Commonwealth Numbered Acts

TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1997 No. 59 of 1997 - SCHEDULE 3

Schedule 3-Amendments consequential on the enactment of the
Commonwealth Authorities and Companies Act 1997
Australian Communications Authority Act 1997 1 Section 10
Repeal the section. 2 Section 11
Repeal the section. 3 At the end of section 12
Add:

(3) The ACA must perform its functions in a manner consistent with any
directions given by the Minister under subsection (1).

(4) This section does not affect the application of section 28 of the
Commonwealth Authorities and Companies Act 1997 in relation to the ACA. 4 At
the end of subsection 15(1)
Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the
ACA. That Act deals with matters relating to Commonwealth authorities,
including reporting and accountability, banking and investment and conduct of
officers. 5 At the end of section 19
Add:

(6) Except as expressly provided by this Act, an associate member is taken not
to be a director of the ACA for the purposes of the
Commonwealth Authorities and Companies Act 1997. 6 Section 30
Repeal the section, substitute: 30 Disclosure of interests-associate members
taken to be directors
For the purposes of section 21 of the Commonwealth Authorities and  Companies
Act 1997 (which deals with disclosure of interests), an associate member is
taken to be a director of the ACA. 7 Paragraph 37(4)(d)
Repeal the paragraph, substitute:

   (d)  a member or associate member fails, without reasonable excuse, to
        comply with section 21 of the Commonwealth Authorities and  Companies
        Act 1997 (in so far as that section relates to the ACA); 8
        Subsection 37(6)
Omit "section 63H of the Audit Act 1901", substitute " section 9 of the
Commonwealth Authorities and Companies Act 1997". 9 At the end of section 37
Add:

(7) If the Minister is of the opinion that the members have failed to comply
with any of the following provisions (in so far as those provisions relate to
the ACA):

   (a)  subsection 13(2) or 15(1) of the Commonwealth Authorities and 
        Companies Act 1997 ;

   (b)  paragraph 16(1)(a) or (b) of the Commonwealth Authorities and 
        Companies Act 1997 ; the Governor-General may terminate the
        appointment of all members or particular members. 10 Subsection 40(3)
Repeal the subsection. 11 Subsection 44(2)
Repeal the subsection, substitute:

(2) Subsection (1) does not prevent the investment of surplus money of the ACA
under section 18 of the Commonwealth Authorities and  Companies Act 1997 . 12
Section 45
Repeal the section. 13 Subsection 50(1)
Omit "section 63H of the Audit Act 1901", substitute " section 9 of the
Commonwealth Authorities and Companies Act 1997". 14 Paragraph 50(2)(a)
Omit " section 11", substitute " section 28 of the Commonwealth  Authorities
and Companies Act 1997 ". 15 Paragraph 55(1)(a)
Omit " section 11", substitute " section 28 of the Commonwealth  Authorities
and Companies Act 1997 ".