(1)

Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same meanings in this Division as in that Act.

(2)

In this Division:

(1)

This section provides that, in certain circumstances, a Telstra body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.

(2)

This section applies in relation to a person who was an employee of Telstra immediately before the designated day if, at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.

(3)

This section does not apply in relation to an employee who dies while in the employment of a Telstra body. Section 9D applies to such employees.

(4)

If the employee continues to be employed by a Telstra body on and after the designated day until his or her combined service period is at least 10 years, the Telstra body may grant the employee long service leave on full salary for a period of up to the employee's long service leave credit under subsection 9E(1).

(5)

If:

(a) the employee ceases to be an employee of a Telstra body, on or after reaching the minimum retirement age, or because of retrenchment; and
(b) the employee's combined service period at the time when he or she ceases to be an employee of the Telstra body is at least one year;

the Telstra body may grant the employee long service leave on full salary for a period of up to the employee's long service leave credit under subsection 9E(1).

(6)

If a period of long service leave may be granted to an employee under subsection (4) or (5), the Telstra body may, if the employee asks in writing, grant the employee long service leave on half salary for a period that is not more than twice the first-mentioned period.

(7)

Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee ceases to be an employee.

(8)

For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act if:

(a) that section applied to the employee; and
(b) for the expression "section 16 or 17" in that section there were substituted the expression " section 9C of the Telstra Corporation Act 1991 ".

(1)

This section provides that, in certain circumstances, a Telstra body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 9B.

(2)

This section applies in relation to a person who was an employee of Telstra immediately before the designated day if, at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.

(3)

This section does not apply in relation to an employee who dies while in the employment of a Telstra body. Section 9D applies to such employees.

(4)

Subject to subsection (7), if the employee ceases to be an employee of a Telstra body on or after the day on which his or her combined service period reaches 10 years, the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).

(5)

Subject to subsection (7), if:

(a) the employee ceases to be an employee of a Telstra body, on or after reaching the minimum retiring age, or because of retrenchment; and
(b) the employee's combined service period at the time when he or she ceases to be an employee of the Telstra body is at least one year;

the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).

(6)

Subject to subsection (7), if:

(a) the employee ceases to be an employee of a Telstra body; and
(b) the Telstra body is satisfied that the employee left the Telstra body because of ill-health that justified his or her so leaving; and
(c) when the employee left, his or her combined service period was at least one year;

the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 9E(2).

(7)

An employee may, by written notice given to a Telstra body before the employee ceases to be an employee of the Telstra body:

(a) request the Telstra body not to make a payment to the employee under this section; or
(b) request the Telstra body to make a payment under subsection (4), (5) or (6) of a stated amount that is less than the amount that would otherwise be payable under that subsection.

(8)

The Telstra body must comply with a request made under subsection (7).

(9)

For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:

(a) that section applied to the employee; and
(b) for the expression "sections 16 and 17" in that section there were substituted the expression " section 9C of the Telstra Corporation Act 1991 ".

(1)

This section applies in relation to a person who was an employee of Telstra immediately before the designated day if, at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.

(2)

If, on or after the designated day, the employee dies and, immediately before his or her death:

(a) the employee was an employee of a Telstra body; and
(b) the employee's combined service period was at least one year; and
(c) the employee had one or more dependants;

the Telstra body must make a payment to a dependant, or to 2 or more dependants, of the employee.

(3)

The total amount of the payment or payments is the amount that would have been payable to the employee under section 9C if, on the day of his or her death, the employee had ceased to be an employee of the Telstra body on or after reaching the minimum retiring age.

(4)

If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:

(a) that section applied to an employee of a Telstra body; and
(b) a reference in that section to the approving authority were a reference to the Telstra body; and
(c) for the expression "this Act" in that section there were substituted the expression " section 9D of the Telstra Corporation Act 1991 "; and
(d) for the expression "subsection 16(7) or 17(5)" in that section there were substituted the expression " section 9D of the Telstra Corporation Act 1991 ".

(1)

For the purposes of section 9B, an employee's long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:

(a) starting when the employee started his or her period of service; and
(b) ending on the designated day;

if the employee had been retrenched on the designated day.

(2)

For the purposes of section 9C, an employee's long service leave credit is the employee's long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 9B.

To avoid doubt, this Division does not affect an employee's post-sale long service leave rights.

If, immediately before the designated day, the period of service under the Long Service Leave Act of an employee of Telstra was at least 10 years, then:

(a) the employee's accrued rights under the Long Service Leave Act continue; and
(b) the Long Service Leave Act has effect on and after the designated day in relation to the employee as if Telstra were an approving authority for the purposes of that Act.

On and after the designated day, section 128A of the SRC Act continues to apply to Telstra as if Telstra were still a prescribed Commonwealth authority for the purposes of that section.

(1)

This section applies if, immediately before the designated day, an employee of a Telstra body was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973 .

(2)

For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , the employee is taken to continue in public employment, on and after the designated day, while the employee continues to be employed by a Telstra body.

(3)

This section is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .

(1)

This section applies if, immediately before the designated day, a particular period of employment of a person by a Telstra body was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .

(2)

If employment by the Telstra body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 on the designated day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.

If an employee of a Telstra body was an eligible employee for the purposes of the Superannuation Act 1976 immediately before the designated day, the employee is taken to have ceased to be an eligible employee for the purposes of that Act on the designated day.

(1)

This section applies if:

(a) immediately before the designated day, a woman was an employee of Telstra; and
(b) within 12 months after the designated day, the woman would have been entitled to begin leave granted under the Maternity Leave Act if Telstra had continued to be a prescribed authority for the purposes of that Act.

(2)

On and after the designated day, the Maternity Leave Act continues to apply to the woman in relation to the confinement in respect of which she would have been entitled to leave as if Telstra continued to be a prescribed authority for the purposes of that Act.

(1)

This section applies if:

(a) immediately before the designated day, a woman was an employee of Telstra; and
(b) on the designated day, the woman is on leave granted under the Maternity Leave Act.

(2)

On and after the designated day, the Maternity Leave Act continues to apply to the woman in relation to the confinement in respect of which the leave was granted as if Telstra continued to be a prescribed authority for the purposes of that Act.

(1)

Subject to this section, if a person who was an employee of a Telstra body before the designated day committed a corruption offence while such an employee, then, on and after the designated day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the Telstra body continued to be a Commonwealth authority.

(2)

A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by a Telstra body on or after the designated day.

(3)

A superannuation scheme in relation to which employer contributions or benefits are paid or payable by a Telstra body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person on or after the designated day.

(4)

Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989 , an order under that paragraph may only order that an amount be paid to the Commonwealth.

(5)

If:

(a) a person who was an employee of Telstra before the designated day committed a corruption offence while such an employee; and
(b) the person was paid benefits before, on or after that day out of the Consolidated Revenue Fund;

then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989 , an order under that paragraph may only order that an amount be paid to the Commonwealth.

(6)

Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same meanings in this section as in that Act .

Even though the Director of Public Prosecutions Act 1983 ceases to apply to certain acts, omissions or proceedings in connection with a Telstra body because the Telstra body ceases to be an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the designated day to apply in relation to:

(a) acts or omissions in connection with a Telstra body that occurred before the designated day; and
(b) the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).

(1)

If:

(a) Telstra has paid a licence fee under section 104A of the SRC Act; and
(b) part of the fee is attributable to the application of paragraph 104A(2)(b) of that Act to the relevant period in which the designated day occurs;

Comcare must pay Telstra the amount worked out using the following formula:

where:

Insert:

(1)

The Auditor-General may, by written notice given to Telstra, resign as auditor of Telstra.

(2)

Subsections (3), (3A) and (4) are repealed at whichever is the earlier of the following times:

(a) the time when the Auditor-General resigns in accordance with subsection (1);
(b) the end of the first annual general meeting of Telstra held after the designated day.

(2A)

Even if subsections (3), (3A) and (4) remain in effect until the end of the first annual general meeting of Telstra held after the designated day, a replacement auditor may be appointed at the meeting, in accordance with the Corporations Act 2001 , as if a vacancy in the office of auditor had arisen at the start of the meeting.