Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

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

TELSTRA (TRANSITION TO FULL PRIVATE OWNERSHIP) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Telstra (Transition to Full Private
Ownership) Bill 2005
No. , 2005
(Communications, Information Technology and the Arts)
A Bill for an Act to amend the Telstra Corporation
Act 1991, and for other purposes
i Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Designated day ..............................................................................2
4
85% sale day .................................................................................4
5
Schedule(s)....................................................................................5
Schedule 1--Amendments
7
Part 1--Amendments commencing on Royal Assent
7
Telstra Corporation Act 1991
7
Part 2--Amendments commencing on the designated day
21
Administrative Decisions (Judicial Review) Act 1977
21
Archives Regulations
21
Australian Security Intelligence Organisation Act 1979
21
Freedom of Information Act 1982
22
Freedom of Information (Miscellaneous Provisions) Regulations
1982
22
Long Service Leave (Commonwealth Employees) Regulations 1957
23
Maternity Leave (Commonwealth Employees) Regulations
23
Ombudsman Regulations 1977
24
Telstra Corporation Act 1991
25
Part 3--Amendments commencing on the 85% sale day
38
Telstra Corporation Act 1991
38
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 1
A Bill for an Act to amend the Telstra Corporation
1
Act 1991, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Telstra (Transition to Full Private
5
Ownership) Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 5
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
Part 1
The day on which this Act receives the
Royal Assent.
3. Schedule 1,
Part 2
The designated day declared under
section 3.
4. Schedule 1,
Part 3
The 85% sale day declared under section 4.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Designated day
7
(1) If, in the opinion of the Minister, a particular day is the first day
8
after the commencement of Part 1 of Schedule 1 on which a
9
majority of the voting shares in Telstra are held by a person, or
10
persons, other than the Commonwealth, the Minister must, by
11
written instrument, declare the day to be the designated day for
12
Telstra.
13
(2) The declaration has effect accordingly.
14
Future Fund and Communications Fund
15
(3) For the purposes of this section, if a share in Telstra is an
16
investment of the Future Fund or the Communications Fund, the
17
share is taken to be held by a person other than the Commonwealth.
18
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 3
Securities lending arrangements
1
(4) For the purposes of this section, if, under an agreement of the kind
2
known as a securities lending arrangement:
3
(a) at a particular time (the disposal time), the Commonwealth
4
disposed of a share in Telstra (the borrowed share) to another
5
person (the borrower); and
6
(b) the Commonwealth may come under an obligation to:
7
(i) re-acquire the borrowed share from the borrower at a
8
later time; or
9
(ii) acquire an identical share from the borrower at a later
10
time;
11
the borrowed share is taken to be held by the Commonwealth during
12
the period:
13
(c) beginning at the disposal time; and
14
(d) ending when the obligation mentioned in paragraph (b) is
15
discharged or can no longer arise.
16
Declaration
17
(5) The declaration under subsection (1) is a legislative instrument for
18
the purposes of the Legislative Instruments Act 2003, but
19
section 42 of that Act does not apply to the declaration.
20
(6) The designated day may be earlier than the day on which the
21
declaration under subsection (1) is registered under the Legislative
22
Instruments Act 2003.
23
Definitions
24
(7) In this section:
25
category A hybrid-security issuer company has the same meaning
26
as in the Telstra Corporation Act 1991.
27
Communications Fund has the same meaning as in the Telstra
28
Corporation Act 1991.
29
Future Fund has the same meaning as in the Telstra Corporation
30
Act 1991.
31
4 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
Telstra has the same meaning as in the Telstra Corporation Act
1
1991.
2
the Commonwealth includes a category A hybrid-security issuer
3
company.
4
voting share has the same meaning as in the Telstra Corporation
5
Act 1991.
6
4 85% sale day
7
(1) If, in the opinion of the Minister, a particular day is the first day
8
after the commencement of Part 1 of Schedule 1 on which 85% of
9
the voting shares in Telstra are held by a person, or persons, other
10
than the Commonwealth, the Minister must, by written instrument,
11
declare the day to be the 85% sale day for Telstra.
12
(2) The declaration has effect accordingly.
13
Future Fund and Communications Fund
14
(3) For the purposes of this section, if a share in Telstra is an
15
investment of the Future Fund or the Communications Fund, the
16
share is taken to be held by a person other than the Commonwealth.
17
Securities lending arrangements
18
(4) For the purposes of this section, if, under an agreement of the kind
19
known as a securities lending arrangement:
20
(a) at a particular time (the disposal time), the Commonwealth
21
disposed of a share in Telstra (the borrowed share) to another
22
person (the borrower); and
23
(b) the Commonwealth may come under an obligation to:
24
(i) re-acquire the borrowed share from the borrower at a
25
later time; or
26
(ii) acquire an identical share from the borrower at a later
27
time;
28
the borrowed share is taken to be held by the Commonwealth during
29
the period:
30
(c) beginning at the disposal time; and
31
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 5
(d) ending when the obligation mentioned in paragraph (b) is
1
discharged or can no longer arise.
2
Declaration
3
(5) The declaration under subsection (1) is a legislative instrument for
4
the purposes of the Legislative Instruments Act 2003, but
5
section 42 of that Act does not apply to the declaration.
6
(6) The 85% sale day may be earlier than the day on which the
7
declaration under subsection (1) is registered under the Legislative
8
Instruments Act 2003.
9
Definitions
10
(7) In this section:
11
category A hybrid-security issuer company has the same meaning
12
as in the Telstra Corporation Act 1991.
13
Communications Fund has the same meaning as in the Telstra
14
Corporation Act 1991.
15
Future Fund has the same meaning as in the Telstra Corporation
16
Act 1991.
17
Telstra has the same meaning as in the Telstra Corporation Act
18
1991.
19
the Commonwealth includes a category A hybrid-security issuer
20
company.
21
voting share has the same meaning as in the Telstra Corporation
22
Act 1991.
23
5 Schedule(s)
24
(1) Each Act, and each set of regulations, that is specified in a Schedule
25
to this Act is amended or repealed as set out in the applicable items
26
in the Schedule concerned, and any other item in a Schedule to this
27
Act has effect according to its terms.
28
6 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
(2) The amendment of any regulation under subsection (1) does not
1
prevent the regulation, as so amended, from being amended or
2
repealed by the Governor-General.
3
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 7
1
Schedule 1--Amendments
2
Part 1--Amendments commencing on Royal Assent
3
Telstra Corporation Act 1991
4
1 Section 3
5
Insert:
6
category A hybrid-security issuer company means a
7
hybrid-security issuer company other than a category B
8
hybrid-security issuer company.
9
2 Section 3
10
Insert:
11
category B hybrid-security issuer company has the meaning given
12
by subsection 8AJ(6B).
13
3 Section 3
14
Insert:
15
Communications Fund means the Communications Fund
16
established by a law of the Commonwealth.
17
4 Section 3
18
Insert:
19
Future Fund means the Future Fund established by a law of the
20
Commonwealth.
21
5 Section 3
22
Insert:
23
hybrid-security issuer company has the meaning given by
24
section 8AJ.
25
6 Section 3
26
Insert:
27
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
8 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
sale-scheme hybrid security has the meaning given by
1
section 8AJA.
2
7 Section 8AA
3
Omit:
4
·
The Commonwealth may sell 49.9% of its original equity
5
interest in Telstra, but must retain the remaining 50.1%.
6
substitute:
7
·
The Commonwealth may sell its remaining equity interest in
8
Telstra.
9
8 Division 2 of Part 2
10
Repeal the Division.
11
9 Subsection 8AJ(1)
12
Omit "and sale-scheme trust deed", substitute ", sale-scheme trust deed
13
and hybrid-security issuer company".
14
10 Subsection 8AJ(2)
15
Omit "a part", substitute "the whole or a part".
16
11 Subsection 8AJ(3)
17
Repeal the subsection, substitute:
18
(3) A Telstra sale scheme must comply with any rules set out in a
19
determination in force under subsection (3A).
20
(3A) The Minister for Finance may make a written determination setting
21
out rules that are to be complied with by a Telstra sale scheme.
22
(3B) A determination under subsection (3A) is a legislative instrument
23
for the purposes of the Legislative Instruments Act 2003, but
24
section 42 of that Act does not apply to the determination.
25
12 At the end of subsection 8AJ(4)
26
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 9
Add:
1
; (k) the issue by the Commonwealth or Telstra of sale-scheme
2
hybrid securities;
3
(l) an arrangement under which one or more designated
4
companies (each of which is called a hybrid-security issuer
5
company) issue sale-scheme hybrid securities;
6
(m) the guarantee by the Commonwealth of obligations of a
7
hybrid-security issuer company in relation to sale-scheme
8
hybrid securities (for example, obligations to make payments
9
of interest or dividends);
10
(n) an agreement of the kind known as a securities lending
11
arrangement, where the securities lending arrangement relates
12
to shares in Telstra.
13
13 After subsection 8AJ(6)
14
Insert:
15
(6A) For the purposes of this section, a designated company is:
16
(a) a wholly-owned Commonwealth company; or
17
(b) a body corporate specified in a written declaration made by
18
the Minister for Finance under this paragraph.
19
(6B) A category B hybrid-security issuer company is a hybrid-security
20
issuer company (other than a wholly-owned Commonwealth
21
company) specified in a written declaration made by the Minister
22
for Finance under this subsection.
23
(6C) A declaration under paragraph (6A)(b) or subsection (6B) is not a
24
legislative instrument for the purposes of the Legislative
25
Instruments Act 2003.
26
(6D) For the purposes of this section, if a share in Telstra is an
27
investment of the Future Fund or the Communications Fund, the
28
share is taken to be held by a person other than the Commonwealth.
29
14 Subsection 8AJ(7)
30
Insert:
31
designated company has the meaning given by subsection (6A).
32
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
10 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
15 Subsection 8AJ(7)
1
Insert:
2
wholly-owned Commonwealth company has the same meaning as
3
in the Commonwealth Authorities and Companies Act 1997 (in
4
working out whether a company is covered by this definition, ignore
5
any sale-scheme hybrid securities issued by the company).
6
16 After section 8AJ
7
Insert:
8
8AJA Sale-scheme hybrid securities
9
(1) For the purposes of this Act, a sale-scheme hybrid security is:
10
(a) an interest-bearing security that is issued on the basis that it
11
will or may be redeemed in exchange for a share or shares in
12
Telstra; or
13
(b) a share that is issued on the basis that it will or may be
14
redeemed in exchange for a share or shares in Telstra; or
15
(c) any other security or financial product that is issued on the
16
basis that it will or may be redeemed in exchange for a share
17
or shares in Telstra; or
18
(d) an option to acquire a share or shares in Telstra; or
19
(e) an interest-bearing security that is issued on the basis that it
20
will or may be converted to a share or shares in Telstra; or
21
(f) any other security or financial product that is issued on the
22
basis that it will or may be converted to a share or shares in
23
Telstra; or
24
(g) an interest-bearing security that is issued on the basis that it
25
will or may be exchanged for a share or shares in Telstra; or
26
(h) any other security or financial product that is issued on the
27
basis that it will or may be exchanged for a share or shares in
28
Telstra; or
29
(i) a security, or a financial product, that:
30
(i) is specified in a written declaration made by the Minister
31
for Finance under this subparagraph; and
32
(ii) relates directly or indirectly to Telstra.
33
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 11
(2) A security or financial product covered by a paragraph of
1
subsection (1) may (but need not) include a charge, pledge or lien.
2
(3) A security covered by paragraph (1)(a), (e) or (g) may be issued in
3
or outside Australia, and may be denominated in:
4
(a) Australian currency; or
5
(b) a currency other than Australian currency.
6
(4) A share covered by paragraph (1)(b) may be issued in or outside
7
Australia, and any rights or obligations may be denominated in:
8
(a) Australian currency; or
9
(b) a currency other than Australian currency.
10
(5) A security or financial product covered by paragraph (1)(c), (f), (h)
11
or (i) may be issued in or outside Australia, and any rights or
12
obligations may be denominated in:
13
(a) Australian currency; or
14
(b) a currency other than Australian currency.
15
(6) An option covered by paragraph (1)(d) may be issued in or outside
16
Australia, and the exercise price may be denominated in:
17
(a) Australian currency; or
18
(b) a currency other than Australian currency.
19
(7) A declaration under subparagraph (1)(i)(i) is a legislative
20
instrument for the purposes of the Legislative Instruments Act
21
2003, but section 42 of that Act does not apply to the declaration.
22
(8) In this section:
23
charge has the same meaning as in the Corporations Act 2001.
24
financial product has the same meaning as in Chapter 7 of the
25
Corporations Act 2001.
26
security has the same meaning as in Chapter 7 of the Corporations
27
Act 2001.
28
17 Subsection 8AK(1)
29
Insert:
30
charge has the same meaning as in the Corporations Act 2001.
31
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
12 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
18 Subsection 8AK(1) (after paragraph (k) of the definition of
1
designated matter)
2
Insert:
3
(ka) the issue of sale-scheme hybrid securities;
4
(kb) the receipt of money by the Commonwealth, or by a person
5
acting on behalf of the Commonwealth, in respect of the issue
6
of sale-scheme hybrid securities;
7
(kc) the receipt of money by a hybrid-security issuer company, or
8
by a person acting on behalf of a hybrid-security issuer
9
company, in respect of the issue of sale-scheme hybrid
10
securities;
11
(kd) the redemption, exchange or conversion of sale-scheme hybrid
12
securities;
13
(ke) the transfer by a hybrid-security issuer company of a share in
14
Telstra held by the company;
15
(kf) the grant of a charge, pledge or lien (whether in connection
16
with sale-scheme hybrid securities or otherwise);
17
(kg) an agreement relating to a matter covered by paragraph (c),
18
(f), (g), (h), (i), (j), (k), (ka), (kb), (kc), (kd), (ke) or (kf);
19
(kh) an agreement of the kind known as a securities lending
20
arrangement, where the securities lending arrangement relates
21
to shares in Telstra;
22
19 At the end of section 8AL
23
Add:
24
(3) Subsection (1) does not authorise the appropriation of the
25
Consolidated Revenue Fund at any time after the commencement of
26
this subsection.
27
20 Paragraph 8AR(1)(b)
28
Omit "section 205", substitute "Part 2J.3".
29
21 Paragraph 8AR(1)(c)
30
Omit "Part 3.2A", substitute "Chapter 2E".
31
22 Subsections 8AR(2) and (3)
32
Repeal the subsections.
33
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 13
23 At the end of section 8AS
1
Add:
2
(5) Subsection (3) does not authorise the appropriation of the
3
Consolidated Revenue Fund at any time after the commencement of
4
this subsection.
5
24 At the end of section 8AT
6
Add:
7
Chinese wall arrangements
8
(5) The Commonwealth does not contravene subsection 1043A(1) of
9
the Corporations Act 2001 by entering into a transaction or
10
agreement at any time in relation to:
11
(a) shares in Telstra; or
12
(b) sale-scheme hybrid securities; or
13
(c) a Telstra sale scheme;
14
merely because of information in the possession of an officer or
15
employee of the Commonwealth if:
16
(d) the decision to enter into the transaction or agreement was
17
taken on its behalf by a person or persons other than that
18
officer or employee; and
19
(e) it had in operation at that time arrangements that could
20
reasonably be expected to ensure that:
21
(i) the information was not communicated to the person or
22
persons who made the decision; and
23
(ii) no advice with respect to the transaction or agreement
24
was given to that person or any of those persons by a
25
person in possession of the information; and
26
(f) the information was not so communicated and no such advice
27
was given.
28
(6) A reference in subsection (5) to an officer of the Commonwealth
29
includes a reference to the holder of an office under a law of the
30
Commonwealth.
31
25 Subsection 8AV(5)
32
Omit "section 195", substitute "Part 2J.1".
33
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
14 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
26 Subsection 8AV(6)
1
Repeal the subsection.
2
27 After section 8AY
3
Insert:
4
8AYA Minister for Finance may direct Telstra not to dilute the
5
Commonwealth's equity in Telstra etc.
6
Equity-dilution conduct
7
(1) For the purposes of this section, equity-dilution conduct is conduct
8
that:
9
(a) will result, or is likely to result, in a dilution of the
10
Commonwealth's equity in Telstra; and
11
(b) is not carried out under a Telstra sale scheme.
12
(2) In determining whether conduct is equity-dilution conduct, regard
13
must be had to the economic and commercial substance of the
14
conduct.
15
(3) Subsection (2) does not, by implication, limit subsection (1).
16
Security-issue conduct
17
(4) For the purposes of this section, security-issue conduct is conduct
18
that consists of the issue of a security or a financial product.
19
Notification of proposal to engage in equity-dilution conduct or
20
security-issue conduct
21
(5) Before engaging in particular equity-dilution conduct or
22
security-issue conduct, Telstra must give the Minister for Finance a
23
written notice:
24
(a) setting out details of Telstra's proposal to engage in that
25
conduct; and
26
(b) giving Telstra's reasons for that proposal.
27
(6) A notice under subsection (5) must be given to the Minister for
28
Finance not later than:
29
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 15
(a) 30 days before engaging in the equity-dilution conduct or
1
security-issue conduct; or
2
(b) if the Minister for Finance allows a shorter period--the
3
beginning of that shorter period.
4
Direction not to engage in equity-dilution conduct or
5
security-issue conduct
6
(7) The Minister for Finance may, by written notice given to Telstra,
7
direct Telstra not to engage in specified equity-dilution conduct or
8
specified security-issue conduct.
9
Note:
For specification by class, see subsection 46(3) of the Acts
10
Interpretation Act 1901.
11
(8) Telstra must comply with a direction under subsection (7).
12
Sanction
13
(9) A breach of this section is not an offence. However, a breach of this
14
section is a ground for obtaining an injunction under Division 1 of
15
Part 2B.
16
Future Fund and Communications Fund
17
(10) For the purposes of this section, if a share in Telstra is an
18
investment of the Future Fund or the Communications Fund, the
19
share is taken to be held by a person other than the Commonwealth.
20
Direction
21
(11) A direction under subsection (7) is not a legislative instrument for
22
the purposes of the Legislative Instruments Act 2003.
23
Definitions
24
(12) In this section:
25
financial product has the same meaning as in Chapter 7 of the
26
Corporations Act 2001.
27
security has the same meaning as in Chapter 7 of the Corporations
28
Act 2001.
29
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
16 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
the Commonwealth includes a category A hybrid-security issuer
1
company.
2
8AYB Telstra to give information to the Minister about the level of
3
non-Commonwealth ownership of shares in Telstra
4
Direction to give information
5
(1) The Minister may, by written notice given to Telstra, direct Telstra
6
to give to the Minister, within the period specified in the notice,
7
specified information that is relevant to determining either or both of
8
the following:
9
(a) whether or not a particular day is the first day after the
10
commencement of this section on which a majority of the
11
voting shares in Telstra are held by a person, or persons, other
12
than the Commonwealth;
13
(b) whether or not a particular day is the first day after the
14
commencement of this section on which 85% of the voting
15
shares in Telstra are held by a person, or persons, other than
16
the Commonwealth.
17
(2) Telstra must comply with a direction under subsection (1).
18
Sanction
19
(3) A breach of this section is not an offence. However, a breach of this
20
section is a ground for obtaining an injunction under Division 1 of
21
Part 2B.
22
Future Fund and Communications Fund
23
(4) For the purposes of this section, if a share in Telstra is an
24
investment of the Future Fund or the Communications Fund, the
25
share is taken to be held by a person other than the Commonwealth.
26
Securities lending arrangements
27
(5) For the purposes of this section, if, under an agreement of the kind
28
known as a securities lending arrangement:
29
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 17
(a) at a particular time (the disposal time), the Commonwealth
1
disposed of a share in Telstra (the borrowed share) to another
2
person (the borrower); and
3
(b) the Commonwealth may come under an obligation to:
4
(i) re-acquire the borrowed share from the borrower at a
5
later time; or
6
(ii) acquire an identical share from the borrower at a later
7
time;
8
the borrowed share is taken to be held by the Commonwealth during
9
the period:
10
(c) beginning at the disposal time; and
11
(d) ending when the obligation mentioned in paragraph (b) is
12
discharged or can no longer arise.
13
Direction
14
(6) A direction under subsection (1) is not a legislative instrument for
15
the purposes of the Legislative Instruments Act 2003.
16
Definition
17
(7) In this section:
18
the Commonwealth includes a category A hybrid-security issuer
19
company.
20
8AYC Application of the Ombudsman Act 1976 to Telstra
21
In determining whether Telstra is a prescribed authority for the
22
purposes of the Ombudsman Act 1976, assume that each reference
23
to the Commonwealth in the definition of
24
Commonwealth-controlled company in subsection 3(1) of that Act
25
includes a reference to a category A hybrid-security issuer
26
company.
27
8AYD Controlling interest in Telstra
28
In determining, for the purposes of a law of the Commonwealth
29
(other than this Act), whether the Commonwealth has a controlling
30
interest in Telstra, if a share in Telstra is an investment of the
31
Future Fund or the Communications Fund, assume that any voting
32
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
18 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
rights associated with the share were held by a person other than the
1
Commonwealth.
2
28 At the end of section 8BA
3
Add:
4
(4) Subsection (3) does not authorise the appropriation of the
5
Consolidated Revenue Fund at any time after the commencement of
6
this subsection.
7
29 Section 8CI
8
Omit "Part 2 or 2A" (wherever occurring), substitute "Part 2A".
9
30 Subsection 8CI(6)
10
Omit "Part 2 or 2A", substitute "Part 2A".
11
Note:
The heading to subsection 8CI(6) is altered by omitting "Part 2 or 2A" and
12
substituting "Part 2A".
13
31 Section 8CJ
14
Omit "Part 2 or 2A" (wherever occurring), substitute "Part 2A".
15
32 Subsection 8CJ(6)
16
Omit "Part 2 or 2A", substitute "Part 2A".
17
Note:
The heading to subsection 8CJ(6) is altered by omitting "Part 2 or 2A" and
18
substituting "Part 2A".
19
33 Subsection 8CK(1)
20
Omit "Part 2 or 2A", substitute "Part 2A".
21
34 Section 8CL
22
Omit "Part 2 or".
23
35 Paragraph 26(b)
24
After "Crown", insert "(however described)".
25
36 After Part 2B
26
Insert:
27
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 19
Part 2C--Re-affirmation of the universal service
1
obligation, the digital data service
2
obligation and the customer service
3
guarantee
4
5
8CM Re-affirmation of universal service obligation and digital data
6
service obligation
7
(1) The Parliament re-affirms its intention:
8
(a) that all people in Australia, wherever they reside or carry on
9
business, will continue to have reasonable access, on an
10
equitable basis, to standard telephone services, payphones and
11
digital data services; and
12
(b) that:
13
(i) the universal service obligation described in section 9 of
14
the Telecommunications (Consumer Protection and
15
Service Standards) Act 1999; and
16
(ii) the digital data service obligation described in section 10
17
of that Act;
18
should be fulfilled as efficiently and economically as
19
practicable.
20
(2) An expression used in this section and in Part 2 of the
21
Telecommunications (Consumer Protection and Service
22
Standards) Act 1999 has the same meaning in this section as it has
23
in that Part.
24
8CN Re-affirmation of the customer service guarantee
25
(1) The Parliament re-affirms its intention that the Minister will take all
26
reasonable steps to ensure that:
27
(a) the ACMA continues to make performance standards to be
28
complied with by carriage service providers in relation to
29
customer service; and
30
(b) if a carriage service provider contravenes a performance
31
standard, the carriage service provider will continue to be
32
liable to pay damages to the customer for the contravention.
33
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
20 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
(2) An expression used in this section and in Part 5 of the
1
Telecommunications (Consumer Protection and Service
2
Standards) Act 1999 has the same meaning in this section as it has
3
in that Part.
4
37 Paragraph 9(3)(b) of the Schedule
5
Omit "in relation to an issue of shares in Telstra".
6
38 After subclause 12(4A) of the Schedule
7
Insert:
8
(4AA) For the purposes of subclause (4A), if a share in Telstra is an
9
investment of the Future Fund or the Communications Fund, the
10
share is taken to be held by a person other than the Commonwealth.
11
(4AB) For the purposes of subclause (4A), if:
12
(a) a share in Telstra is held by the Commonwealth; and
13
(b) the share is specified in a written declaration made by the
14
Minister for Finance under this paragraph;
15
the share is taken to be held by a person other than the
16
Commonwealth.
17
Note: For specification by class, see subsection 13(3) of the Legislative
18
Instruments Act 2003.
19
39 Subclause 12(4B) of the Schedule
20
Omit "subclause (4A)", substitute "subclauses (4A), (4AA) and (4AB)".
21
40 At the end of clause 12 of the Schedule
22
Add:
23
(8) A declaration under paragraph (4AB)(b) is a legislative instrument
24
for the purposes of the Legislative Instruments Act 2003, but
25
section 42 of that Act does not apply to the declaration.
26
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 21
1
Part 2--Amendments commencing on the designated
2
day
3
Administrative Decisions (Judicial Review) Act 1977
4
41 After paragraph (v) of Schedule 1
5
Insert:
6
(va) decisions of Telstra Corporation Limited or a company that is
7
a subsidiary of that company;
8
Archives Regulations
9
42 Regulation 2A
10
Repeal the regulation.
11
Australian Security Intelligence Organisation Act 1979
12
43 Section 4
13
Insert:
14
carriage service provider has the same meaning as in the
15
Telecommunications Act 1997.
16
44 Section 4
17
Insert:
18
carrier has the same meaning as in the Telecommunications Act
19
1997.
20
45 Subsection 26(8)
21
Omit "controlled by Telstra Corporation Limited", substitute "operated
22
by a carrier or a carriage service provider".
23
46 Subsection 27A(5)
24
Omit "controlled by Telstra Corporation Limited", substitute "operated
25
by a carrier or a carriage service provider".
26
Schedule 1 Amendments
Part 2 Amendments commencing on the designated day
22 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
Freedom of Information Act 1982
1
47 Division 1 of Part II of Schedule 2
2
Omit "Telstra Corporation Limited in relation to documents in respect of
3
its commercial activities".
4
Freedom of Information (Miscellaneous Provisions)
5
Regulations 1982
6
48 Schedule 1
7
Omit "Telstra Corporation Limited".
8
49 Schedule 2 (table item 125A)
9
Repeal the item.
10
50 Schedule 3 (table item 12)
11
Repeal the item.
12
51 Transitional--requests under the Freedom of Information
13
Act 1982
14
(1)
If:
15
(a) before the commencement of this item, a request was made
16
under the Freedom of Information Act 1982 (the FOI Act) for
17
access to a document in the possession of Telstra; and
18
(b) the request had not been finally disposed of under the FOI Act
19
immediately before the commencement of this item;
20
then:
21
(c) the FOI Act and the regulations under the FOI Act have effect
22
after the commencement of this item, in relation to the request,
23
as if:
24
(i) Telstra were an agency (within the meaning of the FOI
25
Act); and
26
(ii) the FOI Act and the Freedom of Information
27
(Miscellaneous Provisions) Regulations had not been
28
amended by this Part; and
29
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 23
(d) the Administrative Appeals Tribunal Act 1975 has effect after
1
the commencement of this item, in relation to a decision in
2
connection with the request, as if:
3
(i) Telstra were an agency (within the meaning of the FOI
4
Act); and
5
(ii) the FOI Act and the Freedom of Information
6
(Miscellaneous Provisions) Regulations had not been
7
amended by this Part.
8
(2)
If:
9
(a) before the commencement of this item, a person had:
10
(i) applied under the Administrative Appeals Tribunal Act
11
1975 (the AAT Act) for a review of a decision of Telstra
12
made under the Freedom of Information Act 1982 in
13
relation to a particular document; or
14
(ii) requested under the AAT Act a statement of reasons for
15
such a decision; and
16
(b) the application or request had not been finally disposed of
17
under the AAT Act before the commencement of this item;
18
the AAT Act has effect after the commencement of this item, in relation
19
to the application or request, as if:
20
(c) Telstra were an agency (within the meaning of the Freedom of
21
Information Act 1982); and
22
(d) the Freedom of Information Act 1982 and the Freedom of
23
Information (Miscellaneous Provisions) Regulations had not
24
been amended by this Part.
25
Long Service Leave (Commonwealth Employees)
26
Regulations 1957
27
52 Item 4 of Schedule 1A
28
Repeal the item.
29
Maternity Leave (Commonwealth Employees) Regulations
30
53 Item 2 of Schedule 2A
31
Repeal the item.
32
Schedule 1 Amendments
Part 2 Amendments commencing on the designated day
24 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
Ombudsman Regulations 1977
1
54 Schedule 2 (table item 15)
2
Repeal the item.
3
55 Schedule 4 (table item 17)
4
Repeal the item.
5
56 Transitional--complaints and investigations under the
6
Ombudsman Act 1976
7
(1)
If:
8
(a) before the commencement of this item, a complaint was made
9
to the Ombudsman under the Ombudsman Act 1976 in
10
relation to action taken by Telstra; and
11
(b) immediately before the commencement of this item, the
12
Ombudsman had not finally disposed of the matter in
13
accordance with that Act;
14
the Ombudsman Act 1976 and the regulations under the Ombudsman Act
15
1976 have effect after the commencement of this item, in relation to the
16
complaint, as if:
17
(c) Telstra were a prescribed authority (within the meaning of the
18
Ombudsman Act 1976); and
19
(d) the Ombudsman Regulations 1977 had not been amended by
20
this Part.
21
(2)
If:
22
(a) before the commencement of this item, the Ombudsman
23
commenced an investigation under the Ombudsman Act 1976
24
in relation to action taken by Telstra; and
25
(b) immediately before the commencement of this item, the
26
Ombudsman had not finally disposed of the matter in
27
accordance with that Act;
28
the Ombudsman Act 1976 and the regulations under the Ombudsman Act
29
1976 have effect after the commencement of this item, in relation to the
30
investigation, as if:
31
(c) Telstra were a prescribed authority (within the meaning of the
32
Ombudsman Act 1976); and
33
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 25
(d) the Ombudsman Regulations 1977 had not been amended by
1
this Part.
2
Telstra Corporation Act 1991
3
57 Section 3
4
Insert:
5
designated day means the day declared under section 3 of the
6
Telstra (Transition to Full Private Ownership) Act 2005.
7
58 Section 3
8
Insert:
9
employee includes apprentice.
10
59 Section 3
11
Insert:
12
Long Service Leave Act means the Long Service Leave
13
(Commonwealth Employees) Act 1976 as in force immediately
14
before the designated day.
15
60 Section 3
16
Insert:
17
Maternity Leave Act means the Maternity Leave (Commonwealth
18
Employees) Act 1973 as in force immediately before the designated
19
day.
20
61 Section 3
21
Insert:
22
SRC Act means the Safety, Rehabilitation and Compensation Act
23
1988.
24
62 Section 3
25
Insert:
26
Telstra body:
27
Schedule 1 Amendments
Part 2 Amendments commencing on the designated day
26 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
(a) in Divisions 1, 2 and 3 of Part 3A--has the meaning given by
1
subsection 3B(1); and
2
(b) in the remaining provisions of this Act--has the meaning
3
given by subsection 3B(2).
4
63 After section 3A
5
Insert:
6
3B Telstra body
7
Divisions 1, 2 and 3 of Part 3A
8
(1) A reference in Divisions 1, 2 and 3 of Part 3A to a Telstra body is a
9
reference to:
10
(a) Telstra; or
11
(b) a body corporate that is a subsidiary of Telstra immediately
12
before the day that is the first day after the commencement of
13
Part 1 of Schedule 1 to the Telstra (Transition to Full Private
14
Ownership) Act 2005 on which a majority of the voting shares
15
in Telstra are held by a person, or persons, other than the
16
Commonwealth.
17
Remaining provisions
18
(2) A reference in any of the remaining provisions of this Act to a
19
Telstra body is a reference to:
20
(a) Telstra; or
21
(b) a body corporate that is a subsidiary of Telstra.
22
Future Fund and Communications Fund
23
(3) For the purposes of subsection (1), if a share in Telstra is an
24
investment of the Future Fund or the Communications Fund, the
25
share is taken to be held by a person other than the Commonwealth.
26
Securities lending arrangements
27
(4) For the purposes of subsection (1), if, under an agreement of the
28
kind known as a securities lending arrangement:
29
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 27
(a) at a particular time (the disposal time), the Commonwealth
1
disposed of a share in Telstra (the borrowed share) to another
2
person (the borrower); and
3
(b) the Commonwealth may come under an obligation to:
4
(i) re-acquire the borrowed share from the borrower at a
5
later time; or
6
(ii) acquire an identical share from the borrower at a later
7
time;
8
the borrowed share is taken to be held by the Commonwealth during
9
the period:
10
(c) beginning at the disposal time; and
11
(d) ending when the obligation mentioned in paragraph (b) is
12
discharged or can no longer arise.
13
Definition
14
(5) In this section:
15
the Commonwealth includes a category A hybrid-security issuer
16
company.
17
64 Before Part 4
18
Insert:
19
Part 3A--Transitional provisions relating to the
20
sale by the Commonwealth of its remaining
21
equity interest in Telstra
22
Division 1--Long service leave
23
9A Interpretation
24
(1) Unless the contrary intention appears, expressions used in this
25
Division that are also used in the Long Service Leave Act have the
26
same meanings in this Division as in that Act.
27
(2) In this Division:
28
Schedule 1 Amendments
Part 2 Amendments commencing on the designated day
28 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
combined service period, in relation to an employee, means the
1
total of:
2
(a) the period that was, immediately before the designated day,
3
the employee's period of service for the purposes of the Long
4
Service Leave Act; and
5
(b) the period starting on the designated day during which the
6
employee continues to be an employee of a Telstra body.
7
employee includes a person employed in a full-time or a part-time
8
capacity.
9
law means:
10
(a) a law of the Commonwealth, a State or a Territory; or
11
(b) regulations or any other instrument (other than an award,
12
determination or industrial agreement) made under such a law.
13
post-sale long service leave rights, in relation to an employee,
14
means any long service leave rights the employee acquires under an
15
award, determination, industrial agreement or law (other than this
16
Act) on or after the designated day in relation to service on or after
17
that day.
18
9B Long service leave for employees with less than 10 years service
19
(1) This section provides that, in certain circumstances, a Telstra body
20
may grant long service leave to an employee whose period of service
21
for the purposes of the Long Service Leave Act was less than 10
22
years.
23
(2) This section applies in relation to a person who was an employee of
24
Telstra immediately before the designated day if, at that time, the
25
employee's period of service for the purposes of the Long Service
26
Leave Act was less than 10 years.
27
(3) This section does not apply in relation to an employee who dies
28
while in the employment of a Telstra body. Section 9D applies to
29
such employees.
30
(4) If the employee continues to be employed by a Telstra body on and
31
after the designated day until his or her combined service period is
32
at least 10 years, the Telstra body may grant the employee long
33
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 29
service leave on full salary for a period of up to the employee's long
1
service leave credit under subsection 9E(1).
2
(5) If:
3
(a) the employee ceases to be an employee of a Telstra body, on
4
or after reaching the minimum retirement age, or because of
5
retrenchment; and
6
(b) the employee's combined service period at the time when he or
7
she ceases to be an employee of the Telstra body is at least
8
one year;
9
the Telstra body may grant the employee long service leave on full
10
salary for a period of up to the employee's long service leave credit
11
under subsection 9E(1).
12
(6) If a period of long service leave may be granted to an employee
13
under subsection (4) or (5), the Telstra body may, if the employee
14
asks in writing, grant the employee long service leave on half salary
15
for a period that is not more than twice the first-mentioned period.
16
(7) Long service leave granted in the circumstances set out in
17
subsection (5) is to be taken so as to end immediately before the
18
employee ceases to be an employee.
19
(8) For the purposes of this section, the rate of salary to be used in
20
working out the full salary of an employee is the rate that would be
21
applicable to the employee under section 20 of the Long Service
22
Leave Act if:
23
(a) that section applied to the employee; and
24
(b) for the expression "section 16 or 17" in that section there were
25
substituted the expression "section 9C of the Telstra
26
Corporation Act 1991".
27
9C Payments in lieu of long service leave for employees with less
28
than 10 years service
29
(1) This section provides that, in certain circumstances, a Telstra body
30
must pay an amount in respect of long service leave to an employee
31
who has not used all of his or her long service leave credit by taking
32
long service leave under section 9B.
33
Schedule 1 Amendments
Part 2 Amendments commencing on the designated day
30 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
(2) This section applies in relation to a person who was an employee of
1
Telstra immediately before the designated day if, at that time, the
2
employee's period of service for the purposes of the Long Service
3
Leave Act was less than 10 years.
4
(3) This section does not apply in relation to an employee who dies
5
while in the employment of a Telstra body. Section 9D applies to
6
such employees.
7
(4) Subject to subsection (7), if the employee ceases to be an employee
8
of a Telstra body on or after the day on which his or her combined
9
service period reaches 10 years, the Telstra body must pay him or
10
her an amount equal to full salary in respect of his or her long
11
service leave credit under subsection 9E(2).
12
(5) Subject to subsection (7), if:
13
(a) the employee ceases to be an employee of a Telstra body, on
14
or after reaching the minimum retiring age, or because of
15
retrenchment; and
16
(b) the employee's combined service period at the time when he or
17
she ceases to be an employee of the Telstra body is at least
18
one year;
19
the Telstra body must pay him or her an amount equal to full salary
20
in respect of his or her long service leave credit under subsection
21
9E(2).
22
(6) Subject to subsection (7), if:
23
(a) the employee ceases to be an employee of a Telstra body; and
24
(b) the Telstra body is satisfied that the employee left the Telstra
25
body because of ill-health that justified his or her so leaving;
26
and
27
(c) when the employee left, his or her combined service period
28
was at least one year;
29
the Telstra body must pay him or her an amount equal to full salary
30
in respect of his or her long service leave credit under subsection
31
9E(2).
32
(7) An employee may, by written notice given to a Telstra body before
33
the employee ceases to be an employee of the Telstra body:
34
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 31
(a) request the Telstra body not to make a payment to the
1
employee under this section; or
2
(b) request the Telstra body to make a payment under
3
subsection (4), (5) or (6) of a stated amount that is less than
4
the amount that would otherwise be payable under that
5
subsection.
6
(8) The Telstra body must comply with a request made under
7
subsection (7).
8
(9) For the purposes of this section, the rate of salary to be used in
9
working out the full salary of an employee is the rate that would be
10
applicable to the employee under section 21 of the Long Service
11
Leave Act if:
12
(a) that section applied to the employee; and
13
(b) for the expression "sections 16 and 17" in that section there
14
were substituted the expression "section 9C of the Telstra
15
Corporation Act 1991".
16
9D Payments on the death of an employee
17
(1) This section applies in relation to a person who was an employee of
18
Telstra immediately before the designated day if, at that time, the
19
employee's period of service for the purposes of the Long Service
20
Leave Act was less than 10 years.
21
(2) If, on or after the designated day, the employee dies and,
22
immediately before his or her death:
23
(a) the employee was an employee of a Telstra body; and
24
(b) the employee's combined service period was at least one year;
25
and
26
(c) the employee had one or more dependants;
27
the Telstra body must make a payment to a dependant, or to 2 or
28
more dependants, of the employee.
29
(3) The total amount of the payment or payments is the amount that
30
would have been payable to the employee under section 9C if, on
31
the day of his or her death, the employee had ceased to be an
32
employee of the Telstra body on or after reaching the minimum
33
retiring age.
34
Schedule 1 Amendments
Part 2 Amendments commencing on the designated day
32 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
(4) If subsection (2) applies, section 23 of the Long Service Leave Act
1
has effect as if:
2
(a) that section applied to an employee of a Telstra body; and
3
(b) a reference in that section to the approving authority were a
4
reference to the Telstra body; and
5
(c) for the expression "this Act" in that section there were
6
substituted the expression "section 9D of the Telstra
7
Corporation Act 1991"; and
8
(d) for the expression "subsection 16(7) or 17(5)" in that section
9
there were substituted the expression "section 9D of the
10
Telstra Corporation Act 1991".
11
9E Employee's long service leave credit for the purposes of
12
sections 9B and 9C
13
(1) For the purposes of section 9B, an employee's long service leave
14
credit is equal to the long service leave credit that the employee
15
would have under the Long Service Leave Act for the period:
16
(a) starting when the employee started his or her period of
17
service; and
18
(b) ending on the designated day;
19
if the employee had been retrenched on the designated day.
20
(2) For the purposes of section 9C, an employee's long service leave
21
credit is the employee's long service leave credit worked out under
22
subsection (1) of this section reduced by any long service leave
23
credit used under section 9B.
24
9F Division not to affect an employee's post-sale long service leave
25
rights
26
To avoid doubt, this Division does not affect an employee's
27
post-sale long service leave rights.
28
9G Saving--Long Service Leave Act
29
If, immediately before the designated day, the period of service
30
under the Long Service Leave Act of an employee of Telstra was at
31
least 10 years, then:
32
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 33
(a) the employee's accrued rights under the Long Service Leave
1
Act continue; and
2
(b) the Long Service Leave Act has effect on and after the
3
designated day in relation to the employee as if Telstra were
4
an approving authority for the purposes of that Act.
5
Division 2--Operation of the Safety, Rehabilitation and
6
Compensation Act 1988
7
9H Operation of section 128A of the SRC Act
8
On and after the designated day, section 128A of the SRC Act
9
continues to apply to Telstra as if Telstra were still a prescribed
10
Commonwealth authority for the purposes of that section.
11
Division 3--Retirement benefits
12
9J Deferred benefits under the Defence Force Retirement and Death
13
Benefits Act 1973
14
(1) This section applies if, immediately before the designated day, an
15
employee of a Telstra body was a person to whom deferred benefits
16
were applicable under section 78 of the Defence Force Retirement
17
and Death Benefits Act 1973.
18
(2) For the purposes of Division 3 of Part IX of the Defence Force
19
Retirement and Death Benefits Act 1973, the employee is taken to
20
continue in public employment, on and after the designated day,
21
while the employee continues to be employed by a Telstra body.
22
(3) This section is subject to Division 3 of Part IX of the Defence
23
Force Retirement and Death Benefits Act 1973.
24
9K Period of eligible employment for the purposes of Division 3 of
25
Part IX of the Defence Force Retirement and Death
26
Benefits Act 1973
27
(1) This section applies if, immediately before the designated day, a
28
particular period of employment of a person by a Telstra body was
29
a period of eligible employment for the purposes of Division 3 of
30
Schedule 1 Amendments
Part 2 Amendments commencing on the designated day
34 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
Part IX of the Defence Force Retirement and Death Benefits Act
1
1973.
2
(2) If employment by the Telstra body ceases to be eligible employment
3
for the purposes of Division 3 of Part IX of the Defence Force
4
Retirement and Death Benefits Act 1973 on the designated day,
5
then, despite that cessation, the period of employment continues to
6
be a period of eligible employment for the purposes of that Division.
7
9L Application of the Superannuation Act 1976
8
If an employee of a Telstra body was an eligible employee for the
9
purposes of the Superannuation Act 1976 immediately before the
10
designated day, the employee is taken to have ceased to be an
11
eligible employee for the purposes of that Act on the designated day.
12
Division 4--Other transitional and saving provisions
13
9M Telstra employees not on maternity leave immediately before the
14
designated day
15
(1) This section applies if:
16
(a) immediately before the designated day, a woman was an
17
employee of Telstra; and
18
(b) within 12 months after the designated day, the woman would
19
have been entitled to begin leave granted under the Maternity
20
Leave Act if Telstra had continued to be a prescribed
21
authority for the purposes of that Act.
22
(2) On and after the designated day, the Maternity Leave Act continues
23
to apply to the woman in relation to the confinement in respect of
24
which she would have been entitled to leave as if Telstra continued
25
to be a prescribed authority for the purposes of that Act.
26
9N Telstra employees on maternity leave on the designated day
27
(1) This section applies if:
28
(a) immediately before the designated day, a woman was an
29
employee of Telstra; and
30
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 35
(b) on the designated day, the woman is on leave granted under
1
the Maternity Leave Act.
2
(2) On and after the designated day, the Maternity Leave Act continues
3
to apply to the woman in relation to the confinement in respect of
4
which the leave was granted as if Telstra continued to be a
5
prescribed authority for the purposes of that Act.
6
9P Saving--Crimes (Superannuation Benefits) Act 1989
7
(1) Subject to this section, if a person who was an employee of a
8
Telstra body before the designated day committed a corruption
9
offence while such an employee, then, on and after the designated
10
day, the Crimes (Superannuation Benefits) Act 1989 continues to
11
apply in relation to the person in respect of the offence as if the
12
Telstra body continued to be a Commonwealth authority.
13
(2) A superannuation order may not be made under the Crimes
14
(Superannuation Benefits) Act 1989 in relation to employer
15
contributions or benefits paid or payable to a superannuation
16
scheme by a Telstra body on or after the designated day.
17
(3) A superannuation scheme in relation to which employer
18
contributions or benefits are paid or payable by a Telstra body is
19
not a superannuation scheme for the purposes of the Crimes
20
(Superannuation Benefits) Act 1989 in respect of a corruption
21
offence committed by a person on or after the designated day.
22
(4) Despite paragraph 19(3)(d) of the Crimes (Superannuation
23
Benefits) Act 1989, an order under that paragraph may only order
24
that an amount be paid to the Commonwealth.
25
(5) If:
26
(a) a person who was an employee of Telstra before the
27
designated day committed a corruption offence while such an
28
employee; and
29
(b) the person was paid benefits before, on or after that day out of
30
the Consolidated Revenue Fund;
31
then, despite paragraph 19(4)(b) of the Crimes (Superannuation
32
Benefits) Act 1989, an order under that paragraph may only order
33
that an amount be paid to the Commonwealth.
34
Schedule 1 Amendments
Part 2 Amendments commencing on the designated day
36 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
(6) Unless the contrary intention appears, expressions used in this
1
section that are also used in the Crimes (Superannuation Benefits)
2
Act 1989 have the same meanings in this section as in that Act.
3
9Q Saving--Director of Public Prosecutions Act 1983
4
Even though the Director of Public Prosecutions Act 1983 ceases
5
to apply to certain acts, omissions or proceedings in connection with
6
a Telstra body because the Telstra body ceases to be an authority of
7
the Commonwealth for the purposes of that Act, that Act continues
8
on and after the designated day to apply in relation to:
9
(a) acts or omissions in connection with a Telstra body that
10
occurred before the designated day; and
11
(b) the taking of civil remedies connected with or arising out of a
12
prosecution that relates to acts or omissions referred to in
13
paragraph (a).
14
9R Refund of part of fee paid under section 104A of the SRC Act
15
(1) If:
16
(a) Telstra has paid a licence fee under section 104A of the SRC
17
Act; and
18
(b) part of the fee is attributable to the application of paragraph
19
104A(2)(b) of that Act to the relevant period in which the
20
designated day occurs;
21
Comcare must pay Telstra the amount worked out using the
22
following formula:
23
Number of refund days
Applicable part of the fee
365
24
where:
25
applicable part of the fee means the part of the fee mentioned in
26
paragraph (b).
27
number of refund days means the total number of days in the
28
period beginning on the designated day and ending on the last day of
29
the relevant period in which the designated day occurs.
30
(2) In this section:
31
Amendments Schedule 1
Amendments commencing on the designated day Part 2
Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005 37
relevant period has the same meaning as in section 104A of the
1
SRC Act.
2
65 Before subsection 36(3)
3
Insert:
4
(1) The Auditor-General may, by written notice given to Telstra, resign
5
as auditor of Telstra.
6
(2) Subsections (3), (3A) and (4) are repealed at whichever is the earlier
7
of the following times:
8
(a) the time when the Auditor-General resigns in accordance with
9
subsection (1);
10
(b) the end of the first annual general meeting of Telstra held after
11
the designated day.
12
(2A) Even if subsections (3), (3A) and (4) remain in effect until the end
13
of the first annual general meeting of Telstra held after the
14
designated day, a replacement auditor may be appointed at the
15
meeting, in accordance with the Corporations Act 2001, as if a
16
vacancy in the office of auditor had arisen at the start of the
17
meeting.
18
Schedule 1 Amendments
Part 3 Amendments commencing on the 85% sale day
38 Telstra (Transition to Full Private Ownership) Bill 2005 No. , 2005
1
Part 3--Amendments commencing on the 85% sale
2
day
3
Telstra Corporation Act 1991
4
66 Section 8AA
5
Omit:
6
·
This Part imposes reporting obligations on Telstra.
7
67 Division 3 of Part 2
8
Repeal the Division.
9
68 Subsection 8AW(1)
10
Omit "Division 3 or", substitute "repealed Division 3 or under".
11
69 Paragraph 8AX(1)(a)
12
Omit "Division 3 or", substitute "repealed Division 3 or under".
13
70 Subsection 8AY(1)
14
Omit "Division 3 or", substitute "repealed Division 3 or under".
15
71 Section 8AYA
16
Repeal the section.
17
72 Part 3
18
Repeal the Part.
19

 

[Index] [Search] [Download] [Related Items] [Help]