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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Communications
Legislation Amendment Bill (No. 1)
2002
No. ,
2002
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend
legislation related to communications, and for related
purposes
Contents
A Bill for an Act to amend legislation related to
communications, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Communications Legislation Amendment Act
(No. 1) 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day after this Act receives the Royal Assent |
|
|
2. Schedule 1 |
The day after this Act receives the Royal Assent |
|
|
3. Schedule 2 |
27 June 2002 |
|
|
4. Schedule 3 |
The day after this Act receives the Royal Assent |
|
|
5. Schedule 4 |
1 April 2003 |
|
|
6. Schedule 5 |
The day after this Act receives the Royal Assent |
|
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 is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act 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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 After section 54
Insert:
(1) Without limiting the powers of the ACA to make determinations under
subsection 54(1), a determination under that subsection may define an expression
used in a specified instrument by applying, adopting or incorporating (with or
without modifications) matter contained in any other instrument or writing
whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the
determination is made.
(2) A reference in subsection (1) to any other instrument or writing
includes a reference to an instrument or writing:
(a) made by any person or body in Australia or elsewhere (including, for
example, the Commonwealth, a State or Territory, an officer or authority of the
Commonwealth or of a State or Territory or an overseas entity); and
(b) whether of a legislative, administrative or other official nature or
of any other nature; and
(c) whether or not having any legal force or effect;
for example:
(d) regulations or rules under an Act; or
(e) a State Act, a law of a Territory, or regulations or any other
instrument made under such an Act or law; or
(f) an international technical standard or performance indicator;
or
(g) a written agreement or arrangement or an instrument or writing made
unilaterally.
(3) Nothing in this section limits the generality of anything else in
it.
(4) Subsection (1) has effect despite anything in the Acts
Interpretation Act 1901.
1 Subsection 4(1)
Insert:
exempt Internet-content document means:
(a) a document containing information (within the meaning of
Schedule 5 to the Broadcasting Services Act 1992) that:
(i) has been copied from the Internet; and
(ii) was offensive Internet content when it was accessible on the
Internet; or
(b) a document that sets out how to access, or that is likely to
facilitate access to, offensive Internet content (for example: by setting out
the name of an Internet site, an IP address, a URL, a password, or the name of a
newsgroup).
2 Subsection 4(1)
Insert:
offensive Internet content means Internet content (within the
meaning of Schedule 5 to the Broadcasting Services Act 1992) that
is:
(a) prohibited content (within the meaning of that Schedule); or
(b) potential prohibited content (within the meaning of that
Schedule).
3 Division 1 of Part II of
Schedule 2 (before the item relating to the Australian Broadcasting
Corporation)
Insert:
Australian Broadcasting Authority, in relation to exempt Internet-content
documents concerning the performance of a function, or the exercise of a power,
under Schedule 5 to the Broadcasting Services Act 1992.
4 Division 1 of Part II of
Schedule 2 (before the item relating to Comcare
Insert:
Classification Board, in relation to exempt Internet-content documents
concerning the performance of a function, or the exercise of a power, under
Schedule 5 to the Broadcasting Services Act 1992.
Classification Review Board, in relation to exempt Internet-content
documents concerning the performance of a function, or the exercise of a power,
under Schedule 5 to the Broadcasting Services Act 1992.
5 Division 1 of Part II of
Schedule 2 (before the item relating to the Reserve Bank of
Australia)
Insert:
Office of Film and Literature Classification, in relation to exempt
Internet-content documents concerning the performance of a function, or the
exercise of a power, under Schedule 5 to the Broadcasting Services Act
1992.
1 Paragraph 3(b)
Repeal the paragraph, substitute:
(b) make adequate provision of the spectrum:
(i) for use by agencies involved in the defence or national security of
Australia, law enforcement or the provision of emergency services; and
(ii) for use by other public or community services;
2 After paragraph 27(1)(b)
Insert:
(ba) one of the following bodies:
(i) the Independent Commission Against Corruption established by the
Independent Commission Against Corruption Act 1988 of New South
Wales;
(ii) the Western Australian Anti-Corruption Commission established by the
Anti-Corruption Commission Act 1988 of Western Australia; or
(bb) one of the following bodies:
(i) the New South Wales Crime Commission established by the New South
Wales Crime Commission Act 1985 of New South Wales;
(ii) the Crime and Misconduct Commission established by the Crime and
Misconduct Act 2001 of Queensland; or
(bc) the National Crime Authority established by the National Crime
Authority Act 1984; or
(bd) the New South Wales Police Integrity Commission established by the
Police Integrity Commission Act 1996 of New South Wales; or
(be) a body that:
(i) performs functions related to the investigation, prevention or
prosecution of serious crime, or of corruption (whether or not the body also
performs other functions); and
(ii) is covered by a written determination made by the ACA for the
purposes of this paragraph; or
Note: The heading to section 27 is replaced by the
heading “Exemption for defence, law enforcement and emergency
personnel”.
3 Subsection 27(2)
Repeal the subsection, substitute:
(2) The ACA may determine in writing that acts or omissions by members of
a class of persons to whom this section applies are exempt from either or both
of the following:
(a) all or any of Parts 3.1, 4.1 and 4.2;
(b) specified provisions of those Parts.
The exemption may be expressed to apply generally or in specified
circumstances.
(3) A determination under paragraph (1)(be) or subsection (2) is
a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(4) For the purposes of subparagraph (1)(be)(i), serious
crime is conduct that, if engaged in within, or in connection with,
Australia, would constitute an offence against the law of the Commonwealth, a
State or a Territory punishable by imprisonment for a period exceeding 12
months.
4 At the end of subsection
104(1)
Add:
; or (c) the apparatus licence authorises a body covered by any of
paragraphs 27(1)(b) to (be) to operate specified radiocommunications devices, or
radiocommunications devices of a specified kind, for the purpose of
investigations or operations conducted by the body.
5 Subsections 104(2) and
(3)
Omit “The licence”, substitute “An apparatus licence of a
kind mentioned in paragraph (1)(a) or (b)”.
6 Subsection 105(2)
Repeal the subsection, substitute:
(2) The ACA may issue such an apparatus licence:
(a) to a body covered by any of paragraphs 27(1)(b) to (be) for the
purpose of investigations or operations conducted by the body; or
(b) if it is satisfied that the special circumstances of the particular
case justify the issuing of the licence.
7 After paragraph
153P(2)(d)
Insert:
(da) the licence is issued to a body covered by any of paragraphs 27(1)(b)
to (be) for the purpose of investigations or operations conducted by the body;
or
8 Subsection 153P(3)
Omit all the words from and including “unless”,
substitute:
unless:
(c) the licence is issued to a body covered by any of paragraphs 27(1)(b)
to (be) for the purpose of investigations or operations conducted by the body;
or
(d) the ACA is satisfied that the special circumstances of the case
justify the issuing of the licence.
1 Clause 40 of
Schedule 3
Repeal the clause.
1 Section 94
Insert:
participating person for a levy quarter has the meaning given
by section 94A.
2 At the end of Division 1 of
Part 3
Add:
(1) For the purposes of this Part, a person is a participating
person for a quarter if:
(a) the person was a carrier at any time during the quarter; or
(b) the Minister makes a written determination that carriage service
providers are participating persons for the quarter and the person was a
carriage service provider at any time during the quarter.
(2) However, a person is not a participating person for a
quarter if:
(a) the person’s gross telecommunications revenue for the eligible
revenue period to which the most recent eligible revenue assessment relates is
less than the amount determined in writing by the Minister for the purposes of
this paragraph; or
(b) the person is of a kind, determined in writing by the Minister for the
purposes of this paragraph, to be exempt from this section.
(3) A determination made for the purposes of paragraph (1)(b), or
paragraph (2)(a) or (b), is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
(4) In this section:
gross telecommunications revenue for an eligible revenue
period has the meaning given by the determination made for the purposes of
paragraph (2)(a).
3 Section 99
Repeal the section, substitute:
NRS levy for a levy quarter is payable by each person who:
(a) is a participating person for the quarter; and
(b) is covered by the most recent eligible revenue assessment made before
the start of the quarter.
Note: The most recent eligible revenue
assessment is defined in section 101C.
4 After subsection 100(2)
Insert:
(2A) The Minister may, by written determination, modify the formula in
subsection (2).
(2B) A determination under subsection (2A) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
5 Subsection 100(3) (definition of eligible
revenue)
Omit “levy”, substitute “eligible
revenue”.
6 Subsection 100(3) (definition of eligible
revenue, note)
Omit “levy”, substitute “eligible
revenue”.
7 After section 100
Insert:
(1) The ACA may vary a taxpayer’s NRS contribution amount for a
quarter by making such alterations and additions as it thinks necessary, even if
NRS levy on the contribution amount has been paid.
(2) If there has been an overpayment of NRS levy, the overpayment is to be
refunded.
8 Section 101C
Omit “levy”, substitute “eligible
revenue”.
Note: The heading to section 101C is altered by
omitting “levy” and substituting “eligible
revenue”.
9 Paragraph 101C(c)
Omit “20U”, substitute “20F”.
10 At the end of
section 125
Add:
(5) A revocation or variation of a section 115 standard must be in
writing.
(6) An instrument of revocation or variation of a section 115
standard is a disallowable instrument for the purposes of section 46A of
the Acts Interpretation Act 1901.
11 After subsection 128(4)
Insert:
(4A) An end-user of a carriage service is not liable to pay any fee or
charge (however described) to the provider of the carriage service in respect of
a complaint made by the end-user about the carriage service.
12 Paragraph 128(6)(a)
After “tariffs”, insert “charged for the supply of
carriage services”.
13 Application
The amendments made by items 2 to 9 apply in respect of each levy
quarter that begins on or after the date of commencement of this
Schedule.