Commonwealth Numbered Acts

TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1997 No. 59 of 1997 - SECT 63

(1) This section applies to a person if:

   (a)  the person was a carrier (within the meaning of the
        Telecommunications Act 1991 (the 1991 Act)) immediately before 1 July
        1997; and

   (b)  a chart of accounts or cost allocation manual was binding on the
        person under the 1991 Act immediately before 1 July 1997.

(2) Despite the repeal of the 1991 Act by this Act, the COACAM provisions of
the 1991 Act continue to apply, in relation to the person, during the interim
period, as if:

   (a)  the COACAM provisions had not been repealed; and

   (b)  each reference in the COACAM provisions to AUSTEL were a reference to
        the ACCC; and

   (c)  each reference in the COACAM provisions to a carrier (within the
        meaning of the 1991 Act) were a reference to a carrier (within the
        meaning of the Telecommunications Act 1997).

(3) Anything done by AUSTEL in relation to the person under the COACAM
provisions before the interim period, has effect, during the interim period,
as if the thing had been done by the ACCC.

(4) Part 1 of Schedule 1 to the Telecommunications Act 1997 has effect, in
relation to the person, during the interim period, as if the COACAM provisions
were sections of the Telecommunications Act  1997 .

(5) The powers conferred by subsection 80(2) and section 82 of the 1991 Act
must not be exercised in relation to the person during the interim period.

(6) In this section:
ACCC means the Australian Competition and Consumer Commission.
AUSTEL means the Australian Telecommunications Authority.
COACAM provisions means:

   (a)  sections 80, 81, 82 and 83 of the 1991 Act; and

   (b)  sections 85 and 87 of the 1991 Act, in so far as they relate to
        section 83 of the 1991 Act.
interim period means the period:

   (a)  beginning on 1 July 1997; and

   (b)  ending on the first occasion when rules are made by the ACCC under
        section 151BU of the Trade Practices Act 1974.