Document ID: chunk:federal_register_of_legislation:C2004A03722:body:0:p12
Version: federal_register_of_legislation:C2004A03722
Segment Type: other
Provision Reference: 
Character Range: 28235–30964

Act 1936, OTC shall be taken to have had, at all times before it complies with subsection 54b (3) of this Act, a share capital, all the issued shares in which were, at all such times, beneficially owned by the Commonwealth.".

Repeal of section 74
17. Section 74 of the Principal Act is repealed.
18. Section 75 of the Principal Act is repealed and the following section is substituted:

Alteration of rates
"75. OTC shall obtain the approval of the Minister before altering:
     (a) the rates charged in Australia for telephone calls or telegrams transmitted over the overseas telecommunications services operated by it; or
     (b) the apportionment of those rates.".

Land-line connections
19. Section 76 of the Principal Act is amended:
     (a) by omitting "specified in section thirty-four of this Act" and substituting "provided by OTC";

     (b) by omitting "the Commission" (wherever occurring) and substituting "OTC".

Repeal of section 77
20. Section 77 of the Principal Act is repealed.

Protection from actions
21. Section 78 of the Principal Act is amended by omitting "the Commission" (wherever occurring) and substituting "OTC".
22. Section 79 of the Principal Act is repealed and the following sections are substituted:

OTC not public authority etc.
"79. OTC, as it exists after the transition, shall be taken for the purposes of a law of the Commonwealth or a State or Territory:
     (a) not to have been incorporated or established for a public purpose or for a purpose of the Commonwealth;
     (b) not to be a public authority or an instrumentality or agency of the Crown; and
     (c) not to be entitled to any immunity or privilege of the Commonwealth;
except so far as express provision is made by a law of the Commonwealth, State or Territory, as the case may be, or the regulations otherwise provide.

Judicial notice of OTC's seal
"79a. (1) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of OTC appearing on a document and shall presume that it was duly affixed.
"(2) Subsection (1) applies only in relation to an imprint that was affixed, or appears to have been affixed, before the transition.

Compensation for acquisition of property
"79b. (1) Where, but for this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by OTC such reasonable amount of compensation as is agreed on between the person and OTC or, failing agreement, as is determined by a court of competent jurisdiction.
"(2) Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than under this section shall be taken into