Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005
Note: An electronic version of this Act is available in SCALEplus (http://scaleplus.law.gov.au/html/comact/browse/TOCN.htm)
1 Short title...........................................................................................2 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................4
Schedule 1—Amendments commencing on the establishment of the ACMA (other than general amendments to change abbreviated references) 5 Australian Broadcasting Corporation Act 1983 5 Australian Communications Authority Act 1997 5 Broadcasting Services Act 1992 5 Copyright Act 1968 10 Film Licensed Investment Company Act 1998 10 Financial Management and Accountability Regulations 1997 10 Freedom of Information Act 1982 11 Income Tax Assessment Act 1997 11 Interactive Gambling Act 2001 11 Radiocommunications Act 1992 12 Remuneration and Allowances Act 1990 20 Spam Act 2003 21 Special Broadcasting Service Act 1991 21 Telecommunications Act 1997 21 Telecommunications (Consumer Protection and Service Standards) Act 1999 27 Telstra Corporation Act 1991 27 Trade Practices Act 1974 28
Schedule 2—General amendments to change abbreviated references 29 Australian Broadcasting Corporation Act 1983 30 Broadcasting Services Act 1992 30 Interactive Gambling Act 2001 30 Radiocommunications Act 1992 30 Radiocommunications Taxes Collection Act 1983 30 Spam Act 2003 30
Special Broadcasting Service Act 1991 30 Telecommunications Act 1997 30 Telecommunications (Consumer Protection and Service Standards) Act 1999 30 Telstra Corporation Act 1991 30 Trade Practices Act 1974 30 Schedule 3—Other amendments 31 Criminal Code Act 1995 31 Ombudsman Act 1976 31 Schedule 4—Transitional provisions 33 Part 1—Preliminary 33 Part 2—Assets, liabilities and legal proceedings 35 Part 3—References to, and things done by or in relation to, ABA or ACA 38 Part 4—Reporting obligations 43 Part 5—Miscellaneous 45
An Act to amend laws, and to deal with transitional matters, in connection with the Australian Communications and Media Authority Act 2005, and for related purposes
[Assented to 1 April 2005]
This Act may be cited as the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005.
(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 | |
Provision(s) | Commencement | Date/Details | |
1. Sections 1 to 3 and anything in this Act not | The day on which this Act receives the Royal Assent. | 1 April 2005 | |
elsewhere covered | |||
by this table | |||
2. Schedule 1 | At the same time as section 6 of the Australian Communications and Media | 1 July 2005 | |
Authority Act 2005 commences. | |||
3. Schedule 2 | Immediately after the commencement of the provision(s) covered by table item 2. | 1 July 2005 |
4. Schedule 3, items 1 and 2
The later of:
(a) the commencement of section 6 of the Australian Communications and Media Authority Act 2005; and
(b) immediately after the commencement of item 1 of Schedule 1 to the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004.
1 July 2005 (paragraph (a) applies)
Commencement information | ||
---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
5. Schedule 3, items 3 and 4
The later of:
(a) the commencement of section 6 of the Australian Communications and Media Authority Act 2005; and
(b) immediately after the commencement of item 2 of Schedule 1 to the Postal Industry Ombudsman Act 2005.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
6 October 2006 (paragraph (b) applies)
6. Schedule 3, | At the same time as section 6 of the | 1 July 2005 |
---|---|---|
items 5 and 6 | Australian Communications and Media | |
Authority Act 2005 commences. |
7. Schedule 3, item 7
At the same time as section 6 of the
Australian Communications and Media
Authority Act 2005 commences. However, if item 10 of Schedule 1 to the Postal Industry Ombudsman Act 2005 has commenced on or before that time, the provision(s) do not commence at all.
1 July 2005
8. Schedule 3, | At the same time as section 6 of the | 1 July 2005 |
---|---|---|
item 8 | Australian Communications and Media | |
Authority Act 2005 commences. |
9. Schedule 3, items 9, 10 and 11 The later of:
(a) the commencement of section 6 of the Australian Communications and Media Authority Act 2005; and
(b) immediately after the commencement of item 11 of Schedule 1 to the Postal Industry Ombudsman Act 2005.
However, if item 11 of Schedule 1 to the Postal Industry Ombudsman Act 2005 does not commence, the provision(s) do not commence at all.
6 October 2006 (paragraph (b) applies)
10. Schedule 4 At the same time as section 6 of the 1 July 2005 Australian Communications and Media Authority Act 2005 commences.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
1 Subsection 3(1) (definition of ABA)
Repeal the definition.
2 Subsection 3(1)
Insert:
ACMA means the Australian Communications and Media
Authority.
3 Subparagraph 6(2)(a)(ii)
Omit “Australian Broadcasting Authority”, substitute “ACMA”.
4 Paragraph 8(1)(e)
Omit “Australian Broadcasting Authority”, substitute “ACMA”.
5 The whole of the Act
Repeal the Act.
6 Paragraph 5(3)(a)
Repeal the paragraph.
7 Subsection 6(1) (definition of ABA)
Repeal the definition.
8 Subsection 6(1) (definition of ACA)
Repeal the definition.
9 Subsection 6(1)
Insert:
ACMA means the Australian Communications and Media Authority.
10 Subsection 6(1)
Insert: Chair means the Chair of the ACMA.
11 Subsection 6(1) (definition of Chairperson)
Repeal the definition.
12 Subsection 6(1) (definition of Deputy Chairperson)
Repeal the definition.
13 Subsection 6(1) (definition of member)
Repeal the definition, substitute: member means a member of the ACMA.
14 Section 93
Repeal the section.
15 Subsection 96(1)
Omit “other than a licence referred to in section 93”.
16 Subsections 96(3), (3A) and (3B)
Repeal the subsections.
17 Subsection 97(1)
Omit “93 or”.
18 Sections 98A, 98B and 98C
Repeal the sections.
19 Subsection 99(3)
Repeal the subsection.
20 Subsection 99(4)
Omit “otherwise than as a result of a direction under subsection (3)”.
21 Sections 101 and 103
Repeal the sections.
22 Subsection 121FK(3)
Repeal the subsection.
23 Subsections 121FL(2), (4) and (7)
Repeal the subsections.
24 Subsection 121FLH(6)
Repeal the subsection.
25 Subsection 121FQ(2)
Repeal the subsection.
26 Part 12
Repeal the Part.
27 Subsection 168(1)
Omit “functions”, substitute “broadcasting, content and datacasting functions (as defined in the Australian Communications and Media Authority Act 2005)”.
28 Subsection 168(2)
Omit “its”, substitute “those”.
29 Section 169
After “any matter”, insert “relating to the functions referred to in subsection 168(1)”.
30 Section 170
Omit “functions and”, substitute “broadcasting, content and datacasting functions (as defined in the Australian Communications and Media Authority Act 2005) and related”.
31 Section 181
Repeal the section.
32 Section 182
Omit “functions or”, substitute “broadcasting, content and datacasting functions (as defined in the Australian Communications and Media Authority Act 2005) and related”.
33 Section 191
Omit “Chairperson”, substitute “Chair”.
34 Section 192
Omit “Chairperson” (wherever occurring), substitute “Chair”.
35 Subsection 193(1)
Omit “Chairperson” (wherever occurring), substitute “Chair”.
36 Section 194
Omit “Chairperson” (wherever occurring), substitute “Chair”.
37 Subsection 205B(5) (definition of authorised officer)
Omit “an associate member”.
38 Sections 216D and 216E
Repeal the sections.
39 Schedule 3
Repeal the Schedule.
40 Clause 2 of Schedule 4 (definition of ACA)
Repeal the definition.
41 Subclause 8(1) of Schedule 4
Omit “requiring the ACA to issue”, substitute “the issue of”.
42 Paragraph 8(4)(b) of Schedule 4
Omit “requiring the ACA to”, substitute “the”.
43 Paragraph 8(4)(b) of Schedule 4
After “period,”, insert “of”.
44 Subclauses 8(8) and (10A) of Schedule 4
Omit “requiring the ACA to issue”, substitute “the issue of”.
45 Subclause 8(11) of Schedule 4
Omit “requiring the ACA to vary”, substitute “the variation of”.
46 Paragraph 18(d) of Schedule 4
Repeal the paragraph.
47 Subclause 23(1) of Schedule 4
Omit “requiring the ACA to issue”, substitute “the issue of”.
48 Paragraph 23(4)(b) of Schedule 4
Omit “requiring the ACA to”, substitute “the”.
49 Paragraph 23(4)(b) of Schedule 4
After “period,”, insert “of”.
50 Subclauses 23(8) and (10A) of Schedule 4
Omit “requiring the ACA to issue”, substitute “the issue of”.
51 Subclause 23(11) of Schedule 4
Omit “requiring the ACA to vary”, substitute “the variation of”.
52 Paragraph 33(d) of Schedule 4
Repeal the paragraph.
53 Clauses 53, 59, 59A and 60C of Schedule 4
Repeal the clauses.
54 Clause 61 of Schedule 4
Repeal the clause.
55 Paragraphs 62(1)(c) and (3)(b) of Schedule 4
Omit “requiring the ACA”.
56 Paragraph 89(1)(d) of Schedule 5
Omit “the ABA’s functions”, substitute “the ACMA’s broadcasting, content and datacasting functions (as defined in the Australian Communications and Media Authority Act 2005)”.
57 Paragraph 89(1)(e) of Schedule 5
Omit “under subsection 165(3)”, substitute “under paragraph 55(1)(a) of the Australian Communications and Media Authority Act 2005”.
58 Clause 61 of Schedule 6
Repeal the clause.
59 Subsection 152(1) (paragraphs (b) and (c) of the definition of broadcaster)
Omit “Australian Broadcasting Authority”, substitute “Australian Communications and Media Authority”.
60 Paragraphs 152(8)(a) and (9)(a)
Omit “Australian Broadcasting Authority”, substitute “Australian Communications and Media Authority”.
61 Paragraph 184(1)(f)
Omit “Australian Broadcasting Authority”, substitute “Australian Communications and Media Authority”.
62 Subsection 199(7)
Omit “Australian Broadcasting Authority”, substitute “Australian Communications and Media Authority”.
63 Subparagraphs 25(a)(i) and (ii)
Omit “Australian Broadcasting Authority”, substitute “Australian Communications and Media Authority”.
64 Part 1 of Schedule 1 (after table item 107)
Insert: 107A Australian Communications and Media Authority Chair (the ACMA), comprising:
Australian Communications and Media Authority Act 2005; and
(c) persons whose services are made available for the purposes of the ACMA under subsection 55 (1) of that Act
See Note B
65 Division 1 of Part II of Schedule 2
Omit “Australian Broadcasting Authority”, substitute “Australian Communications and Media Authority”.
66 Subsection 40-120(1) (example)
Omit “Australian Communication Authority”, substitute “Australian Communications and Media Authority”.
67 Subsection 995-1(1) (definition of ACA)
Repeal the definition.
Interactive Gambling Act 2001
68 Section 4 (definition of ABA)
Repeal the definition.
69 Section 4
Insert: ACMA means the Australian Communications and Media Authority.
70 Paragraphs 66(1)(d), (e) and (f)
Repeal the paragraphs.
71 Section 5 (definition of ABA)
Repeal the definition.
72 Section 5 (definition of ACA)
Repeal the definition.
73 Section 5
Insert:
ACMA means the Australian Communications and Media Authority.
74 Section 5
Insert:
75 Section 31
Repeal the section, substitute:
inconsistent with paragraph (a). This subsection has effect subject to subsection (4).
76 Subsection 32(2)
Repeal the subsection, substitute:
(2) However, if a frequency band plan relates to a frequency band that is:
the frequency band plan must be consistent with the frequency allotment plan.
77 Subsection 36(5)
Omit “an agreement”, substitute “a determination”.
78 Paragraph 67(a)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
79 Paragraph 100(2)(b)
Omit “an agreement made between the ACA and the ABA”, substitute “a determination”.
80 Section 102B
Repeal the section, substitute:
The ACMA must not issue a datacasting transmitter licence to a
person unless:
81 Subsections 106(6A), (6B) and (6C)
Repeal the subsections, substitute:
(6A) The ACMA must not issue a datacasting transmitter licence under a system so determined if the ACMA is satisfied that the issue of the licence would result in a breach of one or more of the BSA control rules.
82 Subparagraph 107(1)(c)(i)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
83 Subparagraph 109(1)(b)(i)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
84 Subparagraph 109A(1)(b)(i)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
85 Subsection 114(5)
Repeal the subsection.
86 Paragraph 118(1)(c)
Omit “128C(2)”, substitute “128C(1)”.
87 Paragraph 118(1)(d)
Omit “or 128D(2)”, substitute “, or section 128D,”.
88 After subsection 122A(1)
Insert:
(1A) If, under section 50 of the Australian Communications and Media Authority Act 2005, the ACMA has delegated the power referred to in subsection (1) of this section to a Division of the ACMA, the following provisions have effect:
89 Subsection 122A(2)
Omit “to the ACA for a final decision.”, substitute:
, for a final decision, to:
90 Subsection 122A(3)
Repeal the subsection, substitute:
(3) The powers conferred on the ACMA by subsection (1), and on a Division of the ACMA by subsection (1A), are in addition to the powers conferred by section 238 of this Act and by sections 50, 51 and 52 of the Australian Communications and Media Authority Act 2005.
91 Division 6A of Part 3.3 (heading)
Repeal the heading, substitute:
Division 6A—Suspending and cancelling datacasting transmitter licences
92 Sections 128C and 128D
Repeal the sections, substitute:
128C Suspending datacasting transmitter licences
(1) If the ACMA is satisfied that:
radiocommunications transmitter under the licence; has contravened a condition of the licence set out in paragraph 109A(1)(g), (ga), (h), (i) or (j) or subsection 109A(2) or (3), the ACMA may, by written notice given to the licensee, suspend the licence.
128D Cancelling datacasting transmitter licences
If the ACMA is satisfied that:
radiocommunications transmitter under the licence; has contravened a condition of the licence set out in paragraph 109A(1)(g), (ga), (h), (i) or (j) or subsection 109A(2) or (3), the ACMA may, by written notice given to the licensee, cancel the licence.
93 Paragraph 128E(1)(a)
Omit “give a direction requiring the ACA to”.
94 Paragraph 128E(1)(b)
Repeal the paragraph.
95 Paragraph 128E(1)(c)
Omit “subsection 128D(1) to give a direction requiring the ACA”, substitute “section 128D”.
96 Paragraph 128E(1)(c)
Omit “paragraph 109A(1)(h); or”, substitute “paragraph 109A(1)(h).”.
97 Paragraph 128E(1)(d)
Repeal the paragraph.
98 Section 131ACA
Repeal the section, substitute:
131ACA Datacasting transmitter licences
The ACMA must not transfer a datacasting transmitter licence to a person unless:
99 Paragraph 146(2)(b)
Repeal the paragraph, substitute:
(b) the appropriate charge fixed by determination made under section 60 of the Australian Communications and Media Authority Act 2005 has been paid.
100 Subsection 188A(15) (definition of radiocommunications community)
Omit “Australian Communications Authority Act 1997”, substitute
“Australian Communications and Media Authority Act 2005”.
101 Subsection 238(1)
Repeal the subsection, substitute:
(1) The powers conferred on the ACMA by subsection (2), and on a Division of the ACMA by subsection (3), are in addition to the powers conferred by sections 50, 51 and 52 of the Australian Communications and Media Authority Act 2005.
102 Subsection 238(3)
Repeal the subsection, substitute:
(3) If, under section 50 of the Australian Communications and Media Authority Act 2005, the ACMA has delegated the power referred to in subsection (2) to a Division of the ACMA, the following provisions have effect:
103 At the end of section 255
Add:
(3) Nothing in this Part applies to an inquiry held by the ACMA under another Act.
104 Subsection 258(3)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
105 Paragraph 261(3)(a)
Omit “Chairman”, substitute “Chair”.
106 Paragraph 261(3)(b)
Repeal the paragraph, substitute:
(b) if the functions or powers of the ACMA in relation to the hearing have been delegated to a person, or to a Division of the ACMA, under section 50, 51 or 52 of the Australian Communications and Media Authority Act 2005—that person or Division.
107 Subsection 261(4)
Omit “Chairman”, substitute “Chair”.
108 Subsection 261(5)
Repeal the subsection, substitute:
(5) If the Chair is not present at a hearing, the hearing is to be presided over by:
109 Paragraph 263(1)(b)
Repeal the paragraph, substitute:
(b) the appropriate charge fixed by determination made under section 60 of the Australian Communications and Media Authority Act 2005 has been paid.
110 Division 1 of Part 5.6 (heading)
Repeal the heading, substitute:
Division 1—Decisions subject to internal reconsideration before AAT review
111 Paragraph 285(eb)
Omit “direction under subsection 102B(3)”, substitute “decision under paragraph 102B(b)”.
112 Paragraph 285(ma)
Omit “direction under subsection 131ACA(3)”, substitute “decision under paragraph 131ACA(b)”.
113 Division 2 of Part 5.6 (heading)
Repeal the heading, substitute:
Division 2—Decisions not subject to internal reconsideration before AAT review
114 Paragraph 292A(a)
Omit “to give a direction under subsection 102B(3)”, substitute “under paragraph 102B(b)”.
115 Paragraph 292A(b)
Omit “to give a direction as mentioned in subsection 106(6A)”, substitute “under subsection 106(6A)”.
116 Paragraph 292A(d)
Omit “to give a direction”.
117 Paragraph 292A(e)
Omit “to give a direction under subsection 128D(1)”, substitute “under section 128D”.
118 Paragraph 292A(f)
Omit “to give a direction under subsection 131ACA(3)”, substitute “under paragraph 131ACA(b)”.
Remuneration and Allowances Act 1990
119 Clause 3 of Schedule 2 (Part 3 of the table, table row relating to the Chairman of the Australian Broadcasting Tribunal)
Repeal the row.
120 Clause 3 of Schedule 2 (Part 3 of the table, table row relating to the Chairperson of the Australian Telecommunications Authority)
Repeal the row.
Spam Act 2003
121 Section 4 (definition of ACA)
Repeal the definition.
122 Section 4
Insert:
ACMA means the Australian Communications and Media
Authority.
123 Clause 2 of Schedule 3 (paragraph (a) of the definition of authorised person)
Omit “Chairman”, substitute “Chair”.
Special Broadcasting Service Act 1991
124 Section 3 (definition of ABA)
Repeal the definition.
125 Section 3
Insert:
ACMA means the Australian Communications and Media
Authority.
126 Paragraph 10(1)(j)
Omit “Australian Broadcasting Authority”, substitute “ACMA”.
Telecommunications Act 1997
127 Section 5
Omit “Australian Communications Authority (ACA)”, substitute
“Australian Communications and Media Authority (ACMA)”.
128 Section 7 (definition of ACA)
Repeal the definition.
129 Section 7 (definition of ACA’s telecommunications functions)
Repeal the definition.
130 Section 7 (definition of ACA’s telecommunications powers)
Repeal the definition.
131 Section 7
Insert:
ACMA means the Australian Communications and Media Authority.
132 Section 7
Insert:
ACMA’s telecommunications functions means the functions that are telecommunications functions, in relation to the ACMA, for the purposes of the Australian Communications and Media Authority Act 2005.
133 Section 7
Insert:
ACMA’s telecommunications powers means the powers conferred on the ACMA by:
134 Section 7 (definition of Chairman)
Repeal the definition.
135 Paragraph 78(1)(a)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
136 Subsection 84(3)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
137 Subsection 136(3)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
138 Section 392
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
139 Subsection 403(3)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
140 Section 425
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
141 Subsection 440(4)
Omit “section 12 of the Australian Communications Authority Act 1997”, substitute “section 14 of the Australian Communications and Media Authority Act 2005”.
142 After subsection 441(1)
Insert:
(1A) If, under section 50 of the Australian Communications and Media Authority Act 2005, the ACMA has delegated a function or power referred to in subsection (1) to a Division of the ACMA, the following provisions have effect:
143 Subsection 441(2)
Omit “Subsection (1) does”, substitute “Subsections (1) and (1A) do”.
144 Subsection 441(3)
Omit “of the ACA.”, substitute:
of:
145 Subsection 441(4)
Repeal the subsection, substitute:
(4) The powers conferred on the ACMA by subsection (1), and on a Division of the ACMA by subsection (1A), are in addition to the powers conferred by sections 50, 51 and 52 of the Australian Communications and Media Authority Act 2005.
146 Subsection 442(3)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
147 Paragraph 457(1)(a)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
148 Subsection 465(5)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
149 After subsection 467(1)
Insert:
(1A) 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, the following provisions have effect:
150 Subsection 467(2)
Omit “of the ACA.”, substitute:
of:
151 Subsection 467(3)
Omit “the ACA”, substitute “the ACMA or the Division (as the case
requires)”.
152 At the end of section 467
Add:
(4) The powers conferred on the ACMA by subsection (1), and on a Division of the ACMA by subsection (1A), are in addition to the powers conferred by sections 50, 51 and 52 of the Australian Communications and Media Authority Act 2005.
153 Subsection 489(3)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
154 Paragraph 491(3)(a)
Omit “Chairman”, substitute “Chair”.
155 Paragraph 491(3)(b)
Repeal the paragraph, substitute:
(b) if the functions or powers of the ACMA in relation to the hearing have been delegated to a person, or to a Division of the ACMA, under section 50, 51 or 52 of the Australian Communications and Media Authority Act 2005—that person or Division.
156 Subsection 491(4)
Omit “Chairman”, substitute “Chair”.
157 Subsection 491(5)
Repeal the subsection, substitute:
(5) If the Chair is not present at a hearing, the hearing is to be presided over by:
158 Clause 23 of Schedule 3
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
159 Subclause 25(5) of Schedule 3
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
160 Clauses 56, 57, 58 and 59 of Schedule 3
Repeal the clauses.
Telecommunications (Consumer Protection and Service Standards) Act 1999
161 Subsection 21(3)
Repeal the subsection, substitute:
(3) The Universal Service Account is to be administered by the ACMA.
162 Subsection 23(3)
Omit “section 53 of the Australian Communications Authority Act 1997”, substitute “section 60 of the Australian Communications and Media Authority Act 2005”.
163 Subsection 124(5)
Omit “section 12 of the Australian Communications Authority Act 1997”, substitute “section 14 of the Australian Communications and Media Authority Act 2005”.
164 Subsection 158D(2)
Omit “ACA or the Australian Broadcasting Authority”, substitute “ACMA”.
165 Subsection 158F(1)
Omit “Australian Broadcasting Authority”, substitute “ACMA”.
Telstra Corporation Act 1991
166 Section 3 (definition of ACA)
Repeal the definition.
167 Section 3
Insert:
ACMA means the Australian Communications and Media Authority.
Trade Practices Act 1974
168 Section 151AB (definition of ACA)
Repeal the definition.
169 Section 151AB
Insert:
ACMA means the Australian Communications and Media Authority.
170 Section 152AC (definition of ACA)
Repeal the definition.
171 Section 152AC
Insert:
ACMA means the Australian Communications and Media Authority.
1 Amendment of Acts—changing references to the ABA and the ACA into references to the ACMA
The Acts listed in this Schedule are amended as follows:
Note 1: This Schedule commences immediately after the commencement of Schedule 1, and so this item amends the Acts listed in this Schedule, as already amended by Schedule 1.
Note 2: The headings to sections, subsections, clauses and subclauses of the Acts listed in this Schedule are altered as follows:
Australian Broadcasting Corporation Act 1983 Broadcasting Services Act 1992 Interactive Gambling Act 2001 Radiocommunications Act 1992 Radiocommunications Taxes Collection Act 1983 Spam Act 2003 Special Broadcasting Service Act 1991 Telecommunications Act 1997 Telecommunications (Consumer Protection and Service
Standards) Act 1999 Telstra Corporation Act 1991 Trade Practices Act 1974
Criminal Code Act 1995
1 Paragraph 474.21(4)(a) of the Criminal Code
Omit “Australian Broadcasting Authority”, substitute “Australian Communications and Media Authority”.
2 Paragraph 474.24(4)(a) of the Criminal Code
Omit “Australian Broadcasting Authority”, substitute “Australian Communications and Media Authority”.
Ombudsman Act 1976
3 Subsection 3(1) (definition of ACA)
Repeal the definition.
4 Subsection 3(1)
Insert:
ACMA means the Australian Communications and Media
Authority.
5 Subsection 6(4D)
Omit “ACA” (wherever occurring), substitute “ACMA”.
6 Subsection 6(4E)
Omit “ACA”, substitute “ACMA”.
7 Subsection 6(4F)
Repeal the subsection, substitute: (4F) In subsections (4D) and (4E): ACMA means the Australian Communications and Media Authority.
8 Subsection 6(6)
Omit “Australian Broadcasting Authority” (wherever occurring), substitute “Australian Communications and Media Authority”.
9 Subsection 19ZE(7)
Omit “ACA”, substitute “ACMA”.
10 Subsection 19ZE(8)
Repeal the subsection.
11 Subsection 19ZE(9)
Omit “ACA” (wherever occurring), substitute “ACMA”.
1 Definitions
(1) In this Schedule, unless the contrary intention appears:
ABA means the Australian Broadcasting Authority that was established by the Broadcasting Services Act 1992.
ACA means the body corporate that was continued in existence by the Australian Communications Authority Act 1997.
ACMA means the Australian Communications and Media Authority that is established by the ACMA Act.
ACMA Act means the Australian Communications and Media Authority Act 2005.
asset means:
but does not include a right, power, privilege or immunity conferred by an Act or by regulations or other subordinate legislation made under an Act.
assets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.
financial liability means a liability to pay a person an amount, where the amount, or the method for working out the amount, has been determined.
Imposition Act means any of the following Acts:
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
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 any liability, duty or obligation, whether actual, contingent or prospective, but does not include a liability, duty or obligation imposed by an Act or by regulations or other subordinate legislation made under an Act.
transition time means the commencement of section 6 of the ACMA Act.
(2) Subject to subitem (1), an expression used in this Schedule that is also used in the ACMA Act has the same meaning in this Schedule as it has in that Act.
2 Vesting of assets of ABA and ACA
3 Vesting of liabilities of ABA and ACA
4 Certificates relating to vesting of land
5 Certificates relating to vesting of assets other than land
6 Substitution of ACMA or Commonwealth as a party to pending proceedings
the Commonwealth is substituted for the ABA or the ACA, from the transition time, as a party to the proceedings.
(3) The regulations may determine that one of subitems (1) and (2), rather than the other of those subitems, applies in relation to a particular proceeding or a class of proceedings.
7 Transfer of custody of ABA and ACA records
8 References in instruments to ABA or ACA
the reference has effect from the transition time as if it were a reference to the Commonwealth.
9 Transfer of appropriated money
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.
10 Things done by, or in relation to, ABA or ACA etc.
11 Continuation of inquiries, investigations and hearings
Note: An example of an action that the ACMA may have to take is to determine how the ACMA is to be constituted for the purposes of the proceeding.
12 Continued effect of certain instruments made under the repealed provisions
(1) An instrument:
continues to have effect from the transition time as if it were made or given under the corresponding provision of the ACMA Act specified in the table.
Instruments made under Australian Communications Authority Act 1997 that continue to have effect
Item This instrument made or given continues to have effect as if it under this provision of the were made or given under this Australian Communications provision of the ACMA Act... Authority Act 1997...
1 instruction under paragraph 8(1)(aa) paragraph 11(1)(a)
2 instruction under paragraph 8(1)(ab) paragraph 11(1)(b)
3 arrangement under paragraph paragraph 55(1)(a) 41(1)(a)
4 arrangement under paragraph paragraph 55(1)(b) 41(1)(b)
5 direction given under subsection subsection 59(5) 52(3)
6 determination under subsection subsection 60(1) 53(1)
7 determination under subsection subsection 64(1) 54(1)
Note: Instruments made by the ABA or ACA under provisions of Acts that are amended (rather than repealed) by this Act will continue to have effect as a result of item 10.
13 Saving advisory committees etc.
(1) An advisory committee:
continues in existence from the transition time as if it were established under subsection 58(1) of the ACMA Act.
continues to have effect from the transition time as if it were given to the committee under subsection 58(4) of the ACMA Act.
14 First annual report for ACMA
15 Final annual report for ABA and ACA
ACMA must prepare final annual reports for ABA and ACA
Transitional reporting periods
Miscellaneous
(6) For the purposes of this item, references to a financial year in:
are taken to be references to the transitional reporting period.
(7) In this item:
final director means a person who was a director (as defined in the Commonwealth Authorities and Companies Act 1997) of the ABA or ACA immediately before the transition time.
16 Protecting ACA’s names and symbols
Despite the repeal of the Australian Communications Authority Act 1997 by Schedule 1, section 55 of that Act, and regulations for the purposes of that section, as in force immediately before the transition time continue to apply in relation to a protected name and a protected symbol (within the meaning of that section), until the end of:
as if:
17 Exemption from stamp duty and other State or Territory taxes
18 Constitutional safety net
(1) If:
the Commonwealth must pay that person:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
19 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a particular provision of this Schedule:
unless the contrary is established.
20 Delegation by Minister
21 Regulations
[Minister’s second reading speech made in— House of Representatives on 2 December 2004 Senate on 7 March 2005]
(228/04)