(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

12 December 2019

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

The amendment made by item 1 of this Schedule applies in relation to each eligible financial year that begins after the commencement of that item.

4 Supplementary transitional support payment

(1) There is payable by the Commonwealth to Network Investments Pty Ltd (thecompany) an amount worked out by multiplying $187,000 by the number of eligible financial years that began before the commencement of this Schedule.

(2) The payment is subject to the condition that, if the company ceases to be the holder of a commercial television broadcasting licence at a time (the cessation time) during the commencement financial year, the company will repay to the Commonwealth the amount worked out using the formula:

where:

days in commencement financial year means the number of days in the commencement financial year.

days in non‑licence period means the number of days in the period:

(a) beginning at the start of the day after the cessation time; and

(b) ending at the end of the commencement financial year.

(3) The payment is subject to the condition that the company will:

(a) spend the amount of the payment (reduced by any amount payable by the company under subitem (2)) in connection with the provision by the company of broadcasting services authorised by the commercial television broadcasting licence held by the company; and

(b) do so before the end of the financial year following the commencement financial year.

(4) The payment is subject to the condition that the company will:

(a) give the Secretary a written statement declaring that the company has complied with the condition set out in subitem (3); and

(b) do so no later than 28 days after the end of the financial year following the commencement financial year.

(5) The payment is subject to the condition that, if the company does not fulfil a condition to which the payment is subject under subitem (3) or (4), the company will, if the Secretary so determines, repay to the Commonwealth the amount specified in the determination.

(6) The amount specified in the determination under subitem (5) must not be more than the amount of the payment (reduced by any amount payable by the company under subitem (2)).

(7) A determination made under subitem (5) is not a legislative instrument.

(8) An amount payable by the company to the Commonwealth under this item:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Secretary, on behalf of the Commonwealth, in:

(i) the Federal Court of Australia; or

(ii) the Federal Circuit Court of Australia; or

(iii) a court of a State or Territory that has jurisdiction in relation to the matter.

5 Delegation by the Secretary

(1) The Secretary may, by writing, delegate any or all of the Secretary’s powers under this Part to an SES employee, or acting SES employee, in the Department.

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

(2) In exercising powers under a delegation under subitem (1), the delegate must comply with any directions of the Secretary.

• The Minister may make grants of financial assistance for purposes in connection with research into the social, economic, environmental or technological implications of developments relating to telecommunications.

insert:

• Losses incurred by Optus Networks before 1 February 1992 may not be claimed as deductions.

(1) This section applies in relation to Optus Networks Pty Limited (ACN 008 570 330) (Optus Networks) (whether or not its name is changed).

(2) Optus Networks cannot deduct from its assessable income for a year of income ending on or after 1 February 1992 a loss (or a part of a loss) incurred in a year of income ending on or before 1 February 1992.

(3) Subsection (2) has effect despite anything in the Income Tax Assessment Act 1936, in particular, sections 79E, 79F, 80, 80AAA and 80AA of that Act as in force before 14 September 2006.

(4) Optus Networks cannot deduct from its assessable income for the 1997‑98 income year, or a later income year, a tax loss (or a part of a tax loss) incurred in an income year ending on or before 1 February 1992.

(5) Subsection (4) has effect despite anything in the Income Tax Assessment Act 1997, in particular Division 36 of that Act.

(6) An expression has the same meaning in this section as it has in the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997.

(b) the use of numbers in connection with the supply of such services; and

(c) the specification, allocation and issuing of numbers for that use.

numbering scheme manager: see subsection 454A(2).

numbering scheme principles: see subsection 454C(2).

5 Subsection 285(2) (definition of public number)

Omit “in the numbering plan as mentioned in subsection 455(3)”, substitute “for use in connection with the supply of carriage services to the public in Australia (within the meaning of subsection 456(2))”.

6 Subparagraph 286(c)(v)

Repeal the subparagraph, substitute:

(v) if there is a numbering scheme manager—a service specified by the ACMA for the purposes of this subparagraph in a legislative instrument; or

(va) if there is no numbering scheme manager—a service specified for the purposes of this subparagraph in the numbering plan made by the ACMA; or

7 Subparagraph 286(c)(vi)

Omit “or (v)”, substitute “, (v) or (va)”.

8 Section 454

Omit:

• The ACMA is required to make a plan for:

(a) the numbering of carriage services in Australia; and

(b) the use of numbers in connection with the supply of such services.

• The plan is called the numbering plan.

substitute:

• The numbering of carriages services in Australia, and the use of numbers in connection with the supply of such services, may either be:

(a) managed by a numbering scheme manager determined by the Minister; or

(1) The Minister may, by legislative instrument, determine that a specified person is to manage the numbering scheme.

(2) The person is the numbering scheme manager.

(3) The Minister must not determine a person as the numbering scheme manager unless the Minister is satisfied that the person will manage the numbering scheme in accordance with the numbering scheme principles.

(4) Before determining a person as the numbering scheme manager, the Minister must consult with the ACMA and the ACCC.

(1) The Minister may, by legislative instrument, direct the numbering scheme manager to amend the rules or change the processes of the numbering scheme.

(2) The direction must be consistent with the numbering scheme principles.

Directions by the ACMA or the ACCC

(3) The ACMA or the ACCC may, by legislative instrument, direct the numbering scheme manager to do, or refrain from doing, a specified act or thing in relation to the management of the numbering scheme.

(4) The direction must be consistent with the numbering scheme principles and the rules and processes of the numbering scheme.

(5) Before the ACMA gives a direction under this section, it must consult with the Minister, the ACCC and the numbering scheme manager.

(6) Before the ACCC gives a direction under this section, it must consult with the Minister, the ACMA and the numbering scheme manager.

Numbering scheme manager must comply with directions

(7) The numbering scheme manager must comply with a direction under this section.

(8) Subsection (7) is a civil penalty provision.

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

(1) The ACMA may, by writing, delegate any or all of the powers conferred on the ACMA by the numbering plan to a body corporate.

(2) If, under section 50 of the Australian Communications and Media Authority Act 2005, the ACMA has delegated a power referred to in subsection (1) to a Division of the ACMA:

(a) the Division may delegate the power to a body corporate; and

(b) subsections 52(2), (3), (4), (5) and (6) of the Australian Communications and Media Authority Act 2005 have effect as if the delegation by the Division were a delegation under section 52 of that Act.

(3) The delegate is, in the exercise of a delegated power, subject to the written directions of:

(a) the ACMA, if the delegation to the delegate was under subsection (1); or

(b) the Division that delegated the power, if the delegation to the delegate was under subsection (2).

(4) Before giving a direction under subsection (3), the ACMA or the Division (as the case requires) must consult the ACCC.

(5) The powers conferred on the ACMA by subsection (1), and on a Division of the ACMA by subsection (2), are in addition to the powers conferred by sections 50, 51 and 52 of the Australian Communications and Media Authority Act 2005.

(1) This section applies if the ACMA is satisfied that it is necessary to make or vary a numbering plan as a matter of urgency to ensure that numbering of carriage services and the use of numbers are properly managed in the absence of a numbering scheme manager.

(2) In the circumstances described in subsection (1):

(a) the ACMA is not required to comply with section 460 before making or varying a plan; and

(b) the ACMA is not required to consult the ACCC in accordance with subsection 461(1) if it is not practicable to do so.

(3) If a numbering plan is made or varied in the circumstances described in subsection (1), the plan ceases to have effect 12 months after it was made or varied.

(4) Subsection (3) does not prevent the ACMA from repealing the plan and making another numbering plan after complying with section 460 and subsection 461(1).

(1) A delegation under subsection 467(1) of the Telecommunications Act 1997 that was in force immediately before the commencement of this Schedule has effect immediately after that commencement as if it had been made under subsection 459A(1) of that Act.

(2) A delegation under paragraph 467(1A)(a) of the Telecommunications Act 1997 that was in force immediately before the commencement of this Schedule has effect immediately after that commencement as if it had been made under paragraph 459A(2)(a) of that Act.

The amendments of section 127 of the Broadcasting Services Act 1992 made by this Schedule do not apply in relation to a determination, variation or revocation of a standard if a notice relating to that determination, variation or revocation was published under that section before the commencement of this item.

The amendments of clause 33 of Schedule 6 to the Broadcasting Services Act 1992 made by this Schedule do not apply in relation to a determination, variation or revocation of a standard if a notice relating to that determination, variation or revocation was published under that clause before the commencement of this item.

• The rule about the installation of a fixed‑line facility does not apply if NBN Co has issued a statement to the effect that neither it nor any other NBN corporation has installed, is installing, or proposes to install, optical fibre lines in the project area.

2 Section 372A

Omit:

• The rule about selling or leasing a building lot or building unit does not apply if NBN Co has issued a statement to the effect that neither it nor any other NBN corporation has installed, is installing, or proposes to install, optical fibre lines in the project area.