Commonwealth Numbered Acts

TELECOMMUNICATIONS LEGISLATION AMENDMENT (DEREGULATION) ACT 2015 (NO. 38, 2015) - SCHEDULE 2

Australian Communications and Media Authority Act 2005

1  Subparagraph 8(1)(j)(iv)

Omit "(other than subsection 158F(1))".

2  Subparagraph 10(1)(o)(vi)

Repeal the subparagraph.

Export Market Development Grants Act 1997

3  Section 57B

Before "Expenses of", insert "(1)".

4  Section 57B (note)

Repeal the note.

5  At the end of section 57B

Add:

             (2)  For the purposes of this Act, a telephone sex service is a commercial service supplied using a standard telephone service, where:

                     (a)  the supply is by way of a voice call made using the standard telephone service; and

                     (b)  having regard to:

                              (i)  the way in which the service is advertised or promoted; and

                             (ii)  the content of the service;

it would be concluded that a majority of persons who call the service are likely to do so with the sole or principal object of deriving sexual gratification from the call.

             (3)  However, a service is not a telephone sex service if it is a therapeutic or counselling service provided by a person registered or licensed as a medical practitioner, or as a psychologist, under a law of a State or Territory.

             (4)  An expression used in subsection (2) that is also used in the Telecommunications (Consumer Protection and Service Standards) Act 1999 has the same meaning in that subsection as it has in that Act.

6  Subsection 107(1) (definition of telephone sex service )

Omit all the words after "by", substitute "subsection 57B(2)".

Telecommunications (Consumer Protection and Service Standards) Act 1999

7  Section 4

Omit:

8  Part 9A

Repeal the Part.