Document ID: chunk:federal_register_of_legislation:C2004A02639:schedule:12:p40
Version: federal_register_of_legislation:C2004A02639
Segment Type: schedule
Provision Reference: sch 12 (pt 40/42)
Character Range: 102237–105073

by which a court of a State is invested with federal jurisdiction has effect, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1), as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.
"(5) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1).

"(6) In this section, 'adjacent area', in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967.".

General functions and duties of Commission
197. Section 34 of the Principal Act is amended by adding at the end thereof the following sub-section:
"(2) Without limiting the generality of sub-section (1), the Commission may enter into an agreement with a person (including the Government of another country) for the provision of consultancy services by that person to the Commission in relation to any of the matters set out in sub-section (1).".

Commission's powers exercisable outside Australia
198. Section 34a of the Principal Act is amended—
     (a) by omitting "the last preceding section" and substituting "section 34";
     (b) by omitting from paragraph (a) "paragraph (a) of that section" and substituting "paragraph 34 (1) (a)"; and
     (c) by omitting from paragraph (b) "the last preceding paragraph" and substituting "paragraph (a)".

199. After section 34a of the Principal Act the following section is inserted:

Commission may enter into consultancy agreement
"34b. (1) With the approval of the Minister, the Commission may enter into an agreement with another person (including the Government of another country) for the provision by the Commission to that person of consultancy services in a country outside Australia in relation to any aspect of telecommunications.
"(2) Subject to sub-section (3), where, under sub-section (1), the Commission enters into an agreement with a person for the provision by the Commission of consultancy services in a country outside Australia, the Commission is empowered to do any act or thing in that country in pursuance of the agreement.
"(3) The Commission shall not do any act or thing in a country that is not in accordance with the law of the country.".

Policy of Commission
200. Section 38a of the Principal Act is amended by adding at the end thereof the following sub-section:
"(3) Sub-section (2) does not apply in relation to a service made available in pursuance of an agreement entered into under sub-section 34b (1).".

PART LIII—AMENDMENTS OF PARLIAMENT HOUSE CONSTRUCTION AUTHORITY ACT 1979