Document ID: chunk:federal_register_of_legislation:C2004A03722:body:0:p4
Version: federal_register_of_legislation:C2004A03722
Segment Type: other
Provision Reference: 
Character Range: 8905–11753

corporate, means a share in the share capital of the body corporate;
     'staff member' means a person who, immediately before the transition, is:
         (a) the Managing Director of OTC;
         (b) an officer of OTC; or
         (c) a temporary or casual employee of OTC;
     'subsidiary' has the meaning given by section 4a;
     'telecommunication' means any telegraphic or telephonic communication of signs, signals, writing, facsimiles or sounds of any kind by electromagnetic waves or other systems or processes of electric transmission;
     'transfer' includes a sale, conveyance or assignment;
     'transition' means the commencement of Part IIB;
     'wholly-owned subsidiary', in relation to a body corporate (in this definition called the 'holding body'), means a body corporate:
         (a) that is a subsidiary of the holding body;
         (b) none of whose members is a person other than:
             (i) the holding body;
             (ii) a body corporate that is, under any other application or applications of this definition, a wholly-owned subsidiary of the holding body; or
             (iii) a nominee of the holding body or of a body of a kind referred to in subparagraph (ii); and

         (c) no share in which is beneficially owned by a person other than:
           (i) the holding body; or
           (ii) a body of a kind referred to in subparagraph (b) (ii).

Operating under a name
"4. A reference in this Act to a body operating in a State or Territory under a particular name includes a reference to the body engaging in conduct that, for the purposes of a law in force in the State or Territory, constitutes:
     (a) in any case—using the name in the State or Territory;
     (b) if the name is the body's name—establishing a place of business, or carrying on business, within the State or Territory; or
     (c) if paragraph (b) does not apply—carrying on business under the name in the State or Territory.

Subsidiaries
"4a. For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined under the Companies Act 1981".

Repeal of section 5
7. (1) Section 5 of the Principal Act is amended by omitting the definitions of "Australia", "overseas messages", "overseas telecommunication services", "public communication" and "telecommunications".
(2) Section 5 of the Principal Act is repealed.

Repeal of Part II (other than section 33A)
8. (1) Sections 43 and 44 of the Principal Act are repealed.
(2) Divisions 2 to 5 (inclusive) of Part II (other than section 33a) of the Principal Act are repealed.
(3) Division 1 of Part II of the Principal Act is repealed.

Officers etc. not to divulge contents of telecommunications
9.