OTC (Conversion into Public Company) Act 1988 No. 129 of 1988 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE OVERSEAS TELECOMMUNICATIONS ACT 1946 3. Principal Act 4. Title 5. Short title 6. Insertion of new sections: 3. Interpretation 4. Operating under a name 4a. Subsidiaries 7. Repeal of section 5 8. Repeal of Part II (other than section 33a) 9. Officers etc. not to divulge contents of telecommunications 10. Insertion of new Part: PART IIa—CREATION OF CAPITAL STRUCTURE AND OTHER STEPS PRIOR TO CONVERSION OF OTC INTO PUBLIC COMPANY 54a. Share capital of OTC 54b. Issue of shares in OTC 54c. OTC to apply to be registered as company etc. 54d. New name of OTC TABLE OF PROVISIONS—continued Section 11. Insertion of new Part: PART IIb—CONVERSION OF OTC INTO PUBLIC COMPANY 54e. OTC taken to be registered under Companies Act 54f. Memorandum and articles of OTC 54g. Membership of OTC 54h. Application of certain provisions of Companies Act 54j. Accounting records 54k. Accounts 54l. Operation of section 25b of Acts Interpretation Act 54m. Effect of Part—summary 12. Repeal of sections 55 to 59 13. Conduct of overseas telecommunications services 14. Licences etc. to become ineffective 15. Repeal of section 62 16. Repeal of Part IV and substitution of new Parts: PART IV—USE OF CERTAIN NAMES 64. Protected body may operate under protected company name 65. Protected body may operate under protected business name 66. Other persons not to use protected names 67. Exceptions for pre-existing rights 68. Use of other names by protected bodies 69. Effect on State and Territory laws PART IVa-STAFF MATTERS 70. Employment of staff members continues after transition 71. Act not to affect certain matters relating to staff members 72. Effect of sections 70 and 71 73. Application of Part IV of Public Service Act PART IVB—TAXATION MATTERS Division 1—Exemption from certain taxes 73a. Interpretation 73b. Exemptions relating to exempt matters 73c. Authorised person may certify in relation to exemptions Division 2—Application of Income Tax Assessment Act 73d. OTC to be taken to have had share capital 17. Repeal of section 74 18. Repeal of section 75 and substitution of new section: 75. Alteration of rates 19. Land-line connections 20. Repeal of section 77 21. Protection from actions 22. Repeal of section 79 and substitution of new sections: 79. OTC not public authority etc. 79a. Judicial notice of OTC's seal 79b. Compensation for acquisition of property 79c. Public Works Committee Act 79d. Lands Acquisition Act TABLE OF PROVISIONS—continued Section PART III—AMENDMENT OF THE MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) ACT 1973 23. Principal Act 24. Interpretation PART IV—CONSEQUENTIAL AMENDMENTS OF OTHER ACTS 25. Consequential amendments SCHEDULE CONSEQUENTIAL AMENDMENTS OF OTHER ACTS OTC (Conversion into Public Company) Act 1988 No. 129 of 1988 An Act to amend the Overseas Telecommunications Act 1946 to convert OTC into a public company, and for other purposes [Assented to 14 December 1988] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the OTC (Conversion into Public Company) Act 1988. Commencement 2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Subsection 8 (1) commences on a day to be fixed by Proclamation for the purposes of this subsection. (3) Subsections 7 (2) and 8 (2) and sections 9, 11 to 22 (inclusive) and 25 commence on a day to be fixed by Proclamation for the purposes of this subsection. (4) Subsection 8 (3) commences immediately after the commencement of section 11. PART II—AMENDMENTS OF THE OVERSEAS TELECOMMUNICATIONS ACT 1946 Principal Act 3. In this Part, "Principal Act" means the Overseas Telecommunications Act 19461. Title 4. The title of the Principal Act is repealed and the following title is substituted: "An Act relating to the constitution of OTC as a public company, and for other purposes". Short title 5. The short title of the Principal Act is amended by omitting "Overseas Telecommunications" and substituting "OTC". 6. After section 2 of the Principal Act the following sections are inserted: Interpretation "3. In this Act, unless the contrary intention appears: 'amount' includes a nil amount; 'articles' means articles of association; 'Australia' includes the external Territories; 'Australian Capital Territory' includes the Jervis Bay Territory; 'authorised person' means: (a) the Minister; or (b) the holder of an authorising office; 'authorising office' means an office, in the Department, which is declared by writing signed by the Minister to be an authorising office for the purposes of this definition; 'employment', in relation to a staff member, means employment by, or service with, OTC; 'group company' means: (a) OTC; or (b) a wholly-owned subsidiary of OTC; 'liability' includes a debt or obligation; 'member', in relation to OTC at any time before the transition, includes a Commissioner; 'memorandum' means memorandum of association; 'operate', in relation to a name, has the meaning given by section 4; 'OTC means the body corporate that, at the commencement of this section, exists, because of subsection 8 (1), under the name 'Overseas Telecommunications Commission (Australia)'; 'overseas message' means a message received from, or intended for transmission to: (a) a place outside Australia; (b) an external Territory; (c) a ship; or (d) a commercial or private aircraft (other than an aircraft trading or operating exclusively within Australia); 'overseas telecommunication service' means a telecommunication service for the conduct of public communications between: (a) Australia and other countries; (b) Australia and external Territories; (c) external Territories; (d) Australia and ships at sea; or (e) Australia and commercial or private aircraft (other than aircraft trading or operating exclusively within Australia); 'property' means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; 'protected body' means a group company that is a trading corporation, or a financial corporation, within the meaning of paragraph 51 (20) of the Constitution; 'protected business name' means any of the following names: (a) 'OTC; (b) 'OTC Australia'; (c) 'OTC International'; (d) 'OTCI'; (e) 'Overseas Telecommunications'; (f) 'Overseas Telecommunications Corporation'; (g) such other names as are prescribed for the purposes of this definition; 'protected company name' means any of the following names: (a) 'OTC Limited'; (b) 'OTC International Limited'; (c) a name consisting only of the words 'Overseas Telecommunications' and words or abbreviations included in the name in order to comply with a law in force in a State or Territory; (d) such other names as are prescribed for the purposes of this definition; 'protected name' means a protected business name or a protected company name; 'protection time', in relation to a protected name, means the time immediately before: (a) in the case of 'OTC and 'OTC Australia'—5 February 1979; (b) in the case of 'OTC International', 'OTCI' and 'OTC International Limited'—10 December 1987; (c) in the case of a name prescribed for the purposes of the definition of 'protected business name' or 'protected company name'—the name first became so prescribed; or (d) in any other case—the commencement of section 16 of the OTC (Conversion into Public Company) Act 1988; 'public communication' means any telecommunication that offices and stations, because of their availability to the public, must accept for transmission; 'registered', in relation to a name, includes reserved; 'share', in relation to a body corporate, means a share in the share capital of the body corporate; 'staff member' means a person who, immediately before the transition, is: (a) the Managing Director of OTC; (b) an officer of OTC; or (c) a temporary or casual employee of OTC; 'subsidiary' has the meaning given by section 4a; 'telecommunication' means any telegraphic or telephonic communication of signs, signals, writing, facsimiles or sounds of any kind by electromagnetic waves or other systems or processes of electric transmission; 'transfer' includes a sale, conveyance or assignment; 'transition' means the commencement of Part IIB; 'wholly-owned subsidiary', in relation to a body corporate (in this definition called the 'holding body'), means a body corporate: (a) that is a subsidiary of the holding body; (b) none of whose members is a person other than: (i) the holding body; (ii) a body corporate that is, under any other application or applications of this definition, a wholly-owned subsidiary of the holding body; or (iii) a nominee of the holding body or of a body of a kind referred to in subparagraph (ii); and (c) no share in which is beneficially owned by a person other than: (i) the holding body; or (ii) a body of a kind referred to in subparagraph (b) (ii). Operating under a name "4. A reference in this Act to a body operating in a State or Territory under a particular name includes a reference to the body engaging in conduct that, for the purposes of a law in force in the State or Territory, constitutes: (a) in any case—using the name in the State or Territory; (b) if the name is the body's name—establishing a place of business, or carrying on business, within the State or Territory; or (c) if paragraph (b) does not apply—carrying on business under the name in the State or Territory. Subsidiaries "4a. For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined under the Companies Act 1981". Repeal of section 5 7. (1) Section 5 of the Principal Act is amended by omitting the definitions of "Australia", "overseas messages", "overseas telecommunication services", "public communication" and "telecommunications". (2) Section 5 of the Principal Act is repealed. Repeal of Part II (other than section 33A) 8. (1) Sections 43 and 44 of the Principal Act are repealed. (2) Divisions 2 to 5 (inclusive) of Part II (other than section 33a) of the Principal Act are repealed. (3) Division 1 of Part II of the Principal Act is repealed. Officers etc. not to divulge contents of telecommunications 9. Section 33a of the Principal Act is amended by omitting from subsections (1) and (2) "the Commission" (wherever occurring) and substituting "OTC". 10. After Part II of the Principal Act the following Part is inserted: "PART IIA—CREATION OF CAPITAL STRUCTURE AND OTHER STEPS PRIOR TO CONVERSION OF OTC INTO PUBLIC COMPANY Share capital of OTC "54a. (1) As from the commencement of this Part, OTC shall have a share capital. "(2) The amount of the share capital shall be equal to the amount that subsection 54b (1) requires to be applied as mentioned in that subsection. "(3) The share capital shall be divided into shares of $1 each. "(4) As from the transition, this section has effect subject to the Companies Act 1981. Issue of shares in OTC "54b. (1) As soon as practicable after the commencement of this Part, OTC shall apply the capital that it has at that commencement in paying up, in full, shares in OTC. "(2) If the amount of the capital is not a multiple of $1, subsection (1) applies as if the amount were reduced to the nearest multiple of $1. "(3) As soon as practicable after complying with subsection (1), OTC shall issue the shares paid up under that subsection: (a) to the Commonwealth; or (b) to nominees of the Commonwealth; as the Minister directs in writing. "(4) The issue of shares under subsection (3) discharges in full OTC's obligations to repay the capital to the Commonwealth. "(5) The shares issued under subsection (3) shall be taken to have been issued for valuable consideration other than cash, being the discharge effected by subsection (4). "(6) A person is not a member of OTC at any time before the transition merely because the person holds shares in OTC. OTC to apply to be registered as company etc. "54c. (1) OTC shall, before the transition: (a) apply to the National Companies and Securities Commission under subsection 85 (1) of the Companies Act 1981 to be registered as a company limited by shares within the meaning of that Act; (b) apply to the National Companies and Securities Commission under subsection 55 (1) of the Companies Act 1981 for the reservation of the name 'OTC Limited'; and (c) lodge with the National Companies and Securities Commission a proposed memorandum, and proposed articles, for OTC. "(2) The application mentioned in paragraph (1) (a) shall, subject to the regulations, be accompanied by the documents required by subsection 85 (4) of the Companies Act 1981 to accompany such an application. "(3) The applications mentioned in paragraphs (1) (a) and (b) shall be made to the National Companies and Securities Commission by delivering them to the office of the Corporate Affairs Commission for the Australian Capital Territory, and the documents mentioned in paragraph (1) (c) and subsection (2) shall be lodged with the National Companies and Securities Commission by lodging them at that office. "(4) OTC shall be taken to be entitled to make the applications referred to in paragraphs (1) (a) and (b), and to lodge the documents mentioned in paragraph (1) (c) and subsection (2). "(5) The National Companies and Securities Commission shall be taken: (a) to have been required to reserve the name 'OTC Limited' under subsection 55 (2) of the Companies Act 1981; and (b) to have so reserved that name immediately after the making of the application mentioned in paragraph (1) (b). New name of OTC "54d. (1) On the day immediately before the transition, OTC's name is, by force of this subsection, changed to 'OTC Limited'. "(2) Subsection 65 (5) of the Companies Act 1981 applies in relation to the change of name made by subsection (1) as if: (a) OTC were a company, within the meaning of that Act, when the change was made; and (b) the change were made under that Act. "(3) This section has effect in spite of anything in the Companies Act 1981, but nothing in this section prevents: (a) OTC from later changing its name under section 65 of that Act; or (b) the cancellation, under Division 2 of Part III of that Act, of the registration of a name.". 11. Before Part III of the Principal Act the following Part is inserted: "PART IIb—CONVERSION OF OTC INTO PUBLIC COMPANY OTC taken to be registered under Companies Act "54e. (1) The National Companies and Securities Commission shall be taken: (a) to have been required to grant the application mentioned in paragraph 54c (1) (a) and to register OTC as a company under subsection 86 (2) of the Companies Act 1981; (b) to have granted the application at the commencement of this Part; (c) to have so registered OTC, at the commencement of this Part: (i) by the name 'OTC Limited'; and (ii) in accordance with subsections 86 (3) and (4) of that Act, as a public company, and as a company limited by shares, within the meaning of that Act; and (d) to have registered the name 'OTC Limited' in relation to OTC at the commencement of this Part, under subsection 55 (4) of the Companies Act 1981. "(2) The date of commencement of OTC's registration as a company under Division 4 of Part III of the Companies Act 1981 shall be taken to be the day of commencement of this Part. "(3) For the purposes of Division 4 of Part III of the Companies Act 1981, OTC shall be taken to have been on the day before the commencement of this Part, and to be at that commencement, a corporation within the meaning of that Act. Memorandum and articles of OTC "54f. (1) As from the commencement of this Part, the proposed memorandum, and the proposed articles, lodged under paragraph 54c (1) (c): (a) are respectively the memorandum, and the articles, of OTC; and (b) bind OTC and its members accordingly. "(2) As from the commencement of this Part, the Companies Act 1981 applies in relation to OTC's memorandum and articles as if they had been registered as such under that Act. Membership of OTC "54g. (1) A person who immediately before the commencement of this Part was, or was acting as, a member of OTC ceases at that commencement to be, or to act as, such a member. "(2) Each person who holds shares in OTC at the commencement of this Part becomes, by force of this subsection, a member of OTC at that commencement. "(3) A person referred to in subsection (2) is, in relation to membership of OTC, entitled to the same rights, privileges and benefits, and is subject to the same duties, liabilities and obligations, as if the person had become a member of OTC under OTC's memorandum and articles. Application of certain provisions of Companies Act "54h. (1) Where all the shares in OTC are beneficially owned by the Commonwealth, subsection 82 (1), and paragraph 364 (1) (d), of the Companies Act 1981 do not apply in relation to OTC, and subsection 244 (6) of that Act applies in relation to OTC as if: (a) the Commonwealth were a holding company, within the meaning of that subsection, of OTC; (b) the Commonwealth held the whole of the issued shares in OTC; and (c) the Minister were a representative of the Commonwealth authorised under subsection 244 (3) of that Act. "(2) Paragraph 86 (6) (b) and subsections 87 (4) and 90 (5) of the Companies Act 1981 do not apply in relation to OTC. "(3) For the purposes of section 360 of the Companies Act 1981, a person is not a past member of OTC merely because he or she was a member of OTC, or acted as a member of OTC, before the commencement of this Part. Accounting records "54j. For the purposes of the Companies Act 1981, accounts and records kept under section 49 of this Act shall be taken to be accounting records kept by OTC under a provision of a previous law of the Australian Capital Territory, being a provision corresponding to section 267 of the Companies Act 1981. Accounts "54k. (1) This section has effect for the purposes of: (a) the Companies Act 1981; and (b) the Companies (Transitional Provisions) Act 1981 as it applies in relation to, and in relation to persons and matters associated with, OTC because of subsection 90 (6) of the Companies Act 1981. "(2) A report and financial statements that were prepared under section 53 of this Act in relation to a period and furnished to the Minister on a particular day shall be taken to be a profit and loss account of OTC that was: (a) made out in relation to that period; and (b) laid before the body at an annual general meeting of the body held on that day. Operation of section 25b of Acts Interpretation Act "54l. Nothing in this Act or in the Companies Act 1981 affects, or is affected by, section 25b of the Acts Interpretation Act 1901 as that section applies in relation to OTC. Effect of Part—summary "54m. After the commencement of this Part: (a) OTC is a company registered under the Companies Act 1981; (b) OTC's name is 'OTC Limited'; (c) OTC is a public company, and a company limited by shares, within the meaning of that Act; and (d) that Act applies, subject to this Act, in relation to OTC". Repeal of sections 55 to 59 12. Sections 55 to 59 (inclusive) of the Principal Act are repealed. Conduct of overseas telecommunications services 13. Section 60 of the Principal Act is amended by omitting "the Commission" (wherever occurring) and substituting "OTC". Licences etc. to become ineffective 14. Section 61 of the Principal Act is amended by omitting "the Commission" and substituting "OTC". Repeal of section 62 15. Section 62 of the Principal Act is repealed. 16. Part IV of the Principal Act is repealed and the following Parts are substituted: "PART IV—USE OF CERTAIN NAMES Protected body may operate under protected company name "64. A protected body whose name is a protected company name may operate under the name in a State or Territory even if the name is not registered in relation to the body under a particular law, or any law, in force in the State or Territory. Protected body may operate under protected business name "65. (1) A protected body may operate under a protected business name in a State or Territory even if the name is not registered in relation to the body under a particular law, or any law, in force in the State or Territory. "(2) Nothing in this section permits more than one body to operate under the same name at the same time in the same State or Territory. Other persons not to use protected names "66. (1) A person other than a protected body shall not: (a) use in relation to a business, trade, profession or occupation; (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or (d) use in relation to: (i) goods or services; or (ii) the promotion, by any means, of the supply or use of goods or services; a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it. Penalty: $1,000. "(2) Nothing in subsection (1) limits anything else in that subsection. Exceptions for pre-existing rights "67. (1) Nothing in section 66, so far as it applies in relation to a particular protected name, affects rights conferred by law on a person in relation to: (a) a trade mark that is registered under the Trade Marks Act 1955; or (b) a design that is registered under the Designs Act 1906; and was so registered at the protection time in relation to the name. "(2) Nothing in section 66, so far as it applies in relation to a particular protected name, affects the use, or rights conferred by law relating to the use, of a name (in this subsection called the 'relevant name') by a person in a particular manner if, at the protection time in relation to the protected name, the person: (a) was using the relevant name in good faith in that manner; or (b) would have been entitled to prevent another person from passing off, by means of the use of the relevant name or a similar name, goods or services as the goods or services of the first-mentioned person. Use of other names by protected bodies "68. This Part does not prevent a protected body from operating in a State or Territory under a name other than a protected name. Effect on State and Territory laws "69. This Part does not prevent a protected body from registering a name under a law of a State or Territory. "PART IVA—STAFF MATTERS Employment of staff members continues after transition "70. Each staff member continues at and after the transition to be employed by OTC. Act not to affect certain matters relating to staff members "71. (1) This section has effect for the purposes of the application, at any time at or after the transition, of a law, award, determination or agreement in relation to the employment of a staff member. "(2) Neither his or her contract of employment, nor his or her period of employment, shall be taken to have been broken by the operation of this Act. "(3) Without limiting section 70 or subsection (2) of this section, this Act does not affect any accrued rights that the staff member had immediately before the transition in relation to any kind of leave. "(4) Where: (a) if the staff member had, immediately before the transition, ceased to be employed by OTC, it would have been necessary to take into account a period during which the staff member was employed by OTC or any other person to determine: (i) an amount payable to the staff member; or (ii) a benefit to which the staff member would have been entitled; because of his or her so ceasing; and (b) but for this subsection, some or all of that period would not have to be taken into account as a period during which the staff member was employed by OTC; OTC shall treat the whole of the first-mentioned period as a period during which the staff member was employed by it. Effect of sections 70 and 71 "72. Sections 70 and 71 are enacted only for the avoidance of doubt and, in particular, do not limit subsection 65 (5) or 87 (2) of the Companies Act 1981. Application of Part IV of Public Service Act "73. For the purposes of the application, after the transition, of Part IV of the Public Service Act 1922 in relation to a staff member, OTC shall be taken to be declared, by regulations in force under that Act, to be a Commonwealth authority for the purposes of that Part. "PART IVb—TAXATION MATTERS "Division 1—Exemption from certain taxes Interpretation "73a. In this Division: 'exempt matter' means: (a) the issue of shares under subsection 54b (3); (b) the reservation of name made by paragraph 54c (5) (b); (c) the change of name made by subsection 54d (1); (d) OTC's registration as a company by force of this Act; (e) the operation of this Act; or (f) giving effect to a matter referred to in another paragraph of this definition or otherwise giving effect to this Act; 'tax' includes: (a) sales tax; (b) tax imposed by the Debits Tax Act 1982; (c) fees payable under the Companies (Fees) Act 1981; (d) stamp duty; and (e) any other tax, fee, duty, levy or charge; but does not include income tax imposed as such by a law of the Commonwealth. Exemptions relating to exempt matters "73b. Tax under a law of the Commonwealth or a State or Territory is not payable in relation to: (a) an exempt matter; or (b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, an exempt matter. Authorised person may certify in relation to exemptions "73c. (1) An authorised person may, by signed writing, certify that: (a) a specified matter or thing is an exempt matter; or (b) a specified thing was done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a specified exempt matter. "(2) For all purposes and in all proceedings, a certificate under subsection (1) is conclusive evidence of the matters certified, except so far as the contrary is established. "Division 2—Application of Income Tax Assessment Act OTC to be taken to have had share capital "73d. For the purposes of the Income Tax Assessment Act 1936, OTC shall be taken to have had, at all times before it complies with subsection 54b (3) of this Act, a share capital, all the issued shares in which were, at all such times, beneficially owned by the Commonwealth.". Repeal of section 74 17. Section 74 of the Principal Act is repealed. 18. Section 75 of the Principal Act is repealed and the following section is substituted: Alteration of rates "75. OTC shall obtain the approval of the Minister before altering: (a) the rates charged in Australia for telephone calls or telegrams transmitted over the overseas telecommunications services operated by it; or (b) the apportionment of those rates.". Land-line connections 19. Section 76 of the Principal Act is amended: (a) by omitting "specified in section thirty-four of this Act" and substituting "provided by OTC"; (b) by omitting "the Commission" (wherever occurring) and substituting "OTC". Repeal of section 77 20. Section 77 of the Principal Act is repealed. Protection from actions 21. Section 78 of the Principal Act is amended by omitting "the Commission" (wherever occurring) and substituting "OTC". 22. Section 79 of the Principal Act is repealed and the following sections are substituted: OTC not public authority etc. "79. OTC, as it exists after the transition, shall be taken for the purposes of a law of the Commonwealth or a State or Territory: (a) not to have been incorporated or established for a public purpose or for a purpose of the Commonwealth; (b) not to be a public authority or an instrumentality or agency of the Crown; and (c) not to be entitled to any immunity or privilege of the Commonwealth; except so far as express provision is made by a law of the Commonwealth, State or Territory, as the case may be, or the regulations otherwise provide. Judicial notice of OTC's seal "79a. (1) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of OTC appearing on a document and shall presume that it was duly affixed. "(2) Subsection (1) applies only in relation to an imprint that was affixed, or appears to have been affixed, before the transition. Compensation for acquisition of property "79b. (1) Where, but for this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by OTC such reasonable amount of compensation as is agreed on between the person and OTC or, failing agreement, as is determined by a court of competent jurisdiction. "(2) Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than under this section shall be taken into account in assessing compensation payable in proceedings that are instituted under this section and that arise out of the same event or transaction. "(3) In this section, 'acquisition of property' and 'just terms' have the same respective meanings as in paragraph 51 (31) of the Constitution. Public Works Committee Act "79c. The Public Works Committee Act 1969 does not apply in relation to OTC. Lands Acquisition Act "79d. (1) The Lands Acquisition Act 1955 does not apply in relation to the acquisition of land, or an interest in land, by OTC by agreement. "(2) In subsection (1): 'interest', in relation to land, means: (a) a legal or equitable estate or interest in the land; or (b) a right, power or privilege over, or in relation to, the land.". PART III—AMENDMENT OF THE MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) ACT 1973 Principal Act 23. In this Part, "Principal Act" means the Maternity Leave (Commonwealth Employees) Act 19732. Interpretation 24. Section 3 of the Principal Act is amended by omitting the definition of "prescribed authority" and substituting the following definition: " 'prescribed authority' means: (a) a body corporate (other than an incorporated company, society or association) that is incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory) and is declared by the regulations to be a body corporate in relation to which this Act applies; (b) an unincorporated body that is established for a public purpose by a law of the Commonwealth or of a Territory (other then the Northern Territory) and is declared by the regulations to be an unincorporated body in relation to which this Act applies; or (c) a company that: (i) is incorporated under a law of the Commonwealth or a law in force in a State or Territory; (ii) is a trading corporation, or a financial corporation, within the meaning of paragraph 51 (20) of the Constitution; and (iii) is declared by the regulations to be a body corporate in relation to which this Act applies.". PART IV—CONSEQUENTIAL AMENDMENTS OF OTHER ACTS Consequential amendments 25. The Acts specified in the Schedule are amended as set out in the Schedule. ————— SCHEDULE Section 25 CONSEQUENTIAL AMENDMENTS OF OTHER ACTS Commonwealth Borrowing Levy Act 1987 Schedule (item 17): Omit "Overseas Telecommunications Commission (Australia)", substitute "OTC Limited". Freedom of Information Act 1982 Part II of Schedule 2: Omit "Overseas Telecommunications Commission", substitute "OTC Limited". Postal Services Act 1975 Paragraph 10a (2) (b) Omit "Overseas Telecommunications Commission (Australia)", substitute "OTC Limited". Sales Tax Assessment Act (No. 1) 1930 Schedule 2: Omit "Overseas Telecommunications Commission". Satellite Communications Act 1984 Paragraph 18 (3) (c): Omit the paragraph, substitute the following paragraph: "(c) OTC Limited; or". SCHEDULE—continued Telecommunications Act 1975 Paragraph 94 (2) (h): Omit the paragraph, substitute the following paragraph: "(h) by OTC Limited in relation to telecommunications installations and systems owned and operated by it for communications between Australia and overseas.". NOTES 1. No. 23, 1946, as amended. For previous amendments, see No. 69, 1952; No. 26, 1958; No. 85, 1963; No. 93, 1966; Nos. 31 and 139, 1968; No. 9, 1971; No. 216, 1973; No. 56, 1975; No. 37, 1976; No. 36, 1978; No. 19, 1979; No. 177, 1980; Nos. 61 and 115, 1981; Nos. 66 and 80, 1982; Nos. 39, 91, 92 and 136, 1983; Nos. 18, 63, 72 and 165, 1984; Nos. 65 and 119, 1985; No. 76, 1986; No. 69, 1987; and No. 36, 1988. 2. No. 72, 1973, as amended. For previous amendments, see No. 168, 1978; and No. 155, 1979. [Minister's second reading speech made in— House of Representatives on 12 October 1988 Senate on 8 November 1988]