Document ID: chunk:federal_register_of_legislation:C2004A04507:schedule:2:p12
Version: federal_register_of_legislation:C2004A04507
Segment Type: schedule
Provision Reference: sch 2 (pt 12/26)
Character Range: 50985–54066

paragraph (4)(b) "by the other party";

  (f) by omitting from paragraph (4)(c) "either party" and substituting "any party";

    (g) by omitting from subsection (4) "the other party" (last occurring) and substituting "any other party".

Issue of permits

56. Section 258 of the Principal Act is amended by adding at the end of subsection (3) the following word and paragraph:

       "; and (d) the issuing of the permit is not contrary to policies notified by the Minister under subsection 49(1A)".

Variation of permits

57. Section 260 of the Principal Act is amended by adding at the end of subsection (3) the following word and paragraph:

         "; and (c) the variation is not contrary to policies notified by the Minister under subsection 49(1A)".

Cancellation of permits

58. Section 263 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

"(1) AUSTEL may cancel a permit, by written notice given to the holder of the permit, if:

     (a)     AUSTEL is satisfied that the holder of a permit has contravened the conditions of the permit; or

     (b)     the cancellation is authorised by policies notified to AUSTEL under subsection 49(1A).".

Reference of matters to Ombudsman or Telecommunications Industry Ombudsman

  59. Section 339 is amended:

     (a)     by inserting in paragraph (1)(a) "or the Telecommunications Industry Ombudsman" before "; and";

     (b)     by inserting in paragraph (1)(b) "or the Telecommunications Industry Ombudsman" after "Ombudsman";

  (c)     by inserting in subsection (2) "or to the Telecommunications

     Industry Ombudsman" after "Ombudsman" (wherever occurring);

    (d) by inserting in subsection (3) "to the Ombudsman" after "subsection (2)".

Protection from civil actions

  60. Section 345 of the Principal Act is amended:

  (a) by adding at the end the following word and paragraphs:

            "; or (c)  the making of a complaint to the Telecommunications Industry Ombudsman; or

           (d) subject to subsection (2), the making of a statement to, or the giving of a document or information to, the Telecommunications Industry Ombudsman in connection with the consideration by the Telecommunications Industry Ombudsman of a complaint.";

  (b) by adding at the end the following subsection:

     "(2) Paragraph (1)(d) does not apply to the making of a statement, or the giving of a document or information, by:

       (a)     a carrier; or

         (b)     a person who supplies an eligible service and who is participating in the Ombudsman scheme under which the Telecommunications Industry Ombudsman has been appointed.".

PART 11—VALIDATION OF CERTAIN NOTIFICATIONS UNDER THE TELECOMMUNICATIONS ACT 1989

Validation of certain notifications under the Telecommunications 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)