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s 63A

Conditions of a carrier licence held by Telstra Limited

In force
Volume 1s 1-310
Part 3Carriers
Division 3Carrier licences

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.

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Section 63A — Conditions of a carrier licence held by Telstra Limited — Telecommunications Act 1997 (Commonwealth) — Barrister AI