Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"ACMA" means the Australian Communications and Media Authority.
"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"authorised person" means:
(a) the Minister; or
(b) a person who:
(i) is authorised by the Minister, in writing, for the purposes of the provision in which the expression is used; and
(ii) when the authorisation was given, was, in the Minister's opinion, suitably qualified, because of the person's abilities and experience, to perform the functions of an authorised person within the meaning of that provision.
"Board" means the board of directors of Telstra.
"category A hybrid-security issuer company" means a hybrid - security issuer company other than a category B hybrid - security issuer company.
"category B hybrid-security issuer company" has the meaning given by subsection 8AJ(6B).
"constitution" , in relation to Telstra, has the same meaning as in the Corporations Act 2001 .
"designated day" means 24 November 2006.
"employee" includes apprentice.
"entity" means:
(a) Telecom; or
(b) OTC; or
(c) a group company.
"exempt matter" means:
(a) the operation of Part 4; or
(b) giving effect to Part 4; or
(c) making arrangements to achieve, in relation to a set of merging entities (other than Telecom and OTC) and the merged entity in relation to that set, a result that, for commercial purposes, is to a substantial degree similar or analogous to a result achieved, in relation to Telecom, OTC and Telstra, by:
(i) the operation of Part 4; or
(ii) giving effect to Part 4;
for example (but without limitation), arrangements for:
(iii) some or all property or rights of the merging entities to become property or rights of the merged entity; or
(iv) the merged entity to otherwise get the benefit of some or all property or rights of the merging entities; or
(v) some or all liabilities of the merging entities to become liabilities of the merged entity; or
(vi) the merged entity to otherwise become responsible for some or all liabilities of the merging entities; or
(vii) the merged entity to become the successor in law, or the commercial successor, of the merging entities.
"Federal Court" means the Federal Court of Australia.
"Finance Department" means the Department administered by the Minister for Finance.
"former telecommunications corporation" or former corporation means OTC or Telecom.
"Future Fund" means the Future Fund established by a law of the Commonwealth.
"group company" means:
(a) Telstra; or
(b) a wholly - owned subsidiary of Telstra.
"hybrid-security issuer company" has the meaning given by section 8AJ.
"instrument" includes a document and an oral agreement.
"interest" , in relation to land, means:
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in relation to, the land.
"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective, and wherever arising.
"Long Service Leave Act" means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the LSL changeover day.
"LSL changeover day" means the day item 4 of Schedule 1A to the Long Service Leave (Commonwealth Employees) Regulations 1957 is repealed or otherwise ceases to have effect.
"Maternity Leave Act" means the Maternity Leave (Commonwealth Employees) Act 1973 as in force immediately before the designated day.
"merged entity" , in relation to a set of merging entities, has the meaning given by section 3A.
"merger day" , in relation to a set of merging entities and the merged entity in relation to that set, has the meaning given by section 3A.
"merging entities" has the meaning given by section 3A.
"Minister for Finance" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"minority-interest sale time" means the first time after the commencement of Part 2A when a person other than the Commonwealth becomes the legal owner of any of the voting shares in Telstra.
"OTC" means OTC Limited.
"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description.
"protected body" means a group company that is a trading corporation, or a financial corporation, within the meaning of paragraph 51(xx) of the Constitution.
"protected business name" means any of the following names:
(a) "AOTC";
(b) "OTC";
(c) "OTC Australia";
(d) "OTC International";
(e) "OTCI";
(f) "Australian and Overseas Telecommunications";
(g) "Overseas Telecommunications";
(h) "Australian and Overseas Telecommunications Corporation";
(i) "Overseas Telecommunications Corporation".
"protected company name" means any of the following names:
(a) "Australian and Overseas Telecommunications Corporation Limited";
(b) "AOTC Limited";
(c) "Overseas Telecommunications Corporation Limited";
(d) "OTC Limited";
(e) "OTC International Limited".
"protected name" means a protected business name or a protected company name.
"protection time" , in relation to a protected name, means the time immediately before:
(a) in the case of "AOTC", "Australian and Overseas Telecommunications", "Australian and Overseas Telecommunications Corporation", "Australian and Overseas Telecommunications Corporation Limited" and "AOTC Limited"--the succession day; or
(b) in the case of "OTC" and "OTC Australia"--5 February 1979; or
(c) in the case of "OTC International", "OTCI" and "OTC International Limited"--10 December 1987; or
(d) in any other case--1 April 1989.
"rights" (except in Parts 2, 2A and 2B and the Schedule) means all rights, powers, privileges and immunities, whether actual, contingent or prospective, whether statutory or otherwise, and wherever arising.
"sale-scheme hybrid security" has the meaning given by section 8AJA.
"sale-scheme trust deed" has the meaning given by section 8AJ.
"sale-scheme trustee" has the meaning given by section 8AJ.
"SRC Act" means the Safety, Rehabilitation and Compensation Act 1988 .
"subsidiary" has the meaning given by section 5.
"succession day" means the day fixed under subsection 2(1).
"tax" includes:
(a) sales tax; and
(b) fees payable under the Corporations (Fees) Regulations; and
(c) stamp duty; and
(d) any other tax, fee, duty, levy or charge;
but, except for the purposes of section 28, does not include income tax imposed as such by a law of the Commonwealth.
"Telecom" means the Australian Telecommunications Corporation referred to in the Australian Telecommunications Corporation Act 1989 .
"Telstra" means the company that:
(a) was incorporated under the Corporations Law of the Australian Capital Territory by the name Australian and Overseas Telecommunications Corporation Limited; and
(b) changed its name under the Corporations Law of the Australian Capital Territory to Telstra Corporation Limited on 13 April 1993;
as the company exists from time to time (even if its name is later changed).
"Telstra body" :
(a) in Divisions 1, 2 and 3 of Part 3A--has the meaning given by subsection 3B(1); and
(b) in the remaining provisions of this Act--has the meaning given by subsection 3B(2).
"Telstra sale scheme" has the meaning given by section 8AJ.
"Telstra subsidiary" means a body corporate that is a subsidiary of Telstra.
"Telstra successor company" : see section 581F of the Telecommunications Act 1997 .
"transferred employee" means a person who, under section 39, is taken to have been engaged as an employee by Telstra.
"transitional protection period" means the period of 3 months commencing on the succession day.
"unacceptable foreign-ownership situation" has the meaning given by section 8BG.
"voting shares" has the same meaning as in the Corporations Act 2001 .
"wholly-owned subsidiary" , in relation to a body corporate (in this definition called the holding body ), means a body corporate:
(a) that is a subsidiary of the holding body; and
(b) none of whose members is a person other than:
(i) the holding body; or
(ii) a body corporate that is, under any other application or applications of this definition, a wholly - owned subsidiary of the holding body; or
(iii) a nominee of the holding body or of a body of a kind referred to in subparagraph (ii); and
(c) no share in which is beneficially owned by a person other than:
(i) the holding body; or
(ii) a body of a kind referred to in subparagraph (b)(ii).
Note: The Schedule sets out definitions of expressions used in Part 2A (which deals with ownership restrictions).