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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telstra
(Transition to Full Private Ownership) Bill
2003
No. ,
2004
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend the
Telstra Corporation Act 1991, and for other purposes
Contents
Part 1—Amendments commencing on Royal
Assent 4
Telecommunications Act
1997 4
Telstra Corporation Act
1991 4
Part 2—Amendments commencing on the designated
day 19
Archives
Regulations 19
Freedom of Information Act
1982 19
Freedom of Information (Miscellaneous Provisions)
Regulations 19
Long Service Leave (Commonwealth Employees) Regulations
1957 20
Maternity Leave (Commonwealth Employees)
Regulations 21
Occupational Health and Safety (Commonwealth Employment) Act
1991 21
Ombudsman Regulations
1977 21
Telstra Corporation Act
1991 22
Part 3—Amendments commencing on the 85% sale
day 35
Telstra Corporation Act
1991 35
A Bill for an Act to amend the Telstra Corporation Act
1991, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Telstra (Transition to Full Private
Ownership) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1, Part 1 |
The day on which this Act receives the Royal Assent |
|
|
3. Schedule 1, Part 2 |
The day declared under subsection (3) |
|
|
4. Schedule 1, Part 3 |
The day declared under subsection (6) |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Designated day
(3) If, in the opinion of the Minister, a particular day is the first day
after the commencement of Part 1 of Schedule 1 on which a majority of
the voting shares in Telstra are or were acquired by a person, or persons, other
than the Commonwealth, the Minister must, by written instrument, declare the day
to be the designated day for Telstra.
(4) The declaration has effect accordingly.
(5) A copy of the declaration must be published in the Gazette
within 21 days after the designated day.
85% sale day
(6) If, in the opinion of the Minister, a particular day is the first day
after the commencement of Part 1 of Schedule 1 on which 85% of the
voting shares in Telstra are or were acquired by a person, or persons, other
than the Commonwealth, the Minister must, by written instrument, declare the day
to be the 85% sale day for Telstra.
(7) The declaration has effect accordingly.
(8) A copy of the declaration must be published in the Gazette
within 21 days after the 85% sale day.
Definition
(9) In this section:
the Commonwealth includes the hybrid-security issuer
company.
(1) Each Act, and each regulation, that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
(2) The amendment of any regulation under subsection (1) does not
prevent the regulation, as so amended, from being amended or repealed by the
Governor-General.
Part 1—Amendments
commencing on Royal Assent
1 After section 65
Insert:
(1) This section applies to a condition under section 63
if:
(a) the condition relates to a carrier licence held by Telstra;
and
(b) the main object of the condition is to ensure that Telstra maintains a
local presence in regional, rural and remote parts of Australia.
(2) The condition may make provision for, or in relation to, a matter by
empowering the Minister or the ACA to make decisions of an administrative
character.
(3) Section 11 does not apply to the reference in
paragraph (1)(b) to Australia.
(4) In this section:
Australia does not include the eligible
Territories.
2 Section 3
Insert:
ACCC means the Australian Competition and Consumer
Commission.
3 Section 3
Insert:
hybrid-security issuer company has the meaning given by
section 8AJ.
4 Section 3
Insert:
RTIRC means the Regional Telecommunications Independent
Review Committee established by section 74.
5 Section 3
Insert:
RTIRC Chair means the Chair of the Regional
Telecommunications Independent Review Committee.
6 Section 3
Insert:
RTIRC member means a member of the Regional
Telecommunications Independent Review Committee, and includes the RTIRC
Chair.
7 Section 3
Insert:
sale-scheme hybrid security has the meaning given by
section 8AJA.
8 Section 8AA
Omit:
• The Commonwealth may sell 49.9% of its
original equity interest in Telstra, but must retain the remaining
50.1%.
substitute:
• The Commonwealth may sell its remaining
equity interest in Telstra.
9 Division 2 of
Part 2
Repeal the Division.
10 Subsection 8AJ(1)
Omit “and sale-scheme trust deed”, substitute
“, sale-scheme trust deed and hybrid-security issuer
company”.
11 Subsection 8AJ(2)
Omit “a part”, substitute “the whole or a
part”.
12 Subsection 8AJ(3)
Repeal the subsection, substitute:
(3) A Telstra sale scheme must comply with any rules set out in a
determination in force under subsection (3A).
(3A) The Minister for Finance may make a written determination setting out
rules that are to be complied with by a Telstra sale scheme.
13 Paragraph 8AJ(4)(j)
Omit “constitution.”, substitute
“constitution;”.
14 At the end of subsection
8AJ(4)
Add:
(k) the issue by the Commonwealth of sale-scheme hybrid
securities;
(l) an arrangement under which:
(i) a wholly-owned Commonwealth company (the hybrid-security issuer
company) issues sale-scheme hybrid securities; and
(ii) the Commonwealth transfers any of its shares in Telstra to the
hybrid-security issuer company;
(m) the guarantee by the Commonwealth of the obligations of the
hybrid-security issuer company to make payments of amounts in relation to
sale-scheme hybrid securities (for example, payments of interest or
dividends).
15 Subsection 8AJ(7)
Insert:
wholly-owned Commonwealth company has the same meaning as in
the Commonwealth Authorities and Companies Act 1997 (in working out
whether a company is covered by this definition, ignore any sale-scheme hybrid
securities issued by the company).
16 After section 8AJ
Insert:
(1) For the purposes of this Act, a sale-scheme hybrid
security is:
(a) an interest-bearing security that is issued on the basis that it will
or may be redeemed in exchange for a share or shares in Telstra; or
(b) a share that is issued on the basis that it will or may be redeemed in
exchange for a share or shares in Telstra; or
(c) any other security that is issued on the basis that it will or may be
redeemed in exchange for a share or shares in Telstra; or
(d) an option to buy a share or shares in Telstra.
(2) A security covered by paragraph (1)(a) may (but need not) include
a charge over property to secure repayment.
(3) A security covered by paragraph (1)(a) may be issued in or
outside Australia, and may be denominated in:
(a) Australian currency; or
(b) a currency other than Australian currency.
(4) A share covered by paragraph (1)(b) may be issued in or outside
Australia, and any rights or obligations may be denominated in:
(a) Australian currency; or
(b) a currency other than Australian currency.
(5) A security covered by paragraph (1)(c) may be issued in or
outside Australia, and any rights or obligations may be denominated
in:
(a) Australian currency; or
(b) a currency other than Australian currency.
(6) An option covered by paragraph (1)(d) may be issued in or outside
Australia, and the exercise price may be denominated in:
(a) Australian currency; or
(b) a currency other than Australian currency.
17 Subsection 8AK(1) (after paragraph (k) of
the definition of designated matter)
Insert:
(ka) the issue of sale-scheme hybrid securities;
(kb) the receipt of money by the Commonwealth, or by a person acting on
behalf of the Commonwealth, in respect of the issue of sale-scheme hybrid
securities;
(kc) the receipt of money by the hybrid-security issuer company, or by a
person acting on behalf of the company, in respect of the issue of sale-scheme
hybrid securities;
(kd) the redemption of sale-scheme hybrid securities;
(ke) the transfer by the hybrid-security issuer company of a share in
Telstra held by the company;
(kf) an agreement relating to a transfer covered by
paragraph (ke);
18 After section 8AK
Insert:
To the extent to which the issue of sale-scheme hybrid securities under a
Telstra sale scheme involves a borrowing of money by the Commonwealth, that
borrowing is authorised by this section.
Note: Section 37 of the Financial Management and
Accountability Act 1997 provides that an agreement for the borrowing of
money by the Commonwealth is of no effect unless the borrowing is authorised by
an Act.
19 Subsection 8AL(2)
Omit “costs and expenses”, substitute “costs, expenses
and obligations”.
20 Paragraph 8AL(2)(g)
Omit “Commonwealth.”, substitute
“Commonwealth;”.
21 At the end of subsection
8AL(2)
Add:
(h) calls on guarantees given by the Commonwealth;
(i) obligations to make payments of amounts in relation to sale-scheme
hybrid securities issued by the Commonwealth (for example, payments of
interest).
22 Paragraph 8AR(1)(b)
Omit “section 205”, substitute
“Part 2J.3”.
23 Paragraph 8AR(1)(c)
Omit “Part 3.2A”, substitute
“Chapter 2E”.
24 Subsections 8AR(2) and (3)
Repeal the subsections.
25 Subsection 8AV(5)
Omit “section 195”, substitute
“Part 2J.1”.
26 Subsection 8AV(6)
Repeal the subsection.
27 After section 8AY
Insert:
Equity-dilution conduct
(1) For the purposes of this section, equity-dilution
conduct is conduct that:
(a) will result, or is likely to result, in a dilution of the
Commonwealth’s equity in Telstra; and
(b) is not carried out under a Telstra sale scheme.
(2) In determining whether conduct is equity-dilution conduct, regard must
be had to the economic and commercial substance of the conduct.
(3) Subsection (2) does not, by implication, limit
subsection (1).
Notification of proposal to engage in equity-dilution
conduct
(4) At least 30 days before engaging in particular equity-dilution
conduct, Telstra must give the Minister for Finance a written notice:
(a) setting out details of Telstra’s proposal to engage in that
conduct; and
(b) giving Telstra’s reasons for that proposal.
Direction not to engage in equity-dilution conduct
(5) The Minister for Finance may, by written notice given to Telstra,
direct Telstra not to engage in specified equity-dilution conduct.
Note: For specification by class, see subsection 46(2) of
the Acts Interpretation Act 1901.
(6) Telstra must comply with a direction under
subsection (5).
Sanction
(7) A breach of this section is not an offence. However, a breach of this
section is a ground for obtaining an injunction under Division 1 of
Part 2B.
Definition
(8) In this section:
the Commonwealth includes the hybrid-security issuer
company.
Direction to give information
(1) The Minister may, by written notice given to Telstra, direct Telstra
to give to the Minister, within the period specified in the notice, specified
information that is relevant to determining either or both of the
following:
(a) whether or not a particular day is the first day after the
commencement of this section on which a majority of the voting shares in Telstra
are or were acquired by a person, or persons, other than the
Commonwealth;
(b) whether or not a particular day is the first day after the
commencement of this section on which 85% of the voting shares in Telstra are or
were acquired by a person, or persons, other than the Commonwealth.
(2) Telstra must comply with a direction under
subsection (1).
Sanction
(3) A breach of this section is not an offence. However, a breach of this
section is a ground for obtaining an injunction under Division 1 of
Part 2B.
Definition
(4) In this section:
the Commonwealth includes the hybrid-security issuer
company.
In determining whether Telstra is a prescribed authority for the purposes
of the Ombudsman Act 1976, assume that each reference to the Commonwealth
in the definition of Commonwealth-controlled company in subsection
3(1) of that Act includes a reference to the hybrid-security issuer
company.
28 Subsection 8BUA(1)
After “regional”, insert “, rural or
remote”.
29 Sections 8CI, 8CJ and
8CK
Omit “Part 2 or 2A” (wherever occurring), substitute
“Part 2A”.
30 Subsections 8CI(6) and
8CJ(6)
Omit “Part 2 or 2A”, substitute
“Part 2A”.
Note: The headings to subsections 8CI(6) and 8CJ(6) are
altered by omitting “Part 2 or 2A” and
substituting “Part 2A”.
31 Section 8CL
Omit “Part 2 or”.
32 After Part 9
Insert:
(1) The RTIRC must conduct reviews of the adequacy of telecommunications
services in regional, rural and remote parts of Australia.
Note: RTIRC means the Regional
Telecommunications Independent Review Committee established by
section 74.
(2) In determining the adequacy of those services, the RTIRC must have
regard to whether people in regional, rural and remote parts of Australia have
equitable access to telecommunications services that are:
(a) significant to people in those parts of Australia; and
(b) currently available in one or more urban parts of Australia.
Timing of reviews
(3) The first review must be completed within 5 years after the
commencement of this section. Subsequent reviews must be completed within 5
years after the completion of the previous review. For this purpose, a review is
completed when the report of the review is given to the Minister
under section 73.
Consultation
(4) In conducting a review, the RTIRC must make provision for:
(a) public consultation; and
(b) consultation with people in regional, rural and remote parts of
Australia.
Relevant matters
(5) In conducting a review, the RTIRC must have regard to:
(a) any policies of the Commonwealth Government notified to the RTIRC by
the Minister; and
(b) such other matters as the RTIRC considers relevant.
Definitions
(6) In this section:
carriage service has the same meaning as in the
Telecommunications Act 1997.
telecommunications services includes:
(a) carriage services; and
(b) services provided by means of carriage services.
(1) The RTIRC must:
(a) prepare a report of a review under section 72; and
(b) give the report to the Minister.
(2) The Minister must cause copies of the report to be tabled in each
House of the Parliament within 15 sitting days of that House after receiving the
report.
Recommendations
(3) The report may set out recommendations to the Commonwealth
Government.
(4) In formulating a recommendation that the Commonwealth Government
should take particular action, the RTIRC must assess the costs and benefits of
that action.
(5) Subsection (4) does not prevent the RTIRC from taking other
matters into account in formulating a recommendation.
Government response to recommendations
(6) If a report sets out one or more recommendations to the Commonwealth
Government:
(a) as soon as practicable after receiving the report, the Minister must
cause to be prepared a statement setting out the Commonwealth Government’s
response to the recommendations; and
(b) within 6 months after receiving the report, the Minister must cause
copies of the statement to be tabled in each House of the Parliament.
There is to be a Regional Telecommunications Independent Review
Committee.
The RTIRC has the functions that are conferred on it by this
Part.
(1) The RTIRC is to consist of a Chair and at least 2 other
members.
(2) A person may only be appointed as an RTIRC member if it appears to the
Minister that the person has knowledge of, or experience in:
(a) matters affecting regional, rural and remote parts of Australia;
or
(b) telecommunications.
(3) The Minister must ensure that:
(a) the RTIRC Chair is not a person covered by subsection (4);
and
(b) a majority of the other RTIRC members are not persons covered by
subsection (4).
(4) This subsection applies to the following persons:
(a) an officer or employee of Telstra;
(b) an officer or employee of a Telstra subsidiary;
(c) an employee of the Commonwealth;
(d) an employee of an authority of the Commonwealth;
(e) a person who holds a full-time office under a law of the
Commonwealth.
(1) The RTIRC members are to be appointed by the Minister by written
instrument.
(2) An RTIRC member holds office for the period specified in the
instrument of appointment. The period must not exceed 5 years.
(3) An RTIRC member holds office on a part-time basis.
(1) The Minister may appoint an RTIRC member to act as the RTIRC
Chair:
(a) during a vacancy in the office of the RTIRC Chair, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the RTIRC Chair is
absent from duty or from Australia, or is, for any reason, unable to perform the
duties of the office.
(2) Anything done by or in relation to a person purporting to act under an
appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(1) The regulations may prescribe the procedure to be followed at or in
relation to meetings of the RTIRC, including matters relating to the
following:
(a) the convening of meetings of the RTIRC;
(b) the number of RTIRC members who are to constitute a quorum;
(c) the selection of an RTIRC member to preside at meetings of the RTIRC
in the absence of the RTIRC Chair;
(d) the manner in which questions arising at a meeting of the RTIRC are to
be decided.
(2) A resolution is taken to have been passed at a meeting of the RTIRC
if:
(a) without meeting, a majority of RTIRC members indicate agreement with
the resolution in accordance with the method determined by the RTIRC under
subsection (3); and
(b) all RTIRC members were informed of the proposed resolution, or
reasonable efforts had been made to inform all RTIRC members of the proposed
resolution.
(3) Subsection (2) applies only if the RTIRC:
(a) determines that it applies; and
(b) determines the method by which RTIRC members are to indicate agreement
with resolutions.
(1) An RTIRC member who has a material personal interest in a matter being
considered by the RTIRC must, as soon as possible after the relevant facts have
come to the member’s knowledge, disclose the nature of the interest at a
meeting of the RTIRC.
(2) The disclosure is to be recorded in the minutes of the meeting and,
unless the Minister or the RTIRC otherwise determines, the RTIRC member must
not:
(a) be present during any deliberation by the RTIRC about that matter;
or
(b) take part in any decision of the RTIRC relating to that
matter.
(3) For the purposes of the making of a determination by the RTIRC under
subsection (2) in relation to an RTIRC member who has made a disclosure
under subsection (1), an RTIRC member who has an interest in the matter to
which the disclosure relates must not:
(a) be present during any deliberation of the RTIRC for the purposes of
making the determination; or
(b) take part in the making by the RTIRC of the determination.
(1) An RTIRC member is to be paid the remuneration that is determined by
the Remuneration Tribunal. If no determination of that remuneration by the
Tribunal is in operation, the member is to be paid the remuneration that is
prescribed.
(2) An RTIRC member is to be paid the allowances that are
prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
(1) The Minister may grant leave of absence to the RTIRC Chair on the
terms and conditions that the Minister determines.
(2) The RTIRC Chair may grant leave of absence to an RTIRC member on the
terms and conditions that the RTIRC Chair determines.
An RTIRC member may resign his or her appointment by giving the Minister
a written resignation.
(1) The Minister may terminate the appointment of an RTIRC member for
misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of an RTIRC member
if:
(a) the RTIRC member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with creditors; or
(iv) makes an assignment of remuneration for the benefit of his or her
creditors; or
(b) the RTIRC member is absent, except on leave of absence, for 3
consecutive meetings of the RTIRC; or
(c) the RTIRC member fails, without reasonable excuse, to comply with
section 80.
An RTIRC member holds office on the terms and conditions (if any) in
relation to matters not covered by this Act that are determined by the
Minister.
(1) Any or all of the following:
(a) the ACA;
(b) the ACCC;
(c) the Department;
may assist the RTIRC in the performance of its functions.
(2) The assistance may include the following:
(a) the provision of information;
(b) the provision of advice;
(c) the making available of resources and facilities (including
secretariat services and clerical assistance).
(3) A reference in Parts 26 and 27 of the Telecommunications Act
1997 to the ACA’s telecommunications functions includes
a reference to the function conferred on the ACA by
subsection (1).
Part 2—Amendments
commencing on the designated day
33 Regulation 2A
Repeal the regulation.
Freedom of Information Act
1982
34 Division 1 of Part II of
Schedule 2
Omit “Telstra Corporation Limited in relation to documents in respect
of its commercial activities”.
Freedom of Information
(Miscellaneous Provisions) Regulations
35 Schedule 1
Omit “Telstra Corporation Limited”.
36 Schedule 2 (table
item 125A)
Repeal the item.
37 Schedule 3 (table
item 12)
Repeal the item.
38 Transitional—requests under the Freedom
of Information Act 1982
(1) If:
(a) before the commencement of this item, a request was made under the
Freedom of Information Act 1982 (the FOI Act) for access to
a document in the possession of Telstra; and
(b) the request had not been finally disposed of under the FOI Act
immediately before the commencement of this item;
then:
(c) the FOI Act and the regulations under the FOI Act have effect after
the commencement of this item, in relation to the request, as if:
(i) Telstra were an agency (within the meaning of the FOI Act);
and
(ii) the FOI Act and the Freedom of Information (Miscellaneous
Provisions) Regulations had not been amended by this Part; and
(d) the Administrative Appeals Tribunal Act 1975 has effect after
the commencement of this item, in relation to a decision in connection with the
request, as if:
(i) Telstra were an agency (within the meaning of the FOI Act);
and
(ii) the FOI Act and the Freedom of Information (Miscellaneous
Provisions) Regulations had not been amended by this Part.
(2) If:
(a) before the commencement of this item, a person had:
(i) applied under the Administrative Appeals Tribunal Act 1975 (the
AAT Act) for a review of a decision of Telstra made under the
Freedom of Information Act 1982 in relation to a particular document;
or
(ii) requested under the AAT Act a statement of reasons for such a
decision; and
(b) the application or request had not been finally disposed of under the
AAT Act before the commencement of this item;
the AAT Act has effect after the commencement of this item, in relation to
the application or request, as if:
(c) Telstra were an agency (within the meaning of the Freedom of
Information Act 1982); and
(d) the Freedom of Information Act 1982 and the Freedom of
Information (Miscellaneous Provisions) Regulations had not been amended by
this Part.
Long Service Leave
(Commonwealth Employees) Regulations 1957
39 Item 4 of
Schedule 1A
Repeal the item.
Maternity Leave
(Commonwealth Employees) Regulations
40 Item 2 of
Schedule 2A
Repeal the item.
Occupational Health and
Safety (Commonwealth Employment) Act 1991
41 Schedule
Omit “Telstra Corporation Limited”.
42 Schedule 2 (table
item 15)
Repeal the item.
43 Schedule 4 (table
item 17)
Repeal the item.
44 Transitional—complaints and investigations
under the Ombudsman Act 1976
(1) If:
(a) before the commencement of this item, a complaint was made to the
Ombudsman under the Ombudsman Act 1976 in relation to action taken by
Telstra; and
(b) immediately before the commencement of this item, the Ombudsman had
not finally disposed of the matter in accordance with that Act;
the Ombudsman Act 1976 and the regulations under the Ombudsman
Act 1976 have effect after the commencement of this item, in relation to the
complaint, as if:
(c) Telstra were a prescribed authority (within the meaning of the
Ombudsman Act 1976); and
(d) the Ombudsman Regulations 1977 had not been amended by this
Part.
(2) If:
(a) before the commencement of this item, the Ombudsman commenced an
investigation under the Ombudsman Act 1976 in relation to action taken by
Telstra; and
(b) immediately before the commencement of this item, the Ombudsman had
not finally disposed of the matter in accordance with that Act;
the Ombudsman Act 1976 and the regulations under the Ombudsman
Act 1976 have effect after the commencement of this item, in relation to the
investigation, as if:
(c) Telstra were a prescribed authority (within the meaning of the
Ombudsman Act 1976); and
(d) the Ombudsman Regulations 1977 had not been amended by this
Part.
45 Section 3
Insert:
designated day means the day declared under subsection 2(3)
of the Telstra (Transition to Full Private Ownership) Act 2003.
46 Section 3
Insert:
employee includes apprentice.
47 Section 3
Insert:
Long Service Leave Act means the Long Service Leave
(Commonwealth Employees) Act 1976 as in force immediately before the
designated day.
48 Section 3
Insert:
Maternity Leave Act means the Maternity Leave
(Commonwealth Employees) Act 1973 as in force immediately before the
designated day.
49 Section 3
Insert:
SRC Act means the Safety, Rehabilitation and Compensation
Act 1988.
50 Section 3
Insert:
Telstra body means:
(a) in Divisions 1, 2 and 3 of Part 3A:
(i) Telstra; or
(ii) a body corporate that is a subsidiary of Telstra immediately before a
majority of the voting shares in Telstra are acquired by one or more persons
other than the Commonwealth (for this purpose, the Commonwealth
includes the hybrid-security issuer company); and
(b) in the remaining provisions of this Act—Telstra or a body
corporate that is a subsidiary of Telstra.
51 Part 3
Repeal the Part.
52 Before Part 4
Insert:
(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:
combined service period, in relation to an employee, means
the total of:
(a) the period that was, immediately before the designated day, the
employee’s period of service for the purposes of the Long Service Leave
Act; and
(b) the period starting on the designated day during which the employee
continues to be an employee of a Telstra body.
employee includes a person employed in a full-time or a
part-time capacity.
law means:
(a) a law of the Commonwealth, a State or a Territory; or
(b) regulations or any other instrument (other than an award,
determination or industrial agreement) made under such a law.
post-sale long service leave rights, in relation to an
employee, means any long service leave rights the employee acquires under an
award, determination, industrial agreement or law (other than this Act) on or
after the designated day in relation to service on or after that day.
(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:
applicable part of the fee means the part of the fee
mentioned in paragraph (b).
number of refund days means the total number of days in the
period beginning on the designated day and ending on the last day of the
relevant period in which the designated day occurs.
(2) In this section:
relevant period has the same meaning as in section 104A
of the SRC Act.
(1) If:
(a) a Telstra body has paid a fee under former section 108Q of the
SRC Act; and
(b) the fee is attributable to the application of subsection (2) of
that section to the relevant period in which the designated day
occurs;
the Telstra body is entitled to be paid the amount worked out using the
following formula:
where:
applicable fee means the fee mentioned in
paragraph (b).
number of refund days means the total number of days in the
period beginning on the designated day and ending on the last day of the
relevant period in which the designated day occurs.
(2) An amount to which a Telstra body is entitled under
subsection (1) is to be paid out of the Consolidated Revenue Fund, which is
appropriated accordingly.
(3) In this section:
former section 108Q of the SRC Act means repealed
section 108Q of the SRC Act as that section continues to apply after its
repeal because of item 50 of Schedule 2 to the Safety,
Rehabilitation and Compensation and Other Legislation Amendment Act
2001.
relevant period has the same meaning as in former
section 108Q of the SRC Act.
53 Before subsection 36(3)
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.
Part 3—Amendments
commencing on the 85% sale day
54 Section 8AA
Omit:
• This Part imposes reporting obligations on
Telstra.
55 Division 3 of
Part 2
Repeal the Division.
56 Subsection 8AW(1)
Omit “Division 3 or”, substitute “repealed
Division 3 or under”.
57 Paragraph 8AX(1)(a)
Omit “Division 3 or”, substitute “repealed
Division 3 or under”.
58 Subsection 8AY(1)
Omit “Division 3 or”, substitute “repealed
Division 3 or under”.
59 Section 8AYA
Repeal the section.