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

22   After section 63

Insert:

63A Conditions of a carrier licence held by Telstra Limited

(1) Until the first occasion after the commencement of this section on which a declaration under subsection 63(2) takes effect in relation to a carrier licence held by Telstra Limited:

(a) the carrier licence is subject to the conditions set out in sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 of the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 as in force immediately before the commencement of this section; and

(b) for that purpose, a reference in those sections (and Schedule 1 to that declaration) to the licensee is to be read as a reference to Telstra Limited.

(2) Until the first occasion after the commencement of this section on which a declaration under subsection 63(2) takes effect in relation to a carrier licence held by Telstra Limited:

(a) the carrier licence is subject to the conditions set out in section 11 of the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019; and

(b) for that purpose, a reference in that section to the licensee is to be read as a reference to Telstra Limited.

(3) If:

(a) a carrier licence held by a particular Telstra company (the first Telstra company ) is (whether in accordance with subsection (2) of this section or otherwise) subject to a condition set out in section 11 of the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019; and

(b) a carrier licence held by another Telstra company is also subject to the condition (whether in accordance with subsection (2) of this section or otherwise); and

(c) the other Telstra company complies with the condition;

the first Telstra company is taken to have complied with the condition.

(4) Until the first occasion after the commencement of this section on which a declaration under subsection 63(2) takes effect in relation to a carrier licence held by Telstra Limited:

(a) the carrier licence is subject to:

(i) the conditions set out in an interim Telstra carrier licence condition declaration; and

(ii) the interim conditions set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019; and

(b) for that purpose, a reference in those conditions to the licensee is to be read as a reference to Telstra Limited.

(5) If:

(a) a carrier licence held by a particular Telstra company (the first Telstra company ) is (whether in accordance with subsection (4) of this section or otherwise) subject to:

(i) a condition set out in an interim Telstra carrier licence condition declaration; or

(ii) an interim condition set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019; and

(b) a carrier licence held by another Telstra company is also subject to the condition (whether in accordance with subsection (4) of this section or otherwise); and

(c) the other Telstra company complies with the condition;

the first Telstra company is taken to have complied with the condition.

(6) For the purposes of this section, Telstra company means:

(a) Telstra Infraco Limited; or

(b) Telstra Limited.

Note: See also section 581U (transitional - references in legislation to Telstra Infraco Limited).

(7) For the purposes of this section, interim Telstra carrier licence condition declaration means a declaration under subsection 63(2) that:

(a) relates to a carrier licence held by Telstra Infraco Limited; and

(b) came into force during the period:

(i) beginning at the start of the day on which the Bill for the Act that inserted this section was introduced into the Parliament; and

(ii) ending immediately before the commencement of this section.

Note: See also section 581U (transitional - references in legislation to Telstra Infraco Limited).

(8) For the purposes of this section, an interim condition set out in the Telecommunications (Carrier Licence Conditions - Telstra Infraco Limited) Declaration 2019 means a condition inserted in that declaration (when the declaration was known as the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019) during the period:

(a) beginning at the start of the day on which the Bill for the Act that inserted this section was introduced into the Parliament; and

(b) ending immediately before the commencement of this section.