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TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1997 - SECT 84

BCS tariff to continue to apply

  (1)   This section applies to a BCS tariff of a person that was in force immediately before 1   July 1997.

  (2)   Part   23 of the Telecommunications Act 1997 has effect, during the transitional period, as if:

  (a)   the BCS tariff were a standard form of agreement that had been formulated by the person for the purposes of section   479 of that Act at the beginning of 1   July 1997; and

  (b)   a reference in subsection   479(1) of that Act to a standard telephone service included a reference to each of the goods and services that were dealt with, or purportedly dealt with, in the BCS tariff.

  (3)   Part   23 of the Telecommunications Act 1997 has effect in relation to Telstra, during the transitional period, as if a reference in subsection   479(1) of that Act to a standard telephone service included a reference to:

  (a)   a carriage service that Telstra began to supply during the transitional period; and

  (b)   ancillary goods that Telstra began to supply during the transitional period; and

  (c)   an ancillary service that Telstra began to supply during the transitional period.

  (4)   Subsection   ( 3) does not limit the application of subsection   ( 2) to Telstra.

  (5)   Subsection   ( 2) does not prevent the standard form of agreement referred to in that subsection from being varied or revoked.

  (6)   The person is not required by section   481 of the Telecommunications Act 1997 to give the ACA a copy of the agreement referred to in subsection   ( 2).

  (7)   For the purposes of the application of this section to a particular BCS tariff, the transitional period is the period:

  (a)   beginning on 1   July 1997; and

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

  (i)   the end of 31   December 1997;

  (ii)   the time when the standard form of agreement corresponding to the tariff is revoked.

  (8)   In this section:

"ACA" means the Australian Communications Authority.

"ancillary goods" means goods for use in connection with a carriage service.

"ancillary service" means a service for use in connection with a carriage service.

"BCS tariff" has the same meaning as in the Telecommunications Act 1991 , as in force before 1   July 1997.

"carriage service" has the same meaning as in the Telecommunications Act 1997 .

"Telstra" has the same meaning as in the Telstra Corporation Act 1991 .



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