Document ID: chunk:federal_register_of_legislation:C2004A04507:schedule:2:p13
Version: federal_register_of_legislation:C2004A04507
Segment Type: schedule
Provision Reference: sch 2 (pt 13/26)
Character Range: 53791–56729

Act 1989

61.(1) The following are taken to have been valid notifications of policies under section 28 of the Telecommunications Act 1989:

     (a)     the notification of policies by the Minister for Telecommunications and Aviation Support, dated 1 December 1989;

     (b)    any notification of an amendment of the policies mentioned in paragraph (a);

     (c)     any notification of an amended version of the policies mentioned in paragraph (a).

(2) AUSTEL is taken to have had all the powers necessary to give full effect to the notifications of policies referred to in subsection (1) in issuing, varying or cancelling permits under Division 4 of Part 5 of the Telecommunications Act 1989.

PART 12—AMENDMENT OF THE TELECOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1991

Principal Act

62. In this Part, "Principal Act" means the Telecommunications (Transitional Provisions and Consequential Amendments) Act 199110.

Existing carriers may continue to operate pending grant of licence

63. Section 7 of the Principal Act is amended by adding at the end the following subsection:

"(3) A corporation to which this section applies is taken to have been a general carrier within the meaning of the Telecommunications Act 1991, otherwise than for the purposes of Divisions 2 and 3 of Part 5, and Parts 8 and 9 of the Act, during the period beginning on 1 July 1991 and ending on the day on which the corporation became the holder of a general telecommunications licence in force under Part 5.".

PART 13—AMENDMENTS OF THE BROADCASTING SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1992

Principal Act

64. In this Part, "Principal Act" means the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 199211.

Pending applications for grant of licences under the Broadcasting Act

65. Section 12 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2A) Subsection (2) does not apply to an application if the application has not been referred to the Tribunal or to the ABA under paragraph 82A(4)(a) of the Broadcasting Act before the commencement of this subsection.".

Application of provisions of the Broadcasting Act in relation to keeping accounts and unpaid licence fees

  66. Section 22 of the Principal Act is amended:

  (a) by inserting after subsection (1) the following subsections:

     "(1A) The amendments made by sections 19 and 21 of the Broadcasting Amendment Act (No. 2) 1991 have effect for the purposes of the continued operation of sections 123 and 123A of the Broadcasting Act under subsection (1) of this section.

     "(1B) Section 20 of the Broadcasting Amendment Act (No. 2) 1991 has effect in relation to:

      (a)     a commercial radio broadcasting licence referred to in paragraph 5(1)(a), (d) or (f); and

      (b)     a commercial television broadcasting licence referred to in