Telstra Corporation and Other Legislation Amendment Act 2021 (140 of 2021)

Schedule 2   Amendments contingent on the implementation of an approved scheme of arrangement

Part 1   Main amendments

Division 1   Amendments

Telecommunications Act 1997

21   After section 56

Insert:

56AA Deemed carrier licence - designated Telstra successor company

Scope

(1) This section applies to a body corporate if:

(a) either of the following conditions are satisfied in relation to a particular time (the relevant time ):

(i) the relevant time occurs immediately after the commencement of this section, and the body corporate is a designated Telstra successor company at the relevant time;

(ii) the relevant time occurs after the commencement of this section, and the body corporate becomes a designated Telstra successor company at the relevant time; and

(b) the body corporate does not hold a carrier licence at the relevant time; and

(c) the body corporate is a constitutional corporation at the relevant time; and

(d) the body corporate is the owner, or one of the owners, of a network unit at the relevant time; and

(e) no nominated carrier declaration is in force in relation to that network unit at the relevant time.

Deemed carrier licence

(2) The ACMA is taken to have granted a carrier licence (the deemed carrier licence ) to the body corporate under section 56 immediately after the relevant time.

Application for carrier licence

(3) The body corporate must:

(a) apply under section 52 for a carrier licence; and

(b) do so within 5 business days after the relevant time.

(4) If the body corporate fails to comply with subsection (3), the body corporate is taken, at the end of the period of 5 business days, to have applied under section 52 for a carrier licence.

(5) The application mentioned in subsection (3) or (4) is exempt from charge imposed by Part 2 of the Telecommunications (Carrier Licence Charges) Act 1997.

(6) The ACMA must decide the application mentioned in subsection (3) or (4) as if the deemed carrier licence did not exist.

Duration of deemed carrier licence

(7) The deemed carrier licence remains in force until:

(a) the ACMA grants a carrier licence to the body corporate in response to the application mentioned in subsection (3) or (4); or

(b) if the ACMA refuses to grant a carrier licence to the body corporate in response to the application mentioned in subsection (3) or (4) - the latest of the following times:

(i) the end of the 28-day period beginning when the body corporate is informed by the ACMA of the refusal;

(ii) if, during that 28-day period, the body corporate applies under section 558 for the ACMA to reconsider the refusal - the end of the 28-day period beginning when the ACMA makes its decision on reconsideration of the refusal;

(iii) if, during the 28-day period last mentioned in subparagraph (ii), the body corporate makes an application under section 562 to the Administrative Appeals Tribunal for review of the refusal decision - the end of the 28-day period beginning when the application is finally determined;

(iv) if, during the 28-day period last mentioned in subparagraph (iii), the body corporate appeals to the Federal Court under section 44 of the Administrative Appeals Tribunal Act 1975 from the decision of the Administrative Appeals Tribunal on the application mentioned in subparagraph (iii) - when the appeal is determined.

Section 56A does not apply

(8) Section 56A does not apply to the deemed carrier licence.