Commonwealth Numbered Acts

AUSSAT REPEAL ACT 1991 No. 145 of 1991 - SCHEDULE 2

                       SCHEDULE 2                      Section 13

AMENDMENTS OF TELECOMMUNICATIONS LEGISLATION
Australian and Overseas Telecommunications Corporation Act 1991 Subparagraph
22(3)(c)(ii):
Omit "determination", substitute "alteration".
Telecommunications Act 1991 Section 44:
Omit "42", substitute "43". Section 46:
Omit "and 42 (technical regulation)", substitute ", 42 (technical regulation)
and 43 (administering universal service levy)". Section 293:
Add at the end:

"(2) Despite subsection (1), a carrier that, because of a declaration under
subsection 290(1) or (2), is a universal service carrier in relation to the
financial year beginning on 1 July 1991 must give to AUSTEL a notice of the
kind referred to in subsection (1) of this section within 60 days after the
later of:

   (a)  the commencement of this subsection; and

   (b)  notification of the declaration in the Gazette.". Section 355(4):
Omit "or AUSTEL". After section 406:
Add: Instrument under this Act may provide for matters by reference to any
other instrument

"407.(1) In this section: `instrument under this Act' means the regulations or
any other instrument made under this Act.

"(2) An instrument under this Act may make provision in relation to a matter
by applying, adopting or incorporating (with or without modifications)
provisions of any Act, or of any regulations or rules under an Act, as in
force at a particular time or as in force from time to time.

"(3) An instrument under this Act may make provision in relation to a matter
by applying, adopting or incorporating (with or without modifications) matter
contained in any other instrument or writing whatever:

   (a)  as in force or existing at a particular time; or

   (b)  as in force or existing from time to time; even if the other
        instrument or writing does not yet exist when the instrument under
        this Act is made.

"(4) A reference in subsection (3) to any other instrument or writing includes
a reference to an instrument or writing:

   (a)  made by any person or body in Australia or elsewhere (including, for
        example, the Commonwealth, a State or Territory, an officer or
        authority of the Commonwealth or of a State or Territory, or an
        overseas entity); and

   (b)  whether of a legislative, administrative or other official nature, or
        of any other nature; and

   (c)  whether or not having any legal force or effect; for example:

   (d)  a State Act, a law of a Territory, or regulations or any other
        instrument made under such an Act or law; or

   (e)  an international technical standard or performance indicator; or

   (f)  a written agreement or arrangement or an instrument or writing made
        unilaterally.

"(5) Nothing in this section limits the generality of anything else in it.

"(6) Since this section deals differently with the topic dealt with by section
49A of the Acts Interpretation Act 1901, that section does not apply in
relation to an instrument under this Act.".
NOTE ABOUT SECTION HEADING 1. On the commencement of section 9 of this Act,
the heading to section 6C of the Broadcasting Act 1942 is altered by omitting
"AUSSAT".