Document ID: chunk:federal_register_of_legislation:C2004A04248:body:0:p3
Version: federal_register_of_legislation:C2004A04248
Segment Type: other
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Character Range: 6157–8991

Maritime Safety Authority Act 1990 in the Schedule is taken to have commenced immediately after section 48 of that Act commenced.

(10) The amendment of section 221 of the Navigation Act 1912 in the Schedule is taken to have commenced on 18 December 1987.

(11) The amendments of sections 405N and 405P of the Navigation Act 1912 in the Schedule are taken to have commenced on 1 January 1991.

(12) The amendment of section 425 of the Navigation Act 1912 in the Schedule is taken to have commenced on 3 September 1990.

PART 2—AMENDMENTS OF THE AUSTRALIAN AND OVERSEAS TELECOMMUNICATIONS CORPORATION ACT 1991

Principal Act

3. In this Part, "Principal Act" means the Australian and Overseas Telecommunications Corporation Act 19911.

Interpretation

4. Section 3 of the Principal Act is amended:

    (a) by omitting the definition of "exempt matter" and substituting the following definition:

  " 'exempt matter' means:

         (a) the operation of Part 4; or

         (b) giving effect to Part 4; or

         (c) making arrangements to achieve, in relation to a set of merging entities (other than Telecom and OTC) and the merged entity in relation to that set, a result that, for commercial purposes, is to a substantial degree similar or analogous to a result achieved, in relation to Telecom, OTC and AOTC, by:

           (i) the operation of Part 4; or

           (ii) giving effect to Part 4;

       for example (but without limitation), arrangements for:

           (iii) some or all property or rights of the merging entities to become property or rights of the merged entity; or

           (iv) the merged entity to otherwise get the benefit of some or all property or rights of the merging entities; or

           (v) some or all liabilities of the merging entities to become liabilities of the merged entity; or

           (vi) the merged entity to otherwise become responsible for some or all liabilities of the merging entities; or

           (vii) the merged entity to become the successor in law, or the commercial successor, of the merging entities;";

    (b) by inserting the following definitions:

  " 'entity' means:

         (a) Telecom; or

         (b) OTC; or

         (c) a group company;

    'merged entity', in relation to a set of merging entities, has the meaning given by section 3A;

    'merger day', in relation to a set of merging entities and the merged entity in relation to that set, has the meaning given by section 3A;

    'merging entities' has the meaning given by section 3A;".

5. After section 3 of the Principal Act the following section is inserted:

Merging entities; merged entity; merger day

"3A.(1) For the purposes of this Act:

    (a) Telecom and OTC are a set of merging entities; and

    (b) AOTC is the merged entity in relation to that set; and

    (c)