement of Schedule 2 to the

Telstra

Corporation and Other Legislation Amendment Act 2021

, a

Telstra successor company or a designated

Telstra successor

company transfers the whole or a part of a

telecommunications business; and

(b) the transfer is not covered by a declaration under

subsection (2); and

declaration under subsection (3); and

(d) the conditions (if any) declared under subsection (4) have

been satisfied; and

(e) a declaration is in force under subsection (5);

the company must:

(f) notify the ACMA in writing of the transfer; and

(g) do so within 5 business days after the transfer.

(2) The Minister may, by legislative instrument, declare that a

specified transfer is exempt from subsection (1).

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(3) The Minister may, by legislative instrument, declare that a

specified telecommunications business is exempt from

subsection (1).

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(4) The Minister may, by legislative instrument, declare one or more

conditions for the purposes of paragraph (1)(d).

(5) The Minister may, by legislative instrument, declare that

subsection (1) is active.

(6) Subsection (1) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

(7) If the ACMA receives a notification under subsection (1), the

ACMA must give a copy of the notification to the Minister.

581MA Notification of proposed transfer of prescribed business

(1) If:

(a) a company is:

(i) a Telstra successor company or a designated Telstra

successor company; and

(ii) a constitutional corporation; and

(b) the company proposes to transfer the whole or a part of a

prescribed business after the commencement of Schedule 2 to

the

Telstra Corporation and Other Legislation Amendment

Act 2021

; and

the company must:

(d) notify the ACMA in writing of the proposed transfer; and

(e) do so at least 30 days before the proposed transfer date.

(2) Subsection (1) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(3) If the ACMA receives a notification under subsection (1), the

ACMA must give a copy of the notification to the Minister.

(4) For the purposes of this section,

prescribed business

means a

business in a prescribed class of businesses.

(5) The Minister may, by legislative instrument, declare that one or

more specified classes of businesses are prescribed classes of

businesses for the purpose of subsection (4).

Division 4--Transfer of assets

581N Telecommunications asset

(1) For the purposes of this Part,

telecommunications asset

means:

(a) a telecommunications network used, or to be used, to supply

a listed carriage service; or

(b) a facility used, or to be used, to supply a listed carriage

service; or

but does not include an asset that is covered by a declaration under

subsection (3).

(2) The Minister may, by legislative instrument, declare that a

specified asset is a telecommunications asset for the purposes of

this Part.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(3) The Minister may, by legislative instrument, declare that a

specified asset is not a telecommunications asset for the purposes

of this Part.

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

581P Notification of transfer of telecommunications asset

(1) If:

(a) after the commencement of Schedule 2 to the

Telstra

Corporation and Other Legislation Amendment Act 2021

, a

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Telstra successor company or a designated

Telstra successor

company transfers a telecommunications asset; and

(b) the transfer is not covered by a declaration under

subsection (2); and

under subsection (3); and

(d) the conditions (if any) declared under subsection (4) have

been satisfied; and

(e) a declaration is in force under subsection (5);

the company must:

(f) notify the ACMA in writing of the transfer; and

(g) do so within 5 business days after the transfer.

(2) The Minister may, by legislative instrument, declare that a

specified transfer is exempt from subsection (1).

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(3) The Minister may, by legislative instrument, declare that a

specified telecommunications asset is exempt from subsection (1).

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

(4) The Minister may, by legislative instrument, declare one or more

conditions for the purposes of paragraph (1)(d).

(5) The Minister may, by legislative instrument, declare that

subsection (1) is active.

(6) Subsection (1) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

(7) If the ACMA receives a notification under subsection (1), the

ACMA must give a copy of the notification to the Minister.

581PA Notification of proposed transfer of prescribed asset

(1) If:

(a) a company is:

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(i) a Telstra successor company or a designated Telstra

successor company; and

(ii) a constitutional corporation; and

(b) the company proposes to transfer a prescribed asset after the

commencement of Schedule 2 to the

Telstra Corporation and

Other Legislation Amendment Act 2021

; and

the company must:

(d) notify the ACMA in writing of the proposed transfer; and

(e) do so at least 30 days before the proposed transfer date.

(2) Subsection (1) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

(3) If the ACMA receives a notification under subsection (1), the

ACMA must give a copy of the notification to the Minister.

(4) For the purposes of this section,

prescribed asset

means an asset in

a prescribed class of assets.

(5) The Minister may, by legislative instrument, declare that one or

more specified classes of assets are prescribed classes of assets for

the purpose of subsection (4).

(6) The Minister must not specify a class of assets under subsection (5)

unless each asset in the class is, or was, used by a Telstra successor

company or a designated Telstra successor company:

(a) in connection with the fulfillment of any of the obligations

imposed on the company by or under a telecommunications

law; or

(b) in order to maintain the company's capability (including the

technical, operational or organisational capability) to comply

with obligations imposed on the company by or under a

telecommunications law.

581Q Transfer of an asset

For the purposes of this Part, a transfer of an asset occurs if:

(a) the legal ownership of the asset is transferred in whole or in

part; or

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(b) the beneficial ownership of the asset is transferred in whole

or in part (whether by way of a declaration of trust or in any

other way); or

Division 5--Consultation relating to declarations

581R Consultation relating to declarations

(1) Before making or varying a declaration under this Part (other than

Division 2), the Minister must:

(a) make a copy of the draft declaration or variation available on

the Department's website; and

(b) publish a notice on the Department's website:

(i) stating that the Minister has prepared the draft; and

(ii) inviting interested persons to give written comments

about the draft to the Minister within the period

specified in the notice.

(2) The period specified in the notice must run for at least 30 days

after the publication of the notice.

(3) If interested persons have given comments in accordance with a

notice under subsection (1), the Minister must have due regard to

those comments in making or varying the declaration.

Division 6--Directions

581TA Facilitation of compliance with a direction given by the

ACMA

(1) If:

(a) a designated Telstra successor company (the

first designated

Telstra successor company

) is subject to a direction (the

first

direction

) given by the ACMA under this Act or the

Telecommunications (Consumer Protection and Service

Standards) Act 1999

; and

(b) the ACMA is satisfied that the first designated Telstra

successor company has failed, is failing, or is likely to fail, to

comply with the first direction;

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

the ACMA may give:

(d) a body corporate that is a related body corporate (within the

meaning of the

Corporations Act 2001

) of the first

designated Telstra successor company;

a written direction to take specified action.

(2) The ACMA must not give a direction to a body corporate under

subsection (1) unless:

(a) the ACMA is satisfied that the action specified in the

direction will facilitate the first designated Telstra successor

company complying with the first direction; and

(b) the ACMA is satisfied that the body corporate:

(i) has the capability (including the technical, operational

and organisational capability) to comply with the

direction; or

(ii) could reasonably acquire the capability (including the

technical, operational and organisational capability) to

comply with the direction; and

(i) is a constitutional corporation; or

(ii) carries on a telecommunications business covered by

paragraph 581L(1)(a), (b) or (c).

Compliance with requirement

(3) A body corporate must comply with a direction under

subsection (1).

Civil penalty

(4) Subsection (3) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Consultation

(5) Before the ACMA gives or varies a direction under subsection (1),

the ACMA must consult the ACCC.

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(6) Before giving or varying a direction under subsection (1), the

ACMA must:

(a) make a copy of the draft direction or variation available on

the ACMA's website; and

(b) publish a notice on the ACMA's website:

(i) stating that the ACMA has prepared the draft; and

(ii) inviting interested persons to give written comments

about the draft to the ACMA within the period specified

in the notice.

(7) The period specified in the notice must run for at least 30 days

after the publication of the notice.

(8) If interested persons have given comments in accordance with a

notice under subsection (6), the ACMA must have due regard to

those comments in giving or varying the direction.

581TB Facilitation of obligations imposed on a named designated

Telstra successor company

(1) If:

(a) an obligation (the

relevant obligation

) is imposed on a

named designated Telstra successor company (the

first

designated Telstra successor company

) by or under a

telecommunication law; and

(b) the Minister is satisfied that the first designated Telstra

successor company has failed, is failing, or is likely to fail, to

fulfil the relevant obligation;

the Minister may give:

(d) a body corporate that is a related body corporate (within the

meaning of the

Corporations Act 2001

) of the first

designated Telstra successor company;

a written direction to take specified action.

(2) The Minister must not give a direction to a body corporate under

subsection (1) unless:

(a) the Minister is satisfied that the action specified in the

direction will assist the first designated Telstra successor

company to fulfil the relevant obligation; and

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(b) the Minister is satisfied that the body corporate:

(i) has the capability (including the technical, operational

and organisational capability) to comply with the

direction; or

(ii) could reasonably acquire the capability (including the

technical, operational and organisational capability) to

comply with the direction; and

(i) is a constitutional corporation; or

(ii) carries on a telecommunications business covered by

paragraph 581L(1)(a), (b) or (c).

Compliance with requirement

(3) A body corporate must comply with a direction under

subsection (1).

Civil penalty

(4) Subsection (3) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Consultation

(5) Before giving or varying a direction under subsection (1), the

Minister must:

(a) make a copy of the draft direction or variation available on

the Minister's website; and

(b) publish a notice on the Minister's website:

(i) stating that the Minister has prepared the draft; and

(ii) inviting interested persons to give written comments

about the draft to the Minister within the period

specified in the notice.

(6) Subject to subsection (7), the period specified in the notice must

run for at least 30 days after the publication of the notice.

(7) The period specified in the notice may be shorter than 30 days if

the Minister is satisfied that the shorter period is necessary due to

urgent circumstances.

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(8) If interested persons have given comments in accordance with a

notice under subsection (5), the Minister must have due regard to

those comments in giving or varying the direction.

Division 7--Transitional

581U Transitional--references in legislation to Telstra Infraco

Limited

Scope

(1) This section applies if, as at the commencement of this section, the

name of Telstra Corporation Limited (ACN 051 775 556) had not

been changed to Telstra Infraco Limited.

Transitional

(2) Until the name of Telstra Corporation Limited (ACN 051 775 556)

is changed to Telstra Infraco Limited, a reference to Telstra Infraco

Limited in a telecommunications law is to be read as a reference to

Telstra Corporation Limited.

5 At the end of subclause 17(1) of Schedule 1

Add:

Note:

See also section 581ZD.

Telstra Corporation Act 1991

9 Section 3 (paragraph (b) of the definition of Telstra)

Omit "1993.", substitute "1993;".

10 Section 3 (at the end of the definition of Telstra, after

paragraph (b))

Add:

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

as the company exists from time to time (even if its name is later

changed).

11 Section 3

Insert:

Telstra successor company

: see section 581F of the

Telecommunications Act 1997

12 Part 2A (heading)

Omit "

Telstra

", substitute "

Telstra successor companies

13 Section

8BD (paragraph beginning "Telstra is subject to")

Omit "Telstra", substitute "A Telstra successor company".

14 Section

8BD (paragraph beginning "Telstra's head office")

Omit "Telstra's", substitute "A Telstra successor company's".

15 Section

8BD (paragraph beginning "Telstra's

Chairperson")

Repeal the paragraph, substitute:

•

A Telstra successor company's Chairperson, and a majority of

a Telstra successor company's directors, must be Australian

citizens.

16 Section 8BE (note 1)

Omit "Telstra" (wherever occurring), substitute "a Telstra successor

company".

17 Section 8BE (note 2A)

Omit "Telstra", substitute "a Telstra successor company".

18 Section 8BG

Omit "Telstra" (first occurring), substitute "a Telstra successor

company".

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

19 Paragraphs 8BG(a) and (b)

Omit "Telstra", substitute "the Telstra successor company".

20 Section 8BG (note 1)

Omit "Telstra", substitute "a Telstra successor company".

21 Paragraph 8BH(b)

Omit "Telstra" (first occurring), substitute "a Telstra successor

company".

22 Subparagraph 8BH(b)(i)

Omit "Telstra", substitute "the Telstra successor company".

23 Subparagraphs 8BH(b)(ii) and (iii)

Omit "Telstra" (wherever occurring), substitute "the Telstra successor

company".

24 Section 8BH (note)

Omit "Telstra", substitute "a Telstra successor company".

25 Section 8BI (heading)

Omit "

Telstra

", substitute "

Telstra successor companies

26 Subsection 8BI(1)

Omit "Telstra" (first occurring), substitute "A Telstra successor

company".

27 Subsection 8BI(1)

Omit "Telstra" (second occurring), substitute "the Telstra successor

company".

28 Subsection 8BI(2)

Omit "Telstra", substitute "A Telstra successor company".

29 Paragraph 8BI(2)(a)

Omit "Telstra", substitute "the Telstra successor company".

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

30 Subsection 8BJ(1)

Omit "Telstra" (first occurring), substitute "a Telstra successor

company".

31 Subsection 8BJ(1)

Omit "Telstra" (second occurring), substitute "the Telstra successor

company".

32 Paragraph 8BM(1)(c)

Omit "Telstra", substitute "a Telstra successor company".

33 Paragraph 8BN(1)(c)

Omit "Telstra", substitute "a Telstra successor company".

34 Subsection 8BN(5)

Omit "Telstra" (first occurring), substitute "a Telstra successor

company".

35 Subsection 8BN(5)

Omit "Telstra" (second occurring), substitute "the Telstra successor

company".

36 Paragraphs 8BN(6)(a) and (b)

Omit "Telstra", substitute "a Telstra successor company".

37 Division 8 of Part 2A (heading)

Omit "

Telstra

", substitute "

a Telstra successor company

38 Subsection 8BQ(1)

Omit "Telstra" (first occurring), substitute "A Telstra successor

company".

39 Subsection 8BQ(1)

Omit "Telstra" (second occurring), substitute "the Telstra successor

company".

40 Subsection 8BR(1)

Omit "Telstra", substitute "A Telstra successor company".

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

41 Subsection 8BR(2)

Omit "Telstra's", substitute "a Telstra successor company's".

42 Section 8BS (heading)

Omit "

Telstra

", substitute "

Telstra successor companies

43 Subsection 8BS(1)

Omit "Telstra", substitute "A Telstra successor company".

44 Division 9 of Part 2A (heading)

Omit "

Telstra

", substitute "

Telstra successor companies

45 Subsection 8BT(1)

Omit "Telstra", substitute "A Telstra successor company".

46 Subsection 8BU(1)

Omit "Telstra", substitute "A Telstra successor company".

47 Subsection 8BUA(1)

Omit "Telstra", substitute "A Telstra successor company".

48 Section 8BY (heading)

Omit "

Telstra

", substitute "

Telstra successor companies

49 Section 8BY

Omit "Telstra", substitute "a Telstra successor company".

50 Section 8CC

Omit "to Telstra unless Telstra", substitute "in relation to a Telstra

successor company unless the Telstra successor company".

51 After paragraph 8CC(a)

Insert:

(aa) is a holding company (within the meaning of the

Corporations Act 2001

) of a body corporate that is a

corporation to which paragraph 51(xx) of the Constitution

applies; or

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

52 At the end of section 8CC

Add:

; or (c) carries on a business that consists of or includes the supply of

a service that facilitates the supply of a carriage service

(within the meaning of the

Telecommunications Act 1997

); or

(d) carries on a business that consists of or includes installing,

maintaining, operating or providing access to:

(i) a telecommunications network (within the meaning of

the

Telecommunications Act 1997

); or

(ii) a facility (within the meaning of the

Telecommunications Act 1997

);

used to supply a carriage service (within the meaning of the

Telecommunications Act 1997

); or

(e) is a holding company (within the meaning of the

Corporations Act 2001

) of a body corporate that carries on a

business covered by paragraph (b), (c) or (d).

53 Subsection 8CCA(1)

Omit "Telstra" (first occurring), substitute "A Telstra successor

company".

54 Subsection 8CCA(1)

Omit "Telstra" (second and third occurring), substitute "the Telstra

successor company".

55 Part 2B (heading)

Omit "

relating to

Telstra

56 Subsections 8CD(2) and (4)

Omit "Telstra", substitute "a Telstra successor company".

57 Subclause 12(4A) of the Schedule

Omit "Telstra" (first occurring), substitute "a Telstra successor

company".

58 Subclause 12(4A) of the Schedule

Omit "Telstra" (second occurring), substitute "the Telstra successor

company".

Schedule 1

Amendments commencing on the day after Royal Assent

Part 1

Amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

59 Subclause 12(4AA) of the Schedule

Omit "Telstra", substitute "a Telstra successor company".

60 Paragraph 12(4AB)(a) of the Schedule

Omit "Telstra", substitute "a Telstra successor company".

61 Subclause 12(6) of the Schedule

Omit "Telstra" (first occurring), substitute "a Telstra successor

company".

62 Paragraphs 12(6)(a), (b) and (c) of the Schedule

Omit "Telstra", substitute "the Telstra successor company".

Telstra Corporation (Ownership--Interests in Shares)

Regulations 2018

63 Section 5 (after paragraph (c) of the note)

Insert:

(ca) Telstra successor company;

64 Subsection 8(1)

Omit "Telstra" (first occurring), substitute "A Telstra successor

company".

65 Subsection 8(1)

Omit "Telstra" (second occurring), substitute "the Telstra successor

company".

66 Paragraphs 8(1)(a) and (b)

Omit "Telstra", substitute "the Telstra successor company".

66A Paragraphs 8(3)(b) and (c)

Omit "Telstra", substitute "the Telstra successor company".

67 Subsection 9(1)

Omit "Telstra" (first occurring), substitute "a Telstra successor

company".

Amendments commencing on the day after Royal Assent

Schedule 1

Amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

68 Subsection 9(1)

Omit "Telstra" (second occurring), substitute "the Telstra successor

company".

69 Subsection 9(3)

Omit "Telstra", substitute "The Telstra successor company".

70 Subsection 14(1)

Omit "Telstra", substitute "a Telstra successor company".

71 Section 15 (heading)

Omit "

Telstra

", substitute "

Telstra successor company

72 Paragraph 15(1)(a)

Omit "Telstra", substitute "a Telstra successor company".

73 Paragraph 15(1)(b)

Omit "Telstra", substitute "the Telstra successor company".

74 Subsection 16(1)

Omit "Telstra", substitute "a Telstra successor company".

75 Subsection 17(1)

Omit "Telstra", substitute "a Telstra successor company".

76 Paragraphs 17(2)(a) and (b)

Omit "Telstra", substitute "the Telstra successor company".

77 Subsection 17(4)

Omit "Telstra", substitute "the Telstra successor company".

78 Subsection 18(2)

Omit "Telstra", substitute "a Telstra successor company".

Schedule 1

Amendments commencing on the day after Royal Assent

Part 2

Transitional

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Part 2--Transitional

78A Interpretation

Transitional period

(1)

For the purposes of this Part,

transitional period

means the period:

(a) beginning at the commencement of this item; and

(b) ending at the earliest of the following times:

(i) the commencement of Schedule 2 to this Act;

(ii) the end of the relevant post-commencement period.

(2)

For the purposes of subitem (1), the

relevant post-commencement

period

means:

(a) the 6-month period that began at the commencement of this

item; or

(b) if the Minister, by legislative instrument, specifies the

9-month period that began at the commencement of this

item--that period.

Telecommunications law

(3)

For the purposes of Part 34A of the

Telecommunications Act 1997

, this

Part is taken to be a telecommunications law.

ACCC

(4)

In this Part,

ACCC

means the Australian Competition and Consumer

Commission.

Telstra Limited

(5)

In this Part,

Telstra Limited

means Telstra Limited (ACN 086 174 781),

as the company exists from time to time (even if its name is later

changed).

NBN Co

(6)

In this Part,

NBN Co

means NBN Co Limited (ACN 136 533 741), as

the company exists from time to time (even if its name is later

changed).

Amendments commencing on the day after Royal Assent

Schedule 1

Transitional

Part 2

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

79 Transitional

--undertakings about structural separation

Scope

(1)

This item applies if an undertaking is in force under section 577A of the

Telecommunications Act 1997

Note:

Section 577A of the

Telecommunications Act 1997

deals with undertakings about

structural separation.

Conduct of a designated Telstra successor company

(2)

If a designated Telstra successor company (the

first designated Telstra

successor company

) has engaged in conduct during the transitional

period in order to facilitate another designated Telstra successor

company complying with the undertaking after the commencement of

Schedule 2 to this Act:

(a) the conduct is authorised for the purposes of subsection 51(1)

of the

Competition and Consumer Act 2010

; and

(b) in performing a function, or exercising a power, under

Part XIB of the

Competition and Consumer Act 2010

relation to the first designated Telstra successor company, the

ACCC must have regard to the conduct to the extent that the

conduct is relevant.

80 Transitional

--contracts, arrangements and

understandings

Scope

(1)

This item applies to a contract, arrangement or understanding that is

covered by a subsection of section 577BA of the

Telecommunications

Act 1997

Conduct

(2)

If:

(a) a designated Telstra successor company (the

first designated

Telstra successor company

); or

(b) a body corporate that is a related body corporate (within the

meaning of the

Corporations Act 2001

) of the first

designated Telstra successor company;

Schedule 1

Amendments commencing on the day after Royal Assent

Part 2

Transitional

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

has engaged in conduct during the transitional period in order to

facilitate another designated Telstra successor company giving effect to

a provision of the contract, arrangement or understanding after the

commencement of Schedule 2 to this Act:

of the

Competition and Consumer Act 2010

; and

(d) in performing a function, or exercising a power, under

Part XIB of the

Competition and Consumer Act 2010

relation to the first designated Telstra successor company, the

ACCC must have regard to the conduct to the extent that the

conduct is relevant.

81 Transitional

--variation of contracts, arrangements and

understandings

If:

(a) a contract, arrangement or understanding (the

relevant

contract, arrangement or understanding

) is covered by a

subsection of section 577BA of the

Telecommunications Act

1997

; and

(b) before the commencement of Schedule 2 to this Act, a

demerged Telstra company or NBN Co:

(i) enters into a variation of the relevant contract,

arrangement or understanding; or

(ii) engages in negotiations, or arrives at an understanding,

in relation to a proposed variation of the relevant

contract, arrangement or understanding; and

that the relevant contract, arrangement or understanding has

effect as if:

(i) a demerged Telstra company were substituted for

Telstra as a party to the relevant contract, arrangement

or understanding; and

(ii) obligations imposed on Telstra by the relevant contract,

arrangement or understanding were imposed instead on

the demerged Telstra company; and

(d) the variation or proposed variation is subject to a condition

precedent, namely, any of the property of Telstra being

transferred to and vesting in Telstra Limited by virtue of an

Amendments commencing on the day after Royal Assent

Schedule 1

Transitional

Part 2

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

order of the Federal Court made in accordance with

section 413 of the

Corporations Act 2001

;

then:

(e) each of the following:

(i) the entering into of the variation;

(ii) the engaging in the negotiations;

(iii) arriving at the understanding first mentioned in

subparagraph (b)(ii);

is authorised for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010

; and

(f) conduct engaged in by:

(i) a demerged Telstra company; or

(ii) NBN Co; or

(iii) a body corporate that is a related body corporate (within

the meaning of the

Corporations Act 2001

) of a

demerged Telstra company; or

(iv) a body corporate that is a related body corporate (within

the meaning of the

Corporations Act 2001

) of an NBN

Co;

in order to give effect to the variation is authorised for the

purposes of subsection 51(1) of the

Competition and

Consumer Act 2010

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Schedule 2--Amendments contingent on the

implementation of an approved

scheme of arrangement

Part 1--Main amendments

Division 1

--Amendments

Competition and Consumer Act 2010

1 Subsection 4(1)

Insert:

designated Telstra successor company

: see section 581G of the

Telecommunications Act 1997

2 Paragraph 151BU(4)(f)

Omit "regulation of Telstra's charges", substitute "the regulation of the

charges of designated Telstra successor companies".

3 Subparagraph 151BUA(2)(b)(iv)

Omit "regulation of Telstra's charges", substitute "the regulation of the

charges of designated Telstra successor companies".

4 Subparagraph 151BUB(2)(b)(iv)

Omit "regulation of Telstra's charges", substitute "the regulation of the

charges of designated Telstra successor companies".

5 Subparagraph 151BUC(2)(b)(iv)

Omit "regulation of Telstra's charges", substitute "the regulation of the

charges of designated Telstra successor companies".

6 Division 15 of Part XIB (heading)

After "

Voluntary undertakings

", insert "

originally

7 Before section 151CQ

Insert:

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

151CMD Voluntary undertakings originally given by Telstra

Scope

(1) This section applies if an undertaking is in force under

section 577A of the

Telecommunications Act 1997

Note:

Section 577A of the

Telecommunications Act 1997

deals with

undertakings about structural separation.

Commission must have regard to the conduct of a designated

Telstra successor company

(2) If a designated Telstra successor company has engaged, or is

required to engage, in conduct in order to comply with the

undertaking, then, in performing a function, or exercising a power,

under this Part in relation to the designated Telstra successor

company, the Commission must have regard to the conduct to the

extent that the conduct is relevant.

8 Subsection 151CQ(1)

Omit "577A,".

9 Subsection 151CQ(1) (note 1)

Repeal the note.

10 After paragraph 152AR(4)(d)

Insert:

(da) preventing a designated Telstra successor company from

complying with an undertaking in force under section 577A

of the

Telecommunications Act 1997

;

11 Paragraph 152AR(4)(e)

Omit "577A,".

12 Paragraph 152AR(4)(f)

Omit "Telstra", substitute "a designated Telstra successor company".

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

12A Subsection 152BCB(3A)

After "If a final migration plan is in force", insert "and imposes

obligations or prohibitions on a designated Telstra successor company".

13 Subsection 152BCB(3A)

Omit "Telstra", substitute "the designated Telstra successor company".

13A Section 152BCCA

After "If a final migration plan is in force", insert "and imposes

obligations or prohibitions on a designated Telstra successor company".

14 Paragraphs 152BCCA(a) and (b)

Omit "Telstra", substitute "the designated Telstra successor company".

14A Subsection 152BDA(3A)

After "If a final migration plan is in force", insert "and imposes

obligations or prohibitions on a designated Telstra successor company".

15 Subsection 152BDA(3A)

Omit "Telstra", substitute "the designated Telstra successor company".

15A Section 152BDCA

After "If a final migration plan is in force", insert "and imposes

obligations or prohibitions on a designated Telstra successor company".

16 Paragraphs 152BDCA(a) and (b)

Omit "Telstra", substitute "the designated Telstra successor company".

17 After section 152EQ

Insert:

152EQA Voluntary undertakings originally given by Telstra

Scope

(1) This section applies if an undertaking is in force under

section 577A of the

Telecommunications Act 1997

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Note:

Section 577A of the

Telecommunications Act 1997

deals with

undertakings about structural separation.

Commission must have regard to the conduct of a designated

Telstra successor company

(2) If a designated Telstra successor company has engaged, or is

required to engage, in conduct in order to comply with the

undertaking, then, in performing a function, or exercising a power,

under this Part in relation to the designated Telstra successor

company, the Commission must have regard to the conduct to the

extent that the conduct is relevant.

Commission must not prevent a designated Telstra successor

company from complying with the undertaking

(3) The Commission must not perform a function, or exercise a power,

under this Part so as to prevent a designated Telstra successor

company from complying with the undertaking.

18 Subsection 152ER(1)

Omit "577A,".

19 Subsection 152ER(1) (note 1)

Repeal the note.

Telecommunications Act 1997

20 Section 7

Insert:

Telstra Infraco Limited

means Telstra Infraco Limited (ACN

051 775 556), as the company exists from time to time (even if its

name is later changed).

Telstra Limited

means Telstra Limited (ACN 086 174 781), as the

company exists from time to time (even if its name is later

changed).

21 After section 56

Insert:

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

56AA Deemed carrier licence--designated Telstra successor

company

Scope

(1) This section applies to a body corporate if:

(a) either of the following conditions are satisfied in relation to a

particular time (the

relevant time

(i) the relevant time occurs immediately after the

commencement of this section, and the body corporate

is a designated Telstra successor company at the

relevant time;

(ii) the relevant time occurs after the commencement of this

section, and the body corporate becomes a designated

Telstra successor company at the relevant time; and

(b) the body corporate does not hold a carrier licence at the

relevant time; and

(d) the body corporate is the owner, or one of the owners, of a

network unit at the relevant time; and

(e) no nominated carrier declaration is in force in relation to that

network unit at the relevant time.

Deemed carrier licence

(2) The ACMA is taken to have granted a carrier licence (the

deemed

carrier licence

) to the body corporate under section 56

immediately after the relevant time.

Application for carrier licence

(3) The body corporate must:

(a) apply under section 52 for a carrier licence; and

(b) do so within 5 business days after the relevant time.

(4) If the body corporate fails to comply with subsection (3), the body

corporate is taken, at the end of the period of 5 business days, to

have applied under section 52 for a carrier licence.

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(5) The application mentioned in subsection (3) or (4) is exempt from

charge imposed by Part 2 of the

Telecommunications (Carrier

Licence Charges) Act 1997

(6) The ACMA must decide the application mentioned in

subsection (3) or (4) as if the deemed carrier licence did not exist.

Duration of deemed carrier licence

(7) The deemed carrier licence remains in force until:

(a) the ACMA grants a carrier licence to the body corporate in

response to the application mentioned in subsection (3) or

(4); or

(b) if the ACMA refuses to grant a carrier licence to the body

corporate in response to the application mentioned in

subsection (3) or (4)--the latest of the following times:

(i) the end of the 28-day period beginning when the body

corporate is informed by the ACMA of the refusal;

(ii) if, during that 28-day period, the body corporate applies

under section 558 for the ACMA to reconsider the

refusal--the end of the 28-day period beginning when

the ACMA makes its decision on reconsideration of the

refusal;

(iii) if, during the 28-day period last mentioned in

subparagraph (ii), the body corporate makes an

application under section 562 to the Administrative

Appeals Tribunal for review of the refusal decision--

the end of the 28-day period beginning when the

application is finally determined;

(iv) if, during the 28-day period last mentioned in

subparagraph (iii), the body corporate appeals to the

Federal Court under section 44 of the

Administrative

Appeals Tribunal Act 1975

from the decision of the

Administrative Appeals Tribunal on the application

mentioned in subparagraph (iii)--when the appeal is

determined.

Section 56A does not apply

(8) Section 56A does not apply to the deemed carrier licence.

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

22 After section 63

Insert:

63A Conditions of a carrier licence held by Telstra Limited

(1) Until the first occasion after the commencement of this section on

which a declaration under subsection 63(2) takes effect in relation

to a carrier licence held by Telstra Limited:

(a) the carrier licence is subject to the conditions set out in

sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 of the

Telecommunications (Carrier Licence Conditions - Telstra

Corporation Limited) Declaration 2019

as in force

immediately before the commencement of this section; and

(b) for that purpose, a reference in those sections (and

Schedule 1 to that declaration) to the licensee is to be read as

a reference to Telstra Limited.

(2) Until the first occasion after the commencement of this section on

which a declaration under subsection 63(2) takes effect in relation

to a carrier licence held by Telstra Limited:

(a) the carrier licence is subject to the conditions set out in

section 11 of the

Telecommunications (Carrier Licence

Conditions - Telstra Infraco Limited) Declaration 2019

; and

(b) for that purpose, a reference in that section to the licensee is

to be read as a reference to Telstra Limited.

(3) If:

(a) a carrier licence held by a particular Telstra company (the

first Telstra company

) is (whether in accordance with

subsection (2) of this section or otherwise) subject to a

condition set out in section 11 of the

Telecommunications

(Carrier Licence Conditions - Telstra Infraco Limited)

Declaration 2019

; and

(b) a carrier licence held by another Telstra company is also

subject to the condition (whether in accordance with

subsection (2) of this section or otherwise); and

the first Telstra company is taken to have complied with the

condition.

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(4) Until the first occasion after the commencement of this section on

which a declaration under subsection 63(2) takes effect in relation

to a carrier licence held by Telstra Limited:

(a) the carrier licence is subject to:

(i) the conditions set out in an interim Telstra carrier

licence condition declaration; and

(ii) the interim conditions set out in the

Telecommunications (Carrier Licence

Conditions - Telstra Infraco Limited) Declaration 2019

;

and

(b) for that purpose, a reference in those conditions to the

licensee is to be read as a reference to Telstra Limited.

(5) If:

(a) a carrier licence held by a particular Telstra company (the

first Telstra company

) is (whether in accordance with

subsection (4) of this section or otherwise) subject to:

(i) a condition set out in an interim Telstra carrier licence

condition declaration; or

(ii) an interim condition set out in the

Telecommunications

(Carrier Licence Conditions - Telstra Infraco Limited)

Declaration 2019

; and

(b) a carrier licence held by another Telstra company is also

subject to the condition (whether in accordance with

subsection (4) of this section or otherwise); and

the first Telstra company is taken to have complied with the

condition.

(6) For the purposes of this section,

Telstra company

means:

(a) Telstra Infraco Limited; or

(b) Telstra Limited.

Note:

See also section 581U (transitional--references in legislation to

Telstra Infraco Limited).

(7) For the purposes of this section,

interim Telstra carrier licence

condition declaration

means a declaration under subsection 63(2)

that:

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(a) relates to a carrier licence held by Telstra Infraco Limited;

and

(b) came into force during the period:

(i) beginning at the start of the day on which the Bill for

the Act that inserted this section was introduced into the

Parliament; and

(ii) ending immediately before the commencement of this

section.

Note:

See also section 581U (transitional--references in legislation to

Telstra Infraco Limited).

(8) For the purposes of this section, an

interim condition

set out in the

Telecommunications (Carrier Licence Conditions - Telstra Infraco

Limited) Declaration 2019

means a condition inserted in that

declaration (when the declaration was known as the

Telecommunications (Carrier Licence Conditions - Telstra

Corporation Limited) Declaration 2019

) during the period:

(a) beginning at the start of the day on which the Bill for the Act

that inserted this section was introduced into the Parliament;

and

(b) ending immediately before the commencement of this

section.

23 Subsection 69(5A) (note)

After "given", insert ", or originally given,".

24 Before paragraph 69AA(4)(a)

Insert:

(aa) preventing a designated Telstra successor company from

complying with an undertaking in force under section 577A;

25 Paragraph 69AA(4)(a)

Omit "577A,".

26 Paragraph 69AA(4)(b)

Omit "Telstra", substitute "a designated Telstra successor company".

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

27 Subsection 70(2A) (note)

After "given", insert ", or originally given,".

28 Section 104

Omit "Telstra", substitute "a designated Telstra successor company".

29 Section 105C (heading)

Omit "

Telstra

", substitute "

a designated Telstra successor company

30 Subsection 105C(1)

Omit "Telstra", substitute "a designated Telstra successor company".

31 Subsection 285(2) (paragraph (a) of the definition of

integrated public number database)

Omit "Telstra", substitute "Telstra Limited".

32 Subsection 285A(2) (paragraph (a) of the definition of

integrated public number database)

Omit "Telstra", substitute "Telstra Limited".

33 Subsection 291A(3) (paragraph (a) of the definition of

integrated public number database)

Omit "Telstra", substitute "Telstra Limited".

34 Subsections 472(1) and (5)

Omit "Telstra", substitute "Telstra Limited".

35 Subsection 564(3) (note 1A)

After "given", insert ", or originally given,".

36 Subsection 571(3) (note 1A)

After "given", insert ", or originally given,".

37 Part 33 (heading)

After "

Voluntary undertakings

", insert "

originally

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

38 Section 5

77 (after the paragraph beginning "Telstra may

give")

Insert:

•

An undertaking about structural separation applies to certain

designated Telstra successor companies.

39 At the end of section 577

Add:

Note:

An undertaking under section 577A about structural separation came

into force on 6 March 2012.

40 At the end of section 577AB

Add:

Note:

An undertaking under section 577A about structural separation came

into force on 6 March 2012.

41 After section 577AC

Insert:

577ACA Repointing of undertaking about structural undertaking to

certain designated Telstra successor companies

(1) If an undertaking is in force under section 577A, the undertaking

has effect as if:

(a) each obligation imposed on Telstra by the undertaking were

imposed instead on each of the following designated Telstra

successor companies:

(i) Telstra Infraco Limited;

(ii) Telstra Limited;

(iii) a designated Telstra successor company specified in an

instrument under subsection (2); and

(b) each prohibition applicable to Telstra under the undertaking

were applicable instead to each of the following designated

Telstra successor companies:

(i) Telstra Infraco Limited;

(ii) Telstra Limited;

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(iii) a designated Telstra successor company specified in an

instrument under subsection (2).

Note:

See also section 581U (transitional--references in legislation to

Telstra Infraco Limited).

(2) The Minister may, by legislative instrument, specify one or more

designated Telstra successor companies for the purposes of

subparagraphs (1)(a)(iii) and (b)(iii).

(3) Subsection (1) has effect subject to subsection (4).

(4) The Minister may, by legislative instrument, determine either or

both of the following:

(a) that paragraph (1)(a) does not result in the imposition of one

or more specified obligations on one or more specified

designated Telstra successor companies;

(b) that paragraph (1)(b) does not result in one or more specified

prohibitions being applicable to one or more specified

designated Telstra successor companies.

577ACB Directions--facilitation of undertaking about structural

separation

(1) If:

(a) an undertaking is in force under section 577A; and

(b) the Minister is satisfied that a designated Telstra successor

company (the

first designated Telstra successor company

)

has failed, is failing, or is likely to fail, to fulfil an obligation

imposed on it by the undertaking;

the Minister may give:

(d) a body corporate that is a related body corporate (within the

meaning of the

Corporations Act 2001

) of the first

designated Telstra successor company;

a written direction to take specified action.

(2) The Minister must not give a direction to a body corporate under

subsection (1) unless:

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(a) the Minister is satisfied that the action specified in the

direction will assist the first designated Telstra successor

company to fulfil its obligations under the undertaking; and

(b) the Minister is satisfied that the body corporate:

(i) has the capability (including the technical, operational

and organisational capability) to comply with the

direction; or

(ii) could reasonably acquire the capability (including the

technical, operational and organisational capability) to

comply with the direction; and

(i) is a constitutional corporation; or

(ii) carries on a telecommunications business covered by

paragraph 581L(1)(a), (b) or (c).

Compliance with requirement

(3) A body corporate must comply with a direction under

subsection (1).

Civil penalty

(4) Subsection (3) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Consultation

(5) Before giving or varying a direction under subsection (1), the

Minister must:

(a) make a copy of the draft direction or variation available on

the Minister's website; and

(b) publish a notice on the Minister's website:

(i) stating that the Minister has prepared the draft; and

(ii) inviting interested persons to give written comments

about the draft to the Minister within the period

specified in the notice.

(6) Subject to subsection (7), the period specified in the notice must

run for at least 30 days after the publication of the notice.

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(7) The period specified in the notice may be shorter than 30 days if

the Minister is satisfied that the shorter period is necessary due to

urgent circumstances.

(8) If interested persons have given comments in accordance with a

notice under subsection (5), the Minister must have due regard to

those comments in giving or varying the direction.

42 Section 577AD

Omit "given by Telstra".

43 Section 577AD

Omit ", Telstra must", substitute "and imposes obligations or

prohibitions on a designated Telstra successor company, the designated

Telstra successor company must".

44 Subsection 577B(1)

Omit "given by Telstra".

45 Subsection 577B(2)

Omit "Telstra", substitute "If the undertaking imposes obligations or

prohibitions on a designated Telstra successor company, the designated

Telstra successor company".

47 Subsection 577BA(2)

After "The giving by Telstra", insert ", before the commencement of

section 577ACA,".

48 After subsection 577BA(2)

Insert:

(2A) The giving by a designated Telstra successor company of:

(a) a variation of an undertaking in force under section 577A; or

(b) a variation of a final migration plan;

is authorised for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010

49 Subsection 577BA(6)

Omit "Telstra", substitute "a designated Telstra successor company".

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

50 Paragraph 577BA(7)(a)

Omit "Telstra", substitute "a designated Telstra successor company".

51 Paragraph 577BA(7)(b)

Omit "Telstra" (wherever occurring), substitute "the designated Telstra

successor company".

52 Paragraph 577BA(8)(a)

After "Telstra", insert "or a designated Telstra successor company".

53 Paragraphs 577BA(8)(b) and (c)

After "Telstra", insert "or the designated Telstra successor company".

54 Paragraph 577BA(8)(e)

After "Telstra", insert "or a designated Telstra successor company".

54A After paragraph 577BA(8)(f)

Insert:

and (g) conduct engaged in by a designated Telstra successor

company in order to facilitate Telstra or a designated Telstra

successor company giving effect to a provision of the

contract, arrangement or understanding;

55 Paragraph 577BA(9)(a)

Omit "given by Telstra".

56 Paragraph 577BA(9)(b)

After "Telstra", insert "or a designated Telstra successor company".

57 Subsection 577BA(9)

After "Telstra" (last occurring), insert "or the designated Telstra

successor company".

57A Paragraph 577BA(10)(c)

Omit "Telstra", substitute "a designated Telstra successor company".

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

58 At the end of subsection 577BE(1)

Add:

Note:

A final migration plan came into force on 7 March 2012.

59 After section 577BE

Insert:

577BEA Repointing of final migration plan to certain designated

Telstra successor companies

(1) If a final migration plan is in force, the final migration plan has

effect as if:

(a) each obligation imposed on Telstra by the final migration

plan were imposed instead on each of the following

designated Telstra successor companies:

(i) Telstra Infraco Limited;

(ii) Telstra Limited;

(iii) a designated Telstra successor company specified in an

instrument under subsection (2); and

(b) each prohibition applicable to Telstra under the final

migration plan were applicable instead to each of the

following designated Telstra successor companies:

(i) Telstra Infraco Limited;

(ii) Telstra Limited;

(iii) a designated Telstra successor company specified in an

instrument under subsection (2).

Note:

See also section 581U (transitional--references in legislation to

Telstra Infraco Limited).

(2) The Minister may, by legislative instrument, specify one or more

designated Telstra successor companies for the purposes of

subparagraphs (1)(a)(iii) and (b)(iii).

(3) Subsection (1) has effect subject to subsection (4).

(4) The Minister may, by legislative instrument, determine either or

both of the following:

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(a) that paragraph (1)(a) does not result in the imposition of one

or more specified obligations on one or more specified

designated Telstra successor companies;

(b) that paragraph (1)(b) does not result in one or more specified

prohibitions being applicable to one or more specified

designated Telstra successor companies.

577BEB Directions--facilitation of final migration plan

(1) If:

(a) a final migration plan is in force; and

(b) the Minister is satisfied that a designated Telstra successor

company (the

first designated Telstra successor company

)

has failed, is failing, or is likely to fail, to fulfil an obligation

imposed on it by the plan;

the Minister may give:

(d) a body corporate that is a related body corporate (within the

meaning of the

Corporations Act 2001

) of the first

designated Telstra successor company;

a written direction to take specified action.

(2) The Minister must not give a direction to a body corporate under

subsection (1) unless:

(a) the Minister is satisfied that the action specified in the

direction will assist the first designated Telstra successor

company to fulfil its obligations under the final migration

plan; and

(b) the Minister is satisfied that the body corporate:

(i) has the capability (including the technical, operational

and organisational capability) to comply with the

direction; or

(ii) could reasonably acquire the capability (including the

technical, operational and organisational capability) to

comply with the direction; and

(i) is a constitutional corporation; or

(ii) carries on a telecommunications business covered by

paragraph 581L(1)(a), (b) or (c).

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Compliance with requirement

(3) A body corporate must comply with a direction under

subsection (1).

Civil penalty

(4) Subsection (3) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Consultation

(5) Before giving or varying a direction under subsection (1), the

Minister must:

(a) make a copy of the draft direction or variation available on

the Minister's website; and

(b) publish a notice on the Minister's website:

(i) stating that the Minister has prepared the draft; and

(ii) inviting interested persons to give written comments

about the draft to the Minister within the period

specified in the notice.

(6) Subject to subsection (7), the period specified in the notice must

run for at least 30 days after the publication of the notice.

(7) The period specified in the notice may be shorter than 30 days if

the Minister is satisfied that the shorter period is necessary due to

urgent circumstances.

(8) If interested persons have given comments in accordance with a

notice under subsection (5), the Minister must have due regard to

those comments in giving or varying the direction.

60 Subsection 577BF(2)

Omit "Telstra", substitute "If the final migration plan imposes

obligations or prohibitions on a designated Telstra successor company,

the designated Telstra successor company".

61 Before section 577G

Insert:

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

577FA Enforcement of undertakings in force under section 577A

(1) If:

(a) an undertaking is in force under section 577A; and

(b) the ACCC considers that a designated Telstra successor

company has breached the undertaking;

the ACCC may apply to the Federal Court for an order under

subsection (2).

(2) If the Federal Court is satisfied that the designated Telstra

successor company has breached the undertaking, the Court may

make any or all of the following orders:

(a) an order directing the designated Telstra successor company

to comply with the undertaking;

(b) an order directing the disposal of network units, shares or

other assets;

shares;

(d) an order prohibiting or deferring the payment of any sums

due to a person in respect of shares held by the designated

Telstra successor company;

(e) an order that any exercise of rights attached to shares be

disregarded;

(f) an order directing the designated Telstra successor company

to pay to the Commonwealth an amount up to the amount of

any financial benefit that the designated Telstra successor

company has obtained directly or indirectly and that is

reasonably attributable to the breach;

(g) any order that the Court considers appropriate directing the

designated Telstra successor company to compensate any

other person who has suffered loss or damage as a result of

the breach;

(h) any other order that the Court considers appropriate.

(3) In addition to the Federal Court's powers under subsection (2), the

Court:

(a) has power, for the purpose of securing compliance with any

other order made under this section, to make an order

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

directing any person to do or refrain from doing a specified

act; and

(b) has power to make an order containing such ancillary or

consequential provisions as the Court thinks just.

(4) The Federal Court may, before making an order under this section,

direct that notice of the application be given to such persons as it

thinks fit or be published in such manner as it thinks fit, or both.

(5) The Federal Court may, by order, rescind, vary or discharge an

order made by it under this section or suspend the operation of

such an order.

62 Section 577G (heading)

After "

Enforcement of undertakings

", insert "

in force under

section 577C or 577E

63 Paragraph 577G(1)(a)

Omit "577A,".

64 Before subsection 577M(1)

Insert:

(1A) For the purposes of this Part, an

associate

of a designated Telstra

successor company in relation to control of:

(a) a telecommunications network; or

(b) a company;

is:

(d) if the designated Telstra successor company or another

person who is an associate of the designated Telstra

successor company under another paragraph receives benefits

or is capable of benefiting under a trust--the trustee of the

trust; or

(e) a person (whether a company or not) who:

(i) acts, or is accustomed to act; or

(ii) under a contract or an arrangement or understanding

(whether formal or informal) is intended or expected to

act;

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

in accordance with the directions, instructions or wishes of,

or in concert with:

(iii) the designated Telstra successor company; or

(iv) the designated Telstra successor company and another

person who is an associate of the designated Telstra

successor company under another paragraph; or

(f) another company if:

(i) the other company is a related body corporate of the

designated Telstra successor company for the purposes

of the

Corporations Act 2001

; or

(ii) the designated Telstra successor company, or the

designated Telstra successor company and another

person who is an associate of the designated Telstra

successor company under another paragraph, are in a

position to exercise control of the other company.

65 Section 577Q (heading)

After "

When Telstra

", insert "

or a designated Telstra successor

company

66 Before subsection 577Q(1)

Insert:

(1A) For the purposes of this Part, a designated Telstra successor

company is in a position to exercise control of:

(a) a hybrid fibre-coaxial network; or

(b) another telecommunications network;

if:

beneficially owns the network (whether alone or together

with one or more other persons); or

(d) the designated Telstra successor company is in a position,

either alone or together with an associate of the designated

Telstra successor company and whether directly or indirectly:

(i) to exercise control of the operation of all or part of the

network; or

(ii) to exercise control of the selection of the kinds of

services that are supplied using the network; or

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(iii) to exercise control of the supply of services using the

network; or

(e) a company other than the designated Telstra successor

company legally or beneficially owns the network (whether

alone or together with one or more other persons), and:

(i) the designated Telstra successor company is in a

position, either alone or together with an associate of the

designated Telstra successor company, to exercise

control of the company; or

(ii) the designated Telstra successor company, either alone

or together with an associate of the designated Telstra

successor company, is in a position to veto any action

taken by the board of directors of the company; or

(iii) the designated Telstra successor company, either alone

or together with an associate of the designated Telstra

successor company, is in a position to appoint or secure

the appointment of, or veto the appointment of, at least

half of the board of directors of the company; or

(iv) the designated Telstra successor company, either alone

or together with an associate of the designated Telstra

successor company, is in a position to exercise, in any

other manner, whether directly or indirectly, direction or

restraint over any substantial issue affecting the

management or affairs of the company; or

(v) the company or more than 50% of its directors act, or

are accustomed to act in accordance with the directions,

instructions or wishes of, or in concert with, the

designated Telstra successor company or of the

designated Telstra successor company and an associate

of the designated Telstra successor company acting

together or of the directors of the designated Telstra

successor company; or

(vi) the company or more than 50% of its directors, under a

contract or an arrangement or understanding (whether

formal or informal) are intended or expected to act, in

accordance with the directions, instructions or wishes

of, or in concert with, the designated Telstra successor

company or of the designated Telstra successor

company and an associate of the designated Telstra

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

successor company acting together or of the directors of

the designated Telstra successor company.

67 Subsection 577Q(2)

After "network under subsection", insert "(1A) or".

68 After paragraph 17(2A)(a) of Schedule 1

Insert:

(aa) preventing a designated Telstra successor company from

complying with an undertaking in force under section 577A;

69 Paragraph 17(2A)(b) of Schedule 1

Omit "577A,".

70 Paragraph 17(2A)(c) of Schedule 1

Omit "Telstra", substitute "a designated Telstra successor company".

71 Paragraph 17(4A)(a) of Schedule 1

After "Telstra", insert "or a designated Telstra successor company".

72 Paragraph 17(4A)(b) of Schedule 1

After "Telstra", insert "or the designated Telstra successor company".

73 Before paragraph 18(6)(a) of Schedule 1

Insert:

(aa) preventing a designated Telstra successor company from

complying with an undertaking in force under section 577A;

74 Paragraph 18(6)(a) of Schedule 1

Omit "577A,".

75 Paragraph 18(6)(b) of Schedule 1

Omit "Telstra", substitute "a designated Telstra successor company".

76 After paragraph 33(6)(a) of Schedule 1

Insert:

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(aa) preventing a designated Telstra successor company from

complying with an undertaking in force under section 577A;

77 Paragraph 33(6)(b) of Schedule 1

Omit "577A,".

78 Paragraph 33(6)(c) of Schedule 1

Omit "Telstra", substitute "a designated Telstra successor company".

79 Paragraph 33(8)(a) of Schedule 1

After "Telstra", insert "or a designated Telstra successor company".

80 Paragraph 33(8)(b) of Schedule 1

Omit "Telstra", substitute "the designated Telstra successor company".

81 After paragraph 34(6)(a) of Schedule 1

Insert:

(aa) preventing a designated Telstra successor company from

complying with an undertaking in force under section 577A;

82 Paragraph 34(6)(b) of Schedule 1

Omit "577A,".

83 Paragraph 34(6)(c) of Schedule 1

Omit "Telstra", substitute "a designated Telstra successor company".

84 Paragraph 34(8)(a) of Schedule 1

After "Telstra", insert "or a designated Telstra successor company".

85 Subparagraphs 34(8)(b)(i) and (ii) of Schedule 1

After "Telstra", insert "or the designated Telstra successor company".

86 After paragraph 35(6)(a) of Schedule 1

Insert:

(aa) preventing a designated Telstra successor company from

complying with an undertaking in force under section 577A;

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

87 Paragraph 35(6)(b) of Schedule 1

Omit "577A,".

88 Paragraph 35(6)(c) of Schedule 1

Omit "Telstra", substitute "a designated Telstra successor company".

89 Paragraph 35(8)(a) of Schedule 1

After "Telstra", insert "or a designated Telstra successor company".

90 Paragraph 35(8)(b) of Schedule 1

After "Telstra", insert "or the designated Telstra successor company".

91 Before paragraph 36(7)(a) of Schedule 1

Insert:

(aa) preventing a designated Telstra successor company from

complying with an undertaking in force under section 577A;

92 Paragraph 36(7)(a) of Schedule 1

Omit "577A,".

93 Paragraph 36(7)(b) of Schedule 1

Omit "Telstra", substitute "a designated Telstra successor company".

94 Clause 10 of Schedule 2 (heading)

Omit "

Telstra

", substitute "

Telstra Limited

95 Subclause 10(1) of Schedule 2

Omit "Telstra", substitute "Telstra Limited".

96 Subclause 10(2) of Schedule 2

Omit "Telstra" (wherever occurring), substitute "Telstra Limited".

98 Subclause 10(2) of Schedule 2

Omit "Telstra's", substitute "Telstra Limited's".

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

99 Clause 20 of Schedule 2

Repeal the clause, substitute:

20 Requirements for Telstra Limited and Telstra

(1) This Part does not impose a requirement on Telstra Limited if:

(a) Telstra Limited holds a carrier licence; and

(b) the carrier licence is subject to one or more conditions about

priority assistance obligations.

(2) This Part is taken not to have imposed a requirement on Telstra at a

time before the commencement of this clause if section 12 of the

Telecommunications (Carrier Licence Conditions - Telstra

Corporation Limited) Declaration 2019

was in force at that time.

Note:

Section 12 of the

Telecommunications (Carrier Licence

Conditions - Telstra Corporation Limited) Declaration 2019

was

about Telstra's priority assistance obligations.

Telecommunications (Consumer Protection and Service

Standards) Act 1999

100 Section 4 (paragraph beginning

"Telstra is subject to")

Omit "Telstra is", substitute "designated Telstra successor companies

are".

101 Subsection 12A(2)

After "determine", insert "under subsection (1)".

102 After subsection 12A(2)

Insert:

(2A) The Minister may determine, in writing, that each of 2 or more

specified persons is a

primary universal service provider

in respect

of a service obligation.

(2B) The Minister must not specify a person in a determination under

subsection (2A) unless the person is a carrier or carriage service

provider.

(2C) The Minister may determine under subsection (2A):

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(a) different primary universal service providers in respect of

different service obligations; and

(b) the same person as a primary universal service provider in

respect of one or more service obligations.

(2D) The Minister must not make a determination under subsection (1)

in respect of a service obligation if a determination in respect of

that service obligation is in force under subsection (2A).

(2E) The Minister must not make a determination under subsection (2A)

in respect of a service obligation if a determination in respect of

that service obligation is in force under subsection (1).

103 Subsection 12A(3)

After "there is", insert "at least".

104 Section 12C

Repeal the section, substitute:

12C Obligations of primary universal service providers

(1) If there is only one primary universal service provider in respect of

a service obligation, that service obligation is imposed on that

primary universal service provider.

(2) If there are 2 or more primary universal service providers in

respect of a service obligation:

(a) that obligation is imposed on each of those primary universal

service providers, but may be discharged by any of those

primary universal service providers; and

(b) if the service obligation is complied with by any of those

primary universal service providers--the obligation is taken

to have been complied with by the other primary universal

service provider or providers.

105 Section 12D (heading)

Omit "

Telstra

", substitute "

Telstra Limited

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

106 Subsection 12D(1)

Omit "under section 12A that Telstra", substitute "under

subsection 12A(1) that Telstra Limited".

107 At the end of section 12D

Add:

(3) Subsection (1) does not apply to Telstra Limited unless Telstra

Limited is a carrier or carriage service provider.

108 Paragraph 12E(1)(a)

Omit "the primary universal service provider", substitute "a primary

universal service provider".

108A At the end of Division 3 of Part 2

Add:

Subdivision C--Relevant contracts entered into by designated

Telstra successor companies

22A Relevant contract

For the purposes of this Subdivision,

relevant contract

means a

contract or agreement that is entered into:

(a) by a designated Telstra successor company; and

(b) for a purpose relating to either or both of the following:

(i) the achievement of any or all of the policy objectives of

this Division;

(ii) the transfer of one or more assets that were used in

connection with the fulfilment of obligations imposed

on the designated Telstra successor company by the

section 14 contract known as the Telstra USO

Performance Agreement.

22AA Transfer of asset

For the purposes of this Subdivision, a transfer of an asset occurs

if:

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(a) the legal ownership of the asset is transferred in whole or in

part; or

(b) the beneficial ownership of the asset is transferred in whole

or in part (whether by way of a declaration of trust or in any

other way); or

22B Authorised officer

(1) For the purposes of this Subdivision,

authorised officer

means an

SES employee, or an acting SES employee, who holds, or performs

the duties of, a position designated under subsection (2).

Note:

The expressions

SES employee

and

acting SES employee

are defined

in section 2B of the

Acts Interpretation Act 1901

(2) The Minister may, by notifiable instrument, designate one or more

specified positions in the Department for the purposes of

subsection (1).

22C Notification of relevant contracts

(1) Within 7 days after a designated Telstra successor company enters

into:

(a) a relevant contract; or

(b) a variation of a relevant contract;

the company must give:

(d) if there is no authorised officer--the Minister;

a written statement that sets out the following information:

(e) the names of the parties to the contract or variation, as the

case requires;

(f) the nature of the contract or variation, as the case requires;

(g) the date the contract or variation, as the case requires, was

entered into;

(h) the date when the contract or variation, as the case requires,

came, or is to come, into effect;

(i) if the contract or variation (as the case requires) deals with

the transfer of an asset--the name of the transferee;

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(j) such other information (if any) relating to the contract or

variation, as the case requires, as is specified under

subsection (2).

(2) The Minister may, by legislative instrument, specify information

for the purposes of paragraph (1)(j).

Civil penalty

(3) Subsection (1) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

22CA Notification of proposed contracts

(1) If:

(a) a designated Telstra successor company proposes to enter

into a relevant contract; and

(b) the contract is to be entered into for a purpose relating to the

transfer of one or more assets that were used in connection

with the fulfilment of obligations imposed on the company

by the section 14 contract known as the Telstra USO

Performance Agreement;

the company must, at least 30 days before entering into the

contract, give:

(d) if there is no authorised officer--the Minister;

a written statement that sets out the following information:

(e) the names of the parties to the contract;

(f) the nature of the contract;

(g) the date the contract is to be entered into;

(h) the date when the contract is to come into effect;

(i) the name of the transferee of the assets;

(j) such other information (if any) relating to the contract as is

specified under subsection (2).

(2) The Minister may, by legislative instrument, specify information

for the purposes of paragraph (1)(j).

(3) Subsection (1) is a civil penalty provision.

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

22D Copies of relevant contracts--requirement imposed by

Ministerial notice

Requirement to give copy of proposed contract or variation

(1) If a designated Telstra successor company proposes to enter into:

(a) a relevant contract; or

(b) a variation of a relevant contract;

the Minister or an authorised officer may, by written notice given

to the company, require the company to:

(i) an authorised officer; or

(ii) if there is no authorised officer--the Minister;

a copy of the proposed contract or variation, as the case

requires; and

(d) do so within 7 days after the notice is given.

Requirement to give copy of contract or variation

(2) If a designated Telstra successor company has entered into:

(a) a relevant contract; or

(b) a variation of a relevant contract;

the Minister or an authorised officer may, by written notice given

to the company, require the company to:

(i) an authorised officer; or

(ii) if there is no authorised officer--the Minister;

a copy of the contract or variation, as the case requires; and

(d) do so within 7 days after the notice is given.

Compliance with requirement

(3) A designated Telstra successor company must comply with a

requirement under subsection (1) or (2).

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Civil penalty

(4) Subsection (3) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

22E Copies of relevant contracts--requirement imposed by rules

(1) The Minister may, by legislative instrument, make rules that

impose the following requirements to be complied with by a

designated Telstra successor company that has entered into a

relevant contract in a specified class of relevant contracts:

(a) the requirement that, within 7 days after such a contract is

entered into, the company must give:

(i) an authorised officer; or

(ii) if there is no authorised officer--the Minister;

a copy of the contract;

(b) the requirement that, within 7 days after the company enters

into a variation of such a contract, the company must give:

(i) an authorised officer; or

(ii) if there is no authorised officer--the Minister;

a copy of the variation.

Compliance with requirement

(2) A designated Telstra successor company must comply with a

requirement imposed by rules made under subsection (1).

Civil penalty

(3) Subsection (2) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

108B At the end of section 44

Add:

; or (c) at any time during the eligible revenue period, the person was

in a class of persons specified in the regulations.

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 1

Main amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

109 Subsection 96(1) (heading)

Omit "

Telstra

", substitute "

Designated Telstra successor company

110 Part 9 (heading)

Omit "

Telstra

", substitute "

designated

Telstra successor companies

111 Section 152 (paragraph beginning

"This Part provides

for

Omit "Telstra", substitute "designated Telstra successor companies".

112 Section 153 (paragraphs (a) and (b) of the definition of

carrier charge)

Omit "Telstra", substitute "a designated Telstra successor company".

113 Paragraph 155(1)(b)

Omit "Telstra", substitute "a designated Telstra successor company".

114 Subsection 155(5)

Omit "Telstra", substitute "A designated Telstra successor company".

115 Subsection 156(1)

Omit "Telstra", substitute "a designated Telstra successor company".

116 Subsections 156(2) and (3)

Omit "Telstra", substitute "the designated Telstra successor company".

117 Paragraph 156(3)(d)

Omit "Telstra", substitute "the designated Telstra successor company".

118 Subsection 158(1)

Omit "Telstra" (first occurring), substitute "a designated Telstra

successor company".

119 Subsection 158(1)

Omit "Telstra" (second occurring), substitute "the designated Telstra

successor company".

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Main amendments

Part 1

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

120 Paragraph 158(2)(b)

Omit "Telstra", substitute "the designated Telstra successor company".

121 Subsection 158(4)

Omit "Telstra" (wherever occurring), substitute "the designated Telstra

successor company".

122 Subsection 158(5)

Omit "Telstra", substitute "A designated Telstra successor company".

Division 2

--Transitional

123 Transitional

--section 577G of the Telecommunications

Act 1997

Despite the amendment of section 577G of the

Telecommunications Act

1997

made by this Part, that section continues to apply, in relation to a

breach that occurred before the commencement of this item, as if that

amendment had not been made.

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 2

Other amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Part 2--Other amendments

A Code of Access to Telecommunications Transmission

Towers, Sites of Towers and Underground

Facilities

124 Clause 1.2.1

Before "This Code does not apply", insert "This Code does not apply to

the extent (if any) it imposes an obligation on a designated Telstra

successor company that has the effect of preventing the designated

Telstra successor company from complying with an undertaking in

force under section 577A of the

Telecommunications Act 1997

.".

125 Clause 1.2.1

Omit "Telstra Corporation Ltd (Telstra)", substitute "Telstra".

126 Clause 1.2.1

Omit "577A,".

127 Clause 1.2.1

After "between Telstra", insert "or a designated Telstra successor

company".

128 Clause 1.2.1

After "by Telstra", insert "or the designated Telstra successor

company".

129 Clause 6.1 (definition of Telstra)

Repeal the definition, substitute:

Telstra

has the same meaning as in the

Telstra Corporation Act

1991

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Other amendments

Part 2

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Telecommunications Act 1997

130 At the end of subsection 19(1)

Add:

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

131 Subsection 19(2)

Repeal the subsection, substitute:

(2) A determination under paragraph (1)(b) is a notifiable instrument.

Telecommunications (Carrier Licence Conditions - Telstra

Corporation Limited) Declaration 2019

132 Section 1

Omit "

Telstra Corporation Limited

", substitute "

Telstra Infraco

Limited

133 At the end of section 3

Add:

Note:

Section 63A of the Act provides that until the first occasion after the

commencement of that section on which a declaration under

subsection 63(2) of the Act takes effect in relation to a carrier licence

held by Telstra Limited:

(a) the carrier licence is subject to the conditions set out in

section 11 of this declaration; and

(b) for that purpose, a reference in that section to the licensee is to be

read as a reference to Telstra Limited.

133A Section 4 (definitions of emergency call service,

emergency service, ESA, FSA and inoperative)

Repeal the definitions.

135 Section 4 (definition of licensee)

Repeal the definition, substitute:

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 2

Other amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

licensee

means

Telstra Infraco Limited (ACN 051 775 556), as the

company exists from time to time (even if its name is later

changed).

135AA Section 4 (definitions of location dependent carriage

service, operator assistance service, operator services,

priority assistance, public number, payphone, T(CPSS)

Act and unlisted number)

Repeal the definitions.

135A Sections 6 to 10

Repeal the sections.

136 Subsection 11(1)

Insert:

licensee representatives

means any directors, employees, officers,

representatives, delegates, professional or financial advisers,

agents, contractors or sub-contractors of the licensee (in their

capacity as such).

137 Subsection 11(1) (definition of Telstra Representatives)

Repeal the definition.

138 Subparagraph 11(8)(g)(iii)

Omit "Telstra Representatives", substitute "licensee representatives".

138A Sections 12 to 18

Repeal the sections.

139 Schedule 1

Repeal the Schedule.

Telecommunications (Emergency Call Persons)

Determination 2019

142 Section 4 (paragraph (c) of the note)

Repeal the paragraph, substitute:

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Other amendments

Part 2

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

143 Section 7

Omit "Telstra is", substitute "Telstra Limited is".

144 Section 7 (note 1)

Omit "Telstra", substitute "Telstra Limited".

Telecommunications (Emergency Call Service)

Determination 2019

145 Section 6 (paragraph (a) of the definition of IPND)

Repeal the paragraph, substitute:

(a) the Integrated Public Number Database provided and

maintained by Telstra Limited in accordance with a condition

of its carrier licence; or

145A Section 6 (paragraph (b) of the definition of IPND)

Omit "Telstra", substitute "Telstra Limited".

146B Section 6 (note at the end of the definition of IPND)

Repeal the note.

146 Section 6 (paragraph (a) of the definition of IPND

Manager)

Repeal the paragraph, substitute:

(a) Telstra Limited; or

146A Section 6 (paragraph (b) of the definition of IPND

Manager)

Omit "Telstra", substitute "Telstra Limited".

147 Section 6 (at the end of the note at the end of the section)

Add:

; (t) Telstra Limited.

Schedule 2

Amendments contingent on the implementation of an approved scheme of

arrangement

Part 2

Other amendments

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Telecommunications (Statutory Infrastructure Providers--

Exempt Real Estate Development Projects and

Building Redevelopment Projects) Determination

(No.1) 2020

148 Section 4 (after paragraph (b) of the note)

Insert:

(ba) designated Telstra successor company (section 581G);

149 Section 5 (heading)

Omit "

Telstra

", substitute "

certain

150 Subparagraph 5(b)(ii)

After "by Telstra", insert "or a designated Telstra successor company".

151 Subparagraph 5(b)(ii)

After "require Telstra", insert "or the designated Telstra successor

company".

152 Subparagraph 5(b)(iii)

After "by Telstra", insert "or a designated Telstra successor company".

153 Section 6 (heading)

Omit "

Telstra

", substitute "

certain

154 Subparagraphs 6(b)(ii) and (iii)

After "by Telstra", insert "or a designated Telstra successor company".

155 Subparagraph 6(b)(iii)

After "from Telstra", insert "or a designated Telstra successor

company".

156 Section 9 (heading)

Omit "

Telstra

", substitute "

certain

157 Subparagraph 9(b)(ii)

After "by Telstra", insert "or a designated Telstra successor company".

Amendments contingent on the implementation of an approved scheme of arrangement

Schedule 2

Other amendments

Part 2

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

158 Subparagraph 9(b)(ii)

After "require Telstra", insert "or the designated Telstra successor

company".

159 Subparagraph 9(b)(iii)

After "by Telstra", insert "or a designated Telstra successor company".

160 Section 10 (heading)

Omit "

Telstra

", substitute "

certain

161 Subparagraphs 10(b)(ii) and (iii)

After "by Telstra", insert "or a designated Telstra successor company".

162 Subparagraph 10(b)(iii)

After "from Telstra", insert "or a designated Telstra successor

company".

Schedule 3

Amendments relating to contracts and agreements

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Schedule 3--Amendments relating to

contracts and agreements

Telecommunications Act 1997

1A After subsection 577BA(10)

Insert:

(10A) If:

(a) a body corporate enters into a contract, arrangement or

understanding; and

(b) the body corporate enters into the contract, arrangement or

understanding in order to comply with a direction under

subsection 577BAA(1);

then:

understanding by the body corporate; and

(d) conduct engaged in by the body corporate in order to give

effect to a provision of the contract, arrangement or

understanding;

is authorised for the purposes of subsection 51(1) of the

Competition and Consumer Act 2010

(10B) If a body corporate is subject to a direction under

subsection 577BAA(1), conduct engaged in by the body corporate

in order to comply with the direction is authorised for the purposes

of subsection 51(1) of the

Competition and Consumer Act 2010

1 At the end of Subdivision A of Division 2 of Part 33

Add:

577BAA Directions--facilitation of contract or agreement

(1) If:

(a) a contract or agreement:

(i) is covered by a subsection of section 577BA; and

(ii) was in force at the commencement of this section; and

Amendments relating to contracts and agreements

Schedule 3

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(b) a designated Telstra successor company (the

first designated

Telstra successor company

) is a party to the contract or

agreement; and

successor company has failed, is failing, or is likely to fail, to

fulfil its obligations under the contract or agreement;

the Minister may give:

(d) another designated Telstra successor company; or

(e) a body corporate that is a related body corporate (within the

meaning of the

Corporations Act 2001

) of the first

designated Telstra successor company;

a written direction to take specified action.

(2) The Minister must not give a direction to a body corporate under

subsection (1) unless:

(a) the Minister is satisfied that the action specified in the

direction will facilitate the first designated Telstra successor

company fulfilling its obligations under the contract or

agreement; and

(b) the Minister is satisfied that the body corporate:

(i) has the capability (including the technical, operational

and organisational capability) to comply with the

direction; or

(ii) could reasonably acquire the capability (including the

technical, operational and organisational capability) to

comply with the direction; and

(i) is a constitutional corporation; or

(ii) carries on a telecommunications business covered by

paragraph 581L(1)(a), (b) or (c).

Compliance with requirement

(3) A body corporate must comply with a direction under

subsection (1).

Civil penalty

(4) Subsection (3) is a civil penalty provision.

Schedule 3

Amendments relating to contracts and agreements

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Consultation--public

(5) Before the Minister gives or varies a direction under

subsection (1), the Minister must consult the ACCC.

(6) Subject to subsection (9), before giving or varying a direction

under subsection (1), the Minister must:

(a) make a copy of the draft direction or variation available on

the Minister's website; and

(b) publish a notice on the Minister's website:

(i) stating that the Minister has prepared the draft; and

(ii) inviting interested persons to give written comments

about the draft to the Minister within the period

specified in the notice.

(7) The period specified in the notice must run for at least 30 days

after the publication of the notice.

(8) If interested persons have given comments in accordance with a

notice under subsection (6), the Minister must have due regard to

those comments in giving or varying the direction.

Consultation--affected companies

(9) If the Minister is satisfied that compliance with subsection (6) in

relation to giving or varying a direction could reasonably be

expected to prejudice the commercial interests of a person:

(a) subsection (6) does not apply to giving or varying the

direction; and

(b) before giving or varying the direction, the Minister must give

each affected company:

(i) a copy of the draft direction or variation; and

(ii) a notice inviting the affected company to give written

comments about the draft to the Minister within the

period specified in the notice.

(10) The period specified in the notice must run for at least 30 days

after the giving of the notice.

Amendments relating to contracts and agreements

Schedule 3

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(11) If affected companies have given comments in accordance with a

notice under subsection (9), the Minister must have due regard to

those comments in making or varying the direction.

(12) For the purposes of the application of this section to a direction that

relates to a contract or agreement or to a variation of such a

direction, each of the following is an

affected company

(a) a body corporate that is a party to the contract or agreement;

(b) a body corporate that is, or will be, subject to the direction.

Telecommunications (Consumer Protection and Service

Standards) Act 1999

2 After section 21

Insert:

21A Directions--facilitation of Telstra USO Performance

Agreement

(1) If:

(a) a designated Telstra successor company (the

first designated

Telstra successor company

) is a party to the section 14

contract known as the Telstra USO Performance Agreement;

and

(b) the Minister is satisfied that the first designated Telstra

successor company has failed, is failing, or is likely to fail, to

fulfil its obligations under the Telstra USO Performance

Agreement;

the Minister may give:

(d) another designated Telstra successor company; or

(e) a body corporate that is a related body corporate (within the

meaning of the

Corporations Act 2001

) of the first

designated Telstra successor company;

a written direction:

(f) to do a specified act or thing; or

(g) not to do a specified act or thing.

Schedule 3

Amendments relating to contracts and agreements

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

(2) The Minister must not give a direction to a body corporate under

subsection (1) to do an act or thing unless:

(a) the Minister is satisfied that the act or thing will facilitate the

first designated Telstra successor company fulfilling its

obligations under the Telstra USO Performance Agreement;

and

(b) the Minister is satisfied that the body corporate:

(i) has the capability (including the technical, operational

and organisational capability) to comply with the

direction; or

(ii) could reasonably acquire the capability (including the

technical, operational and organisational capability) to

comply with the direction; and

(i) is a constitutional corporation; or

(ii) carries on a telecommunications business covered by

paragraph 581L(1)(a), (b) or (c).

(3) The Minister must not give a direction to a body corporate under

subsection (1) not to do an act or thing unless:

(a) the Minister is satisfied that not doing the act or thing will

facilitate the first designated Telstra successor company

fulfilling its obligations under the Telstra USO Performance

Agreement; and

(b) the Minister is satisfied that the body corporate:

(i) has the capability (including the technical, operational

and organisational capability) to comply with the

direction; or

(ii) could reasonably acquire the capability (including the

technical, operational and organisational capability) to

comply with the direction; and

(i) is a constitutional corporation; or

(ii) carries on a telecommunications business covered by

paragraph 581L(1)(a), (b) or (c) of the

Telecommunications Act 1997

Amendments relating to contracts and agreements

Schedule 3

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Compliance with requirement

(4) A body corporate must comply with a direction under

subsection (1).

Civil penalty

(5) Subsection (4) is a civil penalty provision.

Note:

Part 31 provides for pecuniary penalties for breaches of civil penalty

provisions.

Consultation

(6) Before giving or varying a direction under subsection (1), the

Minister must:

(a) make a copy of the draft direction or variation available on

the Minister's website; and

(b) publish a notice on the Minister's website:

(i) stating that the Minister has prepared the draft; and

(ii) inviting interested persons to give written comments

about the draft to the Minister within the period

specified in the notice.

(7) Subject to subsection (8), the period specified in the notice must

run for at least 30 days after the publication of the notice.

(8) The period specified in the notice may be shorter than 30 days if

the Minister is satisfied that the shorter period is necessary due to

urgent circumstances.

(9) If interested persons have given comments in accordance with a

notice under subsection (6), the Minister must have due regard to

those comments in giving or varying the direction.

Schedule 4

Amendments relating to access to supplementary facilities and

telecommunications transmission towers

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

Schedule 4--Amendments relating to access

to supplementary facilities and

telecommunications transmission

towers

Telecommunications Act 1997

1A After paragraph 570(3)(aa)

Insert:

(ab) in the case of a contravention of subsection 581Y(1) or

581ZD(1)--10,000 penalty units for each contravention; or

1 Before Part 35

Insert:

Part 34B--Access to supplementary facilities and

telecommunications transmission towers

Division 1--Introduction

581V Simplified outline of this Part

•

If a group of companies includes a carrier, a company (other

than a carrier) that is in the group must:

(a)

provide carriers with access to facilities; and

(b)

provide carriers with access to telecommunications

transmission towers.

581W Carrier company group

(1) For the purposes of this Part,

carrier company group

means a

group of 2 or more bodies corporate, where:

(a) at least one of those bodies corporate is a carrier; and

(b) each of those bodies corporate are related to each other.

Amendments relating to access to supplementary facilities and telecommunications

transmission towers

Schedule 4

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

(2) For the purposes of this section, the question of whether bodies

corporate are related to each other is to be determined in

accordance with section 50 of the

Corporations Act 2001

(3) The Minister may, by legislative instrument, determine that, for the

purposes of this section, each reference in section 46 of the

Corporations Act 2001

to one-half is taken to be a reference to the

percentage specified in the determination.

(4) If no determination is in force under subsection (3), then, for the

purposes of this section, assume that each reference in section 46

of the

Corporations Act 2001

to one-half were a reference to 15%.

Consultation

(5) Before making or varying a determination under subsection (3), the

Minister must:

(a) make a copy of the draft determination or variation available

on the Department's website; and

(b) publish a notice on the Department's website:

(i) stating that the Minister has prepared the draft; and

(ii) inviting interested persons to give written comments

about the draft to the Minister within the period

specified in the notice.

(6) The period specified in the notice must run for at least 30 days

after the publication of the notice.

(7) If interested persons have given comments in accordance with a

notice under subsection (5), the Minister must have due regard to

those comments in making or varying the determination.

581X Eligible company

For the purposes of this Part,

eligible company

means a body

corporate that:

(a) is in a carrier company group; and

(b) is not a carrier.

Schedule 4

Amendments relating to access to supplementary facilities and

telecommunications transmission towers

Telstra Corporation and Other Legislation Amendment Bill 2021

No. , 2021

581XA Deemed bodies corporate

(1) The Minister may, by legislative instrument, determine that, if:

(a) a specified person is an individual or a partnership; and

(b) the person owns or operates:

(i) a facility; or

(ii) a telecommunications transmission tower (within the

meaning of Division 3);

this Part has effect as if the person were a body corporate that is

related to one or more specified bodies corporate.

(2) The Minister may, by legislative instrument, determine that, if:

(a) a person is the trustee of a specified trust; and

(b) the person (in the capacity of trustee of the trust) owns or

operates:

(i) a facility; or

(ii) a telecommunications transmission tower (within the

meaning of Division 3);

this Part has effect as if the person (in the capacity of trustee of the

trust) were a body corporate that is related to one or more specified

bodies corporate.

(3) The Minister may, by legislative instrument, determine that, if:

(a) 2 or more persons are the trustees of a specified trust; and

(b) the persons (in their capacity of trustees of the trust) own or

operate:

(i) a facility; or

(ii) a telecommunications transmission tower (within the

meaning of Division 3);

this Part has effect as if the persons (in their capacity of trustees of

the trust) were a body corporate that is related to one or more

specified bodies corporate.

Amendments relating to access to supplementary facilities and telecommunications

transmission towers

Schedule 4

No. , 2021

Telstra Corporation and Other Legislation Amendment Bill 2021

Division 2--Access to supplementary facilities

581Y Access to supplementary facilities

(1) An eligible company must, if requested to do so by a carrier, give

the carrier access to facilities owned or operated by the eligible

company.

Note 1:

See also subsection (10) (when carrier is entitled to make a request).

Note 2:

Commonwealth of Australia Bills

TELSTRA CORPORATION AND OTHER LEGISLATION AMENDMENT BILL 2021