1Short title
This Act may be cited as the National Transmission Network Sale Act 1998.
Parliamentary material from APH and the Federal Register of Legislation. Links open the official source in a new tab.
Bill homepage (APH)This Act may be cited as the National Transmission Network Sale Act 1998.
This Act commences on the day on which it receives the Royal Assent.
In this Act:
ABC means the Australian Broadcasting Corporation.
ACCC means the Australian Competition and Consumer Commission.
access seeker has the same meaning as in Part XIC of the Competition and Consumer Act.
ancillary service means a service that is ancillary to a national broadcasting service and is carried by means of an analog main carrier signal that is used for the transmission of the national broadcasting service.
Archives Act means the Archives Act 1983.
asset means:
any legal or equitable estate or interest in real or personal property, including a contingent or prospective one; and
any right, privilege or immunity, including a contingent or prospective one.
broadcasting service has the same meaning as in the Broadcasting Services Act.
Broadcasting Services Act means the Broadcasting Services Act 1992.
carrier licence has the same meaning as in the Telecommunications Act.
commercial broadcasting licensee means:
the holder of a commercial television broadcasting licence (within the meaning of the Broadcasting Services Act); or
the holder of a commercial radio broadcasting licence (within the meaning of the Broadcasting Services Act).
Commonwealth asset means an asset of the Commonwealth.
Commonwealth liability means a liability of the Commonwealth.
community broadcasting licensee means the holder of a community broadcasting licence (within the meaning of the Broadcasting Services Act).
community broadcasting service has the same meaning as in the Broadcasting Services Act.
company means a body corporate.
Competition and Consumer Act means the Competition and Consumer Act 2010.
declared remote area means an area specified by the Minister under subsection (2) for the purposes of this definition.
declared successor means a person declared under section 22 to be a declared successor.
emergency service organisation means:
any of the following organisations (including those consisting wholly or partly of volunteers):
a police force or service;
a fire service;
an ambulance service;
a coast guard service, rescue service or emergency service; or
any other organisation specified by the Minister under subsection (2) for the purposes of this paragraph.
exempt re‑transmission means a re‑transmission covered by section 212 of the Broadcasting Services Act.
government body means:
a State or Territory; or
an authority of a State or Territory; or
a local government body of a State or Territory.
instrument includes a document.
land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
liability means a liability, duty or obligation, including a contingent or prospective one.
national broadcasting service has the same meaning as in the Broadcasting Services Act.
NBS transmitter licence means a transmitter licence (within the meaning of the Radiocommunications Act) for a transmitter that is for use for transmitting a national broadcasting service to the public.
nominated customer has the meaning given by section 15.
nominated purpose, in relation to a person who is a nominated customer, means a purpose specified in section 15 as a purpose for which the person is a nominated customer.
nominated service has the meaning given by section 14.
non‑profit body means an incorporated body that:
is not carried on for the purposes of profit or gain to its individual members; and
is prohibited by its constituent document from making any distribution of money or property to its individual members.
NTC or National Transmission Company means a company to which assets or liabilities are transferred under section 9.
open narrowcasting television service has the same meaning as in the Broadcasting Services Act.
original asset means an asset transferred from the Commonwealth under section 9.
radiocommunication has the same meaning as in the Radiocommunications Act.
Radiocommunications Act means the Radiocommunications Act 1992.
replacement asset means an asset that is a replacement for:
an original asset; or
an asset that is a replacement asset because of a previous application of this definition.
SBS means the Special Broadcasting Service Corporation.
share, in relation to a company, means a share in the company’s share capital.
site has the same meaning as in Part 5 of Schedule 1 to the Telecommunications Act.
specified, in relation to an asset, liability or instrument, means specified or identified (whether by reference to a class or by any other means).
telecommunications access regime means:
Part XIC of the Competition and Consumer Act (as in force immediately before the commencement of Division 1 of Part 2 of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010); and
any other provisions of the Competition and Consumer Act (as in force immediately before the commencement of Division 1 of Part 2 of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010) that relate to the operation of that Part; and
sections 62 and 68, subsection 70(5) and Parts 30, 31 and 32 of the Telecommunications Act; and
any other provisions of the Telecommunications Act that relate to the operation of the provisions specified in paragraph (c).
Telecommunications Act means the Telecommunications Act 1997.
telecommunications carrier rules means:
Part 1 of Schedule 3 to the Telecommunications Act; and
any other provisions of the Telecommunications Act that relate to the operation of that Part.
telecommunications facility means a facility within the meaning of the Telecommunications Act.
telecommunications transmission tower has the same meaning as in Part 5 of Schedule 1 to the Telecommunications Act.
The Minister may, by legislative instrument, specify:
an area for the purposes of the definition of declared remote area in subsection (1); or
an organisation for the purposes of paragraph (b) of the definition of emergency service organisation in subsection (1).
This Act binds the Crown in the right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
This Act does not make the Crown liable to be prosecuted for an offence.
This Act extends to all the external Territories.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
The Minister for Finance and Administration may, by notice in the Gazette, declare that this section applies to network facilities specified in the notice.
At the end of the day on which the notice is published, any specified network facility that is a fixture on non‑Commonwealth land:
is severed from the land and remains severed; and
vests in the Commonwealth;
by force of this section.
In this section:
network facility means any asset used, or formerly used, by the Commonwealth in connection with the transmission of a broadcasting service.
non‑Commonwealth land means land not owned by the Commonwealth.
If an instrument made or executed before the commencement of this Act was expressed to grant or transfer an interest in land to or from the Commonwealth, then section 9 is to be applied on the basis that the grant or transfer is not invalid, and is taken never to have been invalid, solely because the grant or transfer was not made in accordance with the requirements of the Lands Acquisition Act.
In this section:
interest in land has the same meaning as in the Lands Acquisition Act.
Lands Acquisition Act means the Act for the time being in force relating to the acquisition of land by the Commonwealth and associated matters.
The Minister for Finance and Administration may, by notice in the Gazette, declare all or any of the following, in relation to a company specified in the notice:
a specified Commonwealth asset vests in the company at a time specified in the notice (the transfer time), without any conveyance, transfer or assignment;
at the transfer time, the company becomes the Commonwealth’s successor in law in relation to the transferred asset;
a specified instrument relating to the transferred asset continues to have effect after the transfer time as if a reference in the instrument to the Commonwealth or to the National Transmission Agency were a reference to the company.
The Minister for Finance and Administration may, by notice in the Gazette, declare all or any of the following, in relation to a company specified in the notice:
a Commonwealth liability specified in the notice ceases to be a Commonwealth liability at a time specified in the notice (the transfer time) and becomes a liability of the company;
at the transfer time, the company becomes the Commonwealth’s successor in law in relation to the transferred liability;
a specified instrument relating to the transferred liability continues to have effect after the transfer time as if a reference in the instrument to the Commonwealth or to the National Transmission Agency were a reference to the company.
Declarations in relation to both assets and liabilities may be included in the same notice. The same notice may include declarations in relation to more than one asset or liability.
A declaration under this section has effect according to its terms.
The assets and liabilities that can be transferred under this section include assets and liabilities that consist of rights and obligations under contracts.
In this section:
exempt matter means the transfer of an asset or a liability under section 9 to a company at a time when all the shares in the company are owned by the Commonwealth.
Stamp duty or other tax is not payable under a law of a State or Territory in respect of:
an exempt matter; or
anything done (including a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter.
This section applies if:
any right, title and interest in particular land vests in a company under this Act; and
there is lodged with a land registration official a certificate that:
is signed by an authorised person; and
identifies the land, whether by reference to a map or otherwise; and
states that the right, title and interest has become vested in the company under this Act.
The land registration official may:
register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
deal with, and give effect to, the certificate.
A document that appears to be a certificate under subsection (1) is taken to be such a certificate, and to have been properly given, unless the contrary is established.
In this section:
authorised person means:
the Minister for Finance and Administration; or
a person authorised by the Minister for Finance and Administration, in writing, for the purposes of this section.
The operation of this Part is not to be regarded as:
placing a person in breach of contract or confidence; or
otherwise making a person guilty of a civil wrong; or
placing a person in breach of any contractual provision prohibiting, restricting or regulating:
the assignment or transfer of any asset or liability; or
the disclosure of any information; or
releasing any surety from any of the surety’s obligations in relation to a liability that is transferred to a company under this Part.
Showing the first 12 of 26 provisions. See all provisions