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TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1997 No. 59 of 1997 - SECT 84

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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