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This is a Bill, not an Act. For current law, see the Acts databases.


TELECOMMUNICATIONS LEGISLATION AMENDMENT (COMMUNICATIONS FUND) BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Legislation
Amendment (Communications Fund)
Bill 2008
No. , 2008
(Broadband, Communications and the Digital Economy)
A Bill for an Act to amend the law relating to
telecommunications, and for other purposes
i Telecommunications Legislation Amendment (Communications Fund) Bill 2008 No. ,
2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 1
Schedule 1--Amendme nts
3
Telecommunications (Consumer Protection and Service Standards)
Act 1999
3
Telecommunications Legislation Amendment (Communications Fund) Bill 2008 No. , 2008
1
A Bill for an Act to amend the law relating to
1
telecommunications, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Telecommunications Legislation
5
Amendment (Communications Fund) Act 2008.
6
2 Commence ment
7
This Act commences on the day after it receives the Royal Assent.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2 Telecommunications Legislation Amendment (Communications Fund) Bill 2008 No.
, 2008
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amend ments Schedule 1
Telecommunications Legislation Amendment (Communications Fund) Bill 2008 No. , 2008
3
1
Schedule 1
--
Amendments
2
3
Telecommunications (Consumer Protection and Service
4
Standards) Act 1999
5
1 Section 158ZE
6
After:
7
·
Money in the Fund will be used to finance the implementation
8
of the Commonwealth Government's response to the
9
recommendations of the Regional Telecommunications
10
Independent Review Committee.
11
Insert:
12
·
Money in the Fund is also available for purposes relating to
13
the creation or development of a broadband
14
telecommunications network.
15
2 Section 158ZF
16
Insert:
17
acquire includes acquire by way of issue.
18
3 Section 158ZF
19
Insert:
20
broadband network debenture has the meaning given by
21
section 158ZNA.
22
4 Section 158ZF
23
Insert:
24
broadband network share has the meaning given by
25
section 158ZNA.
26
5 Section 158ZF
27
Insert:
28
Schedule 1 A mendments
4 Telecommunications Legislation Amendment (Communications Fund) Bill 2008 No.
, 2008
broadband network trust unit has the meaning given by
1
section 158ZNA.
2
6 Section 158ZF
3
Insert:
4
broadband telecommunications network means a
5
telecommunications network that is capable of carrying
6
communications on a broadband basis.
7
7 Section 158ZF (definition of unit)
8
Repeal the definition, substitute:
9
unit:
10
(a) when used in relation to a share, debenture or other interest--
11
has the same meaning as in the Corporations Act 2001; or
12
(b) when used in relation to a unit trust--means a unit in the unit
13
trust.
14
8 Paragraph 158ZI(1)(b)
15
Omit "above purpose", substitute "purpose set out in paragraph (a)".
16
9 Paragraph 158ZI(1)(c)
17
Omit "either of the above purposes.", substitute "a purpose set out in
18
paragraph (a) or (b);".
19
10 At the end of subsection 158ZI(1)
20
Add:
21
(d) the acquisition of shares in a company that is, or will be,
22
involved in the creation or development of a broadband
23
telecommunications network;
24
(e) the acquisition of debentures of a company that is, or will be,
25
involved in the creation or development of a broadband
26
telecommunications network;
27
(f) the acquisition of units in a unit trust that is, or will be,
28
involved in the creation or development of a broadband
29
telecommunications network;
30
(g) the making of grants of financial assistance in relation to the
31
creation or development of a broadband telecommunications
32
network;
33
Amend ments Schedule 1
Telecommunications Legislation Amendment (Communications Fund) Bill 2008 No. , 2008
5
(h) the making of grants of financial assistance in relation to the
1
supply of a broadband carriage service over a broadband
2
telecommunications network;
3
(i) the acquisition of assets for use in connection with a
4
broadband telecommunications network;
5
(j) a purpose incidental or ancillary to a purpose set out in
6
paragraph (d), (e), (f), (g), (h) or (i).
7
11 Section 158ZJ
8
Repeal the section.
9
12 Section 158ZJA
10
Repeal the section.
11
13 Paragraph 158ZL(1)(b)
12
Omit "158ZI(c)", substitute "158ZI(1)(c), (g) or (h)".
13
14 Paragraph 158ZM(1)(b)
14
Omit "158ZI(c)", substitute "158ZI(1)(c), (g) or (h)".
15
15 At the end of Division 2 of Part 9C
16
Add:
17
158ZNA Broadband network shares, debentures and trust units
18
(1) For the purposes of this Part, a broadband network share is a share
19
that:
20
(a) is held by the Commonwealth; and
21
(b) was acquired using money debited from the Fund Account
22
for the purpose mentioned in paragraph 158ZI(1)(d).
23
(2) For the purposes of this Part, a broadband network debenture is a
24
debenture that:
25
(a) is held by the Commonwealth; and
26
(b) was acquired using money debited from the Fund Account
27
for the purpose mentioned in paragraph 158ZI(1)(e).
28
(3) For the purposes of this Part, a broadband network trust unit is a
29
unit in a unit trust, where the unit:
30
(a) is held by the Commonwealth; and
31
Schedule 1 A mendments
6 Telecommunications Legislation Amendment (Communications Fund) Bill 2008 No.
, 2008
(b) was acquired using money debited from the Fund Account
1
for the purpose mentioned in paragraph 158ZI(1)(f).
2
(4) Division 3 does not apply in relation to:
3
(a) a broadband network share; or
4
(b) a broadband network debenture; or
5
(c) a broadband network trust unit.
6
(5) Section 39 of the Financial Management and Accountability Act
7
1997 does not apply in relation to:
8
(a) a broadband network share; or
9
(b) a broadband network debenture; or
10
(c) a broadband network trust unit.
11
16 Transitional
--
section 158ZJ of the Telecommunications
12
(Consumer Protection and Service Standards) Act 1999
13
The repeal of section 158ZJ of the Telecommunications (Consumer
14
Protection and Service Standards) Act 1999 effected by this Schedule
15
does not affect a credit made before the commencement of this item.
16

 


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