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 (Consumer Protection and Service Standards) Act 1999

108A   At the end of Division 3 of Part 2

Add:

Subdivision C - Relevant contracts entered into by designated Telstra successor companies

22A Relevant contract

For the purposes of this Subdivision, relevant contract means a contract or agreement that is entered into:

(a) by a designated Telstra successor company; and

(b) for a purpose relating to either or both of the following:

(i) the achievement of any or all of the policy objectives of this Division;

(ii) the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the designated Telstra successor company by the section 14 contract known as the Telstra USO Performance Agreement.

22AA Transfer of asset

For the purposes of this Subdivision, a transfer of an asset occurs if:

(a) the legal ownership of the asset is transferred in whole or in part; or

(b) the beneficial ownership of the asset is transferred in whole or in part (whether by way of a declaration of trust or in any other way); or

(c) if the asset is the subject of a lease - the lease is transferred.

22B Authorised officer

(1) For the purposes of this Subdivision, authorised officer means an SES employee, or an acting SES employee, who holds, or performs the duties of, a position designated under subsection (2).

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

(2) The Minister may, by notifiable instrument, designate one or more specified positions in the Department for the purposes of subsection (1).

22C Notification of relevant contracts

(1) Within 7 days after a designated Telstra successor company enters into:

(a) a relevant contract; or

(b) a variation of a relevant contract;

the company must give:

(c) an authorised officer; or

(d) if there is no authorised officer - the Minister;

a written statement that sets out the following information:

(e) the names of the parties to the contract or variation, as the case requires;

(f) the nature of the contract or variation, as the case requires;

(g) the date the contract or variation, as the case requires, was entered into;

(h) the date when the contract or variation, as the case requires, came, or is to come, into effect;

(i) if the contract or variation (as the case requires) deals with the transfer of an asset - the name of the transferee;

(j) such other information (if any) relating to the contract or variation, as the case requires, as is specified under subsection (2).

(2) The Minister may, by legislative instrument, specify information for the purposes of paragraph (1)(j).

Civil penalty

(3) Subsection (1) is a civil penalty provision.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

22CA Notification of proposed contracts

(1) If:

(a) a designated Telstra successor company proposes to enter into a relevant contract; and

(b) the contract is to be entered into for a purpose relating to the transfer of one or more assets that were used in connection with the fulfilment of obligations imposed on the company by the section 14 contract known as the Telstra USO Performance Agreement;

the company must, at least 30 days before entering into the contract, give:

(c) an authorised officer; or

(d) if there is no authorised officer - the Minister;

a written statement that sets out the following information:

(e) the names of the parties to the contract;

(f) the nature of the contract;

(g) the date the contract is to be entered into;

(h) the date when the contract is to come into effect;

(i) the name of the transferee of the assets;

(j) such other information (if any) relating to the contract as is specified under subsection (2).

(2) The Minister may, by legislative instrument, specify information for the purposes of paragraph (1)(j).

(3) Subsection (1) is a civil penalty provision.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

22D Copies of relevant contracts - requirement imposed by Ministerial notice

Requirement to give copy of proposed contract or variation

(1) If a designated Telstra successor company proposes to enter into:

(a) a relevant contract; or

(b) a variation of a relevant contract;

the Minister or an authorised officer may, by written notice given to the company, require the company to:

(c) give:

(i) an authorised officer; or

(ii) if there is no authorised officer - the Minister;

a copy of the proposed contract or variation, as the case requires; and

(d) do so within 7 days after the notice is given.

Requirement to give copy of contract or variation

(2) If a designated Telstra successor company has entered into:

(a) a relevant contract; or

(b) a variation of a relevant contract;

the Minister or an authorised officer may, by written notice given to the company, require the company to:

(c) give:

(i) an authorised officer; or

(ii) if there is no authorised officer - the Minister;

a copy of the contract or variation, as the case requires; and

(d) do so within 7 days after the notice is given.

Compliance with requirement

(3) A designated Telstra successor company must comply with a requirement under subsection (1) or (2).

Civil penalty

(4) Subsection (3) is a civil penalty provision.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

22E Copies of relevant contracts - requirement imposed by rules

(1) The Minister may, by legislative instrument, make rules that impose the following requirements to be complied with by a designated Telstra successor company that has entered into a relevant contract in a specified class of relevant contracts:

(a) the requirement that, within 7 days after such a contract is entered into, the company must give:

(i) an authorised officer; or

(ii) if there is no authorised officer - the Minister;

a copy of the contract;

(b) the requirement that, within 7 days after the company enters into a variation of such a contract, the company must give:

(i) an authorised officer; or

(ii) if there is no authorised officer - the Minister;

a copy of the variation.

Compliance with requirement

(2) A designated Telstra successor company must comply with a requirement imposed by rules made under subsection (1).

Civil penalty

(3) Subsection (2) is a civil penalty provision.

Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.