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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Communications Authority Bill 1996
No.
, 1996
(Communications and the
Arts)
A Bill for an Act to establish the
Australian Communications Authority (ACA), and for related
purposes
9615920—1,025/31.10.1996—(159/96) Cat.
No. 96 5387 2 ISBN 0644 47839X
Contents
A Bill for an Act to establish the Australian
Communications Authority (ACA), and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Communications Authority Act
1996.
This Act commences on 1 July 1997.
The following is a simplified outline of this Act:
• The Australian Communications Authority (ACA)
is established.
• The main functions of the ACA relate to
telecommunications and spectrum management.
• The ACA is a body corporate and consists of
the following members:
(a) a Chairman;
(b) a Deputy Chairman;
(c) at least one, and not more than 3, other members.
• Associate members may be appointed for
special purposes.
• The ACA may establish advisory
committees.
In this Act, unless the contrary intention appears:
ACA means the Australian Communications Authority.
ACA’s additional functions has the meaning given by
section 8.
ACA’s spectrum management functions has
the meaning given by section 7.
ACA’s telecommunications functions has the
meaning given by section 6.
appointing authority means:
(a) in relation to a member—the Governor-General; or
(b) in relation to an associate member—the Minister.
associate member means an associate member of the
ACA.
carriage service has the same meaning as in the
Telecommunications Act 1996.
carriage service provider has the same meaning as in the
Telecommunications Act 1996.
carrier has the same meaning as in the Telecommunications
Act 1996.
carry has the same meaning as in the Telecommunications
Act 1996.
Chairman means the Chairman of the ACA.
communications has the same meaning as in the
Telecommunications Act 1996.
content service has the same meaning as in the
Telecommunications Act 1996.
customer cabling has the same meaning as in the
Telecommunications Act 1996.
customer equipment has the same meaning as in the
Telecommunications Act 1996.
Deputy Chairman means the Deputy Chairman of the
ACA.
member means a member of the ACA, but does not include an
associate member.
radiocommunications means:
(a) radiocommunications (within the meaning of the Radiocommunications
Act 1992); or
(b) a transmission or radio emission covered by subsection 20(1) or
section 21 or 22 of that Act.
radiocommunications community includes:
(a) users of radiocommunications; and
(b) persons who sell, hire, manufacture or import:
(i) radiocommunications transmitters (within the meaning of the
Radiocommunications Act 1992); or
(ii) radiocommunications receivers (within the meaning of that
Act).
telecommunications means the carriage of communications by
means of guided and/or unguided electromagnetic energy.
telecommunications industry has the same meaning as in the
Telecommunications Act 1996.
telecommunications network has the same meaning as in the
Telecommunications Act 1996.
The ACA has the following functions:
(a) the telecommunications functions mentioned in section
6;
(b) the spectrum management functions mentioned in
section 7;
(c) the additional functions mentioned in section
8.
The ACA’s telecommunications functions are as
follows:
(a) to regulate telecommunications in accordance with the
Telecommunications Act 1996;
(b) to advise and assist the telecommunications industry;
(c) to report to and advise the Minister in relation to the
telecommunications industry;
(d) to report to and advise the Minister in relation to matters affecting
consumers, or proposed consumers, of carriage services;
(e) to manage Australia’s input
into the setting of international standards for telecommunications (except so
far as the Standards Association of Australia is responsible for managing that
input);
(f) to monitor, and report to the Minister on, all significant matters
relating to the licensing of carriers under the Telecommunications Act
1996;
(g) to make available to the public information about matters relating to
the telecommunications industry;
(h) to conduct public educational programs about matters relating to the
telecommunications industry;
(i) to give advice to the public about matters relating to the
telecommunications industry;
(j) such other functions as are conferred on the ACA by or
under:
(i) the Telecommunications Act 1996; or
(ii) the Telecommunications (Carrier Licence Charges) Act 1996;
or
(iii) the Telecommunications (Numbering Charges) Act 1996;
or
(iv) Part XIC of the Trade Practices Act 1974;
(k) to do anything incidental to or conducive to the performance of any of
the above functions.
The ACA’s spectrum management functions are as
follows:
(a) to manage the radiofrequency spectrum in accordance with the
Radiocommunications Act 1992;
(b) to advise and assist the radiocommunications community;
(c) to report to and advise the Minister in relation to the
radiocommunications community;
(d) to manage Australia’s input
into the setting of international standards for radiocommunications (except so
far as the Standards Association of Australia is responsible for managing that
input);
(e) to make available to the public information about matters relating to
the radiocommunications community;
(f) to conduct public educational programs about matters relating to the
radiocommunications community;
(g) to give advice to the public about matters relating to the
radiocommunications community;
(h) such other functions as are conferred on the ACA by or
under:
(i) the Radiocommunications Act 1992; or
(ii) the Radiocommunications Taxes Collection Act 1983;
or
(iii) the Radiocommunications (Receiver Licence Tax) Act 1983;
or
(iv) the Radiocommunications (Transmitter Licence Tax) Act
1983;
(i) to do anything incidental to or conducive to the performance of any of
the above functions.
(1) The ACA’s additional functions are as
follows:
(a) if requested to do so—to provide services or facilities, on a
commercial basis, where:
(i) the services or facilities relate to radiocommunications or
telecommunications; or
(ii) the provision of the services or facilities utilises the ACA’s
spare capacity; or
(iii) the provision of the services or facilities maintains or improves
the specialised technical skills of the ACA’s staff in relation to
radiocommunications or telecommunications;
(b) such functions as are conferred on the ACA by or under:
(i) this Act (other than section 6 or 7); or
(ii) any other law (other than a law specified in subsection
(3));
(c) to do anything incidental to or conducive to the performance of any of
the above functions.
(2) Paragraph (1)(a) does not authorise the ACA to perform a function if
the performance of the function would impede the ACA’s capacity to perform
its other functions.
(3) For the purposes of subparagraph (1)(b)(ii), the following laws are
specified:
(a) the Telecommunications Act 1996;
(b) the Telecommunications (Carrier Licence Charges) Act
1996;
(c) the Telecommunications (Numbering Charges) Act 1996;
(d) Part XIC of the Trade Practices Act 1974;
(e) the Radiocommunications Act 1992;
(f) the Radiocommunications Taxes Collection Act 1983;
(g) the Radiocommunications (Receiver Licence Tax) Act
1983;
(h) the Radiocommunications (Transmitter Licence Tax) Act
1983.
(1) The ACA has power to do all things necessary or convenient to be done
for or in connection with the performance of its functions.
(2) The powers of the ACA under this section include, but are not limited
to, the power to enter into contracts and agreements.
The ACA must perform its functions in a manner consistent with:
(a) any policies of the Commonwealth Government notified by the Minister
under section 11; and
(b) any directions given by the Minister under section 12.
(1) The Minister may notify the ACA in writing of general policies of the
Commonwealth Government that are to apply in relation to the ACA.
(2) The ACA must ensure that the policies are carried out.
(1) The Minister may give written directions to the ACA in relation to the
performance of its functions and the exercise of its powers.
(2) A direction under subsection (1) must be published in the
Gazette.
Except as otherwise provided by or under this or any other Act, the ACA
is not subject to direction by or on behalf of the Commonwealth
Government.
(1) This section applies to the body corporate that was, immediately
before the commencement of this section, in existence because of section 34 of
the Telecommunications Act 1991 under the name Australian
Telecommunications Authority.
(2) That body corporate continues in existence by force of this section as
a body corporate, under and subject to the provisions of this Act, under the
name Australian Communications Authority.
(1) The ACA:
(a) is a body corporate, with perpetual succession; and
(b) is to have a seal; and
(c) may acquire, hold and dispose of real and personal property;
and
(d) may sue and be sued in its corporate name.
(2) The seal of the ACA is to be kept in such custody as the ACA directs
and must not be used except as authorised by the ACA.
(3) All courts, judges and persons acting judicially must:
(a) take judicial notice of the imprint of the seal of the ACA appearing
on a document; and
(b) presume that the imprint was duly affixed.
The ACA consists of the following members:
(a) a Chairman;
(b) a Deputy Chairman;
(c) at least one, and not more than 3, other members.
(1) The members of the ACA are to be appointed by the Governor-General by
written instrument.
(2) The Chairman and the Deputy Chairman are to be appointed as full-time
members.
(3) A member, other than the Chairman or the Deputy Chairman, may be
appointed as a full-time member or as a part-time member.
(1) The Minister may, by written instrument, appoint such associate
members as he or she thinks fit.
(2) An associate member may be appointed as a full-time associate member
or as a part-time associate member.
(3) An associate member’s instrument of appointment must contain a
statement to the effect that the associate member’s appointment relates to
one or more specified matters, being:
(a) an inquiry held, or proposed to be held, under:
(i) Part 25 of the Telecommunications Act 1996; or
(ii) Part 5.2 of the Radiocommunications Act 1992; or
(b) an investigation conducted, or proposed to be conducted, under Part 26
of the Telecommunications Act 1996; or
(c) any other matter that relates to the performance of the ACA’s
functions or the exercise of the ACA’s powers.
(1) If an associate member’s instrument of appointment specifies an
inquiry, the associate member is to be treated as a member for all purposes in
connection with the inquiry (including hearings relating to the
inquiry).
(2) If an associate member’s instrument of appointment specifies an
investigation, the associate member is to be treated as a member for all
purposes in connection with the conduct of the investigation.
(3) If an associate member’s instrument of appointment specifies a
matter other than an inquiry or an investigation, the associate member is to be
treated as a member for all purposes in connection with the matter.
(4) An associate member is entitled to attend, and participate in
discussions at, meetings of the ACA while a matter specified in the associate
member’s instrument of appointment is being considered.
(5) An associate member has a deliberative vote on a matter specified in
the associate member’s instrument of appointment when a vote is taken on
that matter at a meeting of the ACA at which the associate member is
present.
A person is not to be appointed as a member or associate member unless he
or she appears to the appointing authority to be qualified for appointment
because of his or her knowledge of, or experience in, one or more of the
following fields:
(a) industry;
(b) commerce;
(c) technology;
(d) consumer affairs;
(e) economics;
(f) law;
(g) public administration;
(h) town planning;
(i) conservation of natural or cultural heritage.
The performance of the functions, or the exercise of the powers, of the
ACA is not affected only because of there being a vacancy or vacancies in the
membership of the ACA.
(1) The ACA is to hold such meetings as are necessary for the efficient
performance of its functions.
(2) Meetings are to be held at such times and places as the ACA
determines. This subsection has effect subject to subsections (3), (4) and
(5).
(3) The Chairman may call a meeting at any time.
(4) The Chairman must call a meeting if requested to do so in writing by
the Minister.
(5) The Chairman must call a meeting if requested to do so in writing by
at least 2 members.
(1) Each member is entitled to receive notice of the
ACA’s meetings.
(2) If an associate member is entitled to attend a particular meeting of
the ACA, the associate member is entitled to receive notice of the
meeting.
(1) The Chairman presides at all meetings at which he or she is
present.
(2) If the Chairman is not present at a meeting, the Deputy Chairman
presides.
(3) If neither the Chairman nor the Deputy Chairman is present at a
meeting, the members present are to appoint one of their number to
preside.
A majority of the members constitutes a quorum.
(1) A question is decided by a majority of the votes of the members
present and voting.
(2) The person presiding at a meeting has a deliberative vote and, if
necessary, also a casting vote.
(3) If an associate member has a deliberative vote on a matter as a result
of section 19, the associate member is to be treated as a member for the
purposes of the application of subsection (1) of this section to the
matter.
The ACA may, subject to this Part, regulate proceedings at its meetings
as it considers appropriate.
(1) A resolution is taken to have been passed at a meeting of the ACA
if:
(a) without meeting, a majority of the interested members in relation to
the resolution indicate agreement with the resolution in accordance with the
method determined by the ACA under subsection (2); and
(b) all interested members were informed of the proposed resolution, or
reasonable efforts had been made to inform all interested members of the
proposed resolution.
(2) Subsection (1) applies only if the ACA:
(a) determines that it applies; and
(b) determines the method by which interested members are to indicate
agreement with resolutions.
(3) In this section:
interested members, in relation to a resolution,
means:
(a) the members; and
(b) the associate members who would have been entitled to vote on the
resolution at a meeting of the ACA if they had been present at the
meeting.
The ACA must keep minutes of its meetings.
(1) A member, or an associate member, who has a material personal interest
in a matter being considered by the ACA must, as soon as possible after the
relevant facts have come to his or her knowledge, disclose the nature of the
interest at a meeting of the ACA.
(2) A disclosure must be recorded in the minutes of the meeting and the
member or associate member must not, unless the Minister or the ACA otherwise
determines:
(a) be present during any deliberation by the ACA about that matter;
or
(b) take part in any decision of the ACA relating to that
matter.
(3) For the purpose of the ACA making such a determination in relation to
a member, or an associate member, who has made a disclosure, a member, or an
associate member, who has a material personal interest in the matter to which
the disclosure relates must not:
(a) be present during any deliberation by the ACA for the purpose of
making the determination; or
(b) take part in making the determination.
(1) A member is to be appointed for the period specified in the instrument
of appointment. The period must not exceed 5 years.
(2) If an associate member’s instrument of appointment specifies an
inquiry, the associate member’s appointment:
(a) begins at the time specified in the instrument of appointment;
and
(b) ends at the end of the day on which the ACA completes the preparation
of a report about the inquiry under whichever of the following provisions is
applicable:
(i) section 479 of the Telecommunications Act 1996;
(ii) section 261D of the Radiocommunications Act 1992.
(3) If an associate member’s instrument of appointment specifies an
investigation, the associate member’s appointment:
(a) begins at the time specified in the instrument of appointment;
and
(b) ends at the end of the day on which the ACA completes the preparation
of a report about the investigation under section 500 of the
Telecommunications Act 1996.
(4) If an associate member’s instrument of appointment specifies a
matter other than an inquiry or an investigation, the associate member is to be
appointed for the period specified in the instrument. The period must not exceed
5 years.
(1) A member or associate member is to be paid such remuneration as is
determined by the Remuneration Tribunal.
(2) If no determination of that remuneration is in operation, the member
or associate member is to be paid such remuneration as is prescribed.
(3) A member or associate member is to be paid such allowances as are
prescribed.
(4) This section has effect subject to the Remuneration Tribunal Act
1973.
(1) In addition to any remuneration or allowances payable under section
32, a member or associate member is to be paid such benefits as the Minister
determines in writing.
(2) Those benefits may include benefits by way of financial or other
assistance in connection with housing, transport, insurance, long service leave
or superannuation.
(1) The Chairman must not engage in paid employment outside the duties of
his or her office without the Minister’s written approval.
(2) The other full-time members and the full-time associate members must
not engage in paid employment outside the duties of their offices without the
Chairman’s written approval.
(3) A part-time member or part-time associate member must not engage in
any paid employment that, in the
Minister’s opinion, conflicts, or may
conflict, with the proper performance of the
member’s duties or the associate
member’s duties, as the case
requires.
(1) A full-time member or full-time associate member has such recreation
leave entitlements as are determined by the Remuneration Tribunal. This
subsection has effect subject to section 87E of the Public Service Act
1922.
(2) The Minister may grant the Chairman leave of absence, other than
recreation leave, on such terms and conditions as to remuneration or otherwise
as the Minister determines in writing.
(3) The Chairman may grant another full-time member or a full-time
associate member leave of absence, other than recreation leave, on such terms
and conditions as to remuneration or otherwise as the Chairman determines in
writing.
(4) The Chairman may grant leave to a part-time member or part-time
associate member to be absent from a meeting or meetings of the ACA.
A member or associate member may resign by writing signed by the member
or associate member and sent to the appointing authority.
(1) The appointing authority must terminate the appointment of a member or
associate member if the Minister is of the opinion that the performance of the
member or associate member has been unsatisfactory for a significant period of
time.
(2) The Governor-General must terminate the appointment of all of the
members and associate members if the Minister is of the opinion that the
performance of the ACA has been unsatisfactory for a significant period of
time.
(3) The appointing authority may terminate the appointment of a member or
associate member because of misbehaviour or physical or mental
incapacity.
(4) If:
(a) a member or associate member becomes bankrupt, applies to take the
benefit of any law for the relief of bankrupt or insolvent debtors, compounds
with creditors or makes an assignment of remuneration for their benefit;
or
(b) a full-time member or full-time associate member:
(i) engages, except with the
Minister’s approval, in paid
employment outside the duties of his or her office; or
(ii) is absent from duty, except on leave of absence, for 14 consecutive
days or for 28 days in any 12 months; or
(c) a part-time member or part-time associate member:
(i) engages in paid employment that, in the
Minister’s opinion, conflicts with
the proper performance of the member’s duties or the associate
member’s duties, as the case requires; or
(ii) is absent, except on leave of absence, from 3 consecutive meetings of
the ACA; or
(d) a member or associate member fails, without reasonable excuse, to
comply with section 30;
the appointing authority may terminate the appointment of the member or
associate member, as the case requires.
(5) If the Minister is of the opinion that the members have failed to
comply with section 48 or 50, the Governor-General may terminate the appointment
of all members or particular members.
(6) If the Minister is of the opinion that the members have failed to
comply with section 63H of the Audit Act 1901 (in so far as that section
relates to the ACA), the Governor-General may terminate the appointment of all
members or particular members.
A member or associate member holds office on such terms and conditions
(if any) in respect of matters not provided for by this Act as are determined by
the appointing authority.
(1) The Deputy Chairman is to act as the Chairman:
(a) during a vacancy in the office of Chairman (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chairman is absent
from duty or from Australia, or is, for any reason, unable to perform the duties
of the office.
Note: Under section 33A of the Acts Interpretation Act
1901, this Act applies in relation to a person acting as the Deputy Chairman
as if the person were the holder of the office of Deputy
Chairman.
(2) The Minister may appoint a member to act as the Deputy
Chairman:
(a) during a vacancy in the office of Deputy Chairman (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Deputy Chairman is
acting as the Chairman, is absent from duty or from Australia, or is, for any
reason, unable to perform the duties of the office.
(3) The Minister may appoint a person to act as a member (other than as
Chairman or Deputy Chairman):
(a) during a vacancy in the office of a member (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when a member is acting as
the Deputy Chairman, is absent from duty or from Australia, or is, for any
reason, unable to perform the duties of the office.
(4) Anything done by a person purporting to act under this section is not
invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had
ceased.
(1) The staff required for the purposes of the ACA are to be persons
appointed or employed under the Public Service Act 1922.
(2) The Chairman has all the powers of a Secretary under the Public
Service Act 1922 as they relate to the branch of the Australian Public
Service comprising the ACA’s
staff.
(3) Despite subsection (2), the ACA is taken not to be a Department for
the purposes of section 50 of the Audit Act 1901.
(1) The ACA may make an arrangement with an authority of the
Commonwealth:
(a) for the services of officers or employees of the authority to be made
available for the purposes of the ACA; or
(b) for the services of officers or employees of the ACA to be made
available for the purposes of the authority.
(2) In this section:
authority of the Commonwealth means:
(a) a Department; or
(b) a body (whether incorporated or unincorporated) established for a
public purpose by or under a law of the Commonwealth; or
(c) any other body corporate in which:
(i) the Commonwealth; or
(ii) a body corporate referred to in paragraph (b);
has a controlling interest.
The ACA may engage as consultants to the ACA persons having suitable
qualifications and experience.
(1) There is payable to the ACA such money as is appropriated from time to
time by the Parliament for the purposes of the ACA.
(2) The Minister for Finance may give directions as to the amounts in
which, and the times at which, money referred to in subsection (1) is to be paid
to the ACA.
(1) The money of the ACA may only be applied:
(a) in payment or discharge of the costs, expenses and other obligations
incurred by the ACA in the performance of its functions or the exercise of its
powers; and
(b) in payment of any remuneration or allowances payable under this Act;
and
(c) in making any other payments which the ACA is authorised or required
to make under this Act or any other law.
(2) Subsection (1) does not prevent the investment of the ACA’s
money in accordance with section 63E of the Audit Act 1901.
(1) The members must prepare estimates of the ACA’s receipts and
expenditure for each financial year, and for any other periods directed by the
Minister.
(2) The estimates:
(a) must be in the form required by the Minister; and
(b) must be given to the Minister within the time required by the
Minister.
The ACA must not, without the approval of the Minister, enter into a
contract under which the ACA is to pay or receive an amount exceeding:
(a) $2 million; or
(b) if a higher amount is specified in the regulations—that higher
amount.
(1) The ACA is not subject to taxation under a law of the Commonwealth or
of a State or Territory.
(2) Sales tax is not payable by the ACA, or by any other person, on goods
that are for use by the ACA.
(3) However, the regulations may provide that this section does not apply
in relation to taxation under a specified law.
(1) The ACA must prepare a corporate plan at least once a year and give it
to the Minister.
(2) The plan must cover a period of at least 3 years.
(3) The plan must include details of the following matters:
(a) the objectives of the ACA;
(b) the strategies and policies that are to be followed by the ACA in
order to achieve those objectives;
(c) such other matters (if any) as the Minister requires.
(4) The Chairman must keep the Minister informed about:
(a) changes to the plan; and
(b) matters that might affect significantly the achievement of the
objectives set out in the plan.
(5) The Minister may give the Chairman written guidelines that are to be
used by the Chairman in deciding whether a matter is covered by paragraph
(4)(b).
(1) The ACA may, by writing, delegate any or all of the functions and
powers conferred on the ACA by a law of the Commonwealth to:
(a) a member; or
(b) an associate member; or
(c) a member of the staff of the ACA; or
(d) a person whose services are made available to the ACA under subsection
41(1).
(2) Subsection (1) does not apply to a power to make, vary or revoke a
disallowable instrument.
(3) In this section:
disallowable instrument means an instrument that is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
(1) This section applies to the ACA’s annual report for a financial
year prepared under section 63H of the Audit Act 1901.
(2) The annual report must include:
(a) a copy of each policy notification given to the ACA under section 11
during the financial year; and
(b) a copy of each direction given to the ACA under section 12 during the
financial year; and
(c) if:
(i) the ACA gave an instrument to a carrier or to a carriage service
provider under section 565 of the Telecommunications Act 1996 during the
financial year; and
(ii) in the ACA’s opinion, the instrument does not contain
confidential information;
a copy of the instrument; and
(d) in relation to each instrument the ACA gave as mentioned in
subparagraph (c)(i) and that, in the ACA’s opinion, contains confidential
information:
(i) if, in the ACA’s opinion, part of the instrument can be
reproduced in the annual report without disclosing confidential
information—a copy of that part; and
(ii) if subparagraph (i) does not apply—a statement specifying the
instrument and the carrier or carriage service provider to which, and the day on
which, it was given; and
(iii) a statement that, because of confidential information contained in
the instrument, or in a part of it, as the case requires, the instrument or part
is not reproduced in the annual report; and
(iv) a note summarising so much of the instrument as is not so reproduced,
but without disclosing any information that, in the ACA’s opinion, is
confidential; and
(e) a report on:
(i) the number and types of complaints made under Part 26 of the
Telecommunications Act 1996 during the financial year; and
(ii) the investigations conducted under Part 26 of that Act during
the financial year as a result of complaints made under Part 26 of that
Act; and
(iii) the results of those investigations; and
(f) a report on the operation of Part 6 of the Telecommunications Act
1996 during the financial year; and
(g) a report setting out statistical information relating to information
or documents disclosed under Division 3 of Part 13 of the
Telecommunications Act 1996, where the disclosure:
(i) occurred during the financial year; and
(ii) is covered by a report given to the ACA under section 293 of the
Telecommunications Act 1996.
(1) The ACA may, by writing, establish advisory committees to assist it in
performing any of its functions.
(2) An advisory committee consists of such persons as the ACA from time to
time appoints to the committee.
(3) The ACA may give an advisory committee written directions as
to:
(a) the way in which the committee is to carry out its functions;
and
(b) procedures to be followed in relation to meetings.
(1) The ACA may, by written instrument, make determinations fixing charges
for:
(a) services and facilities provided by the ACA; and
(b) any matter in relation to which expenses are incurred by the ACA
under:
(i) this Act; or
(ii) the Telecommunications Act 1996; or
(iii) the Radiocommunications Act 1992; or
(iv) an instrument made under an Act referred to in subparagraph (ii) or
(iii);
and specifying the persons by whom, and the times when, the charges are
payable.
(2) A charge fixed under subsection (1) must be reasonably related to the
expenses incurred or to be incurred by the ACA in relation to the matters to
which the charge relates and must not be such as to amount to
taxation.
(3) This section does not apply to services or facilities that the ACA
provides under contract.
(4) A determination under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) The ACA may make a written determination defining one or more
expressions used in specified instruments, being instruments that are made by
the ACA under one or more specified laws of the Commonwealth.
(2) A determination under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(3) If the Minister is authorised to make an instrument under a law
specified in a determination under subsection (1), the instrument may make
provision for or in relation to a matter by applying, adopting or incorporating,
with or without modification, the provisions of a determination under subsection
(1) as in force from time to time.
(1) A person must not, unless the ACA consents in writing:
(a) use in relation to a business, trade, profession or occupation;
or
(b) use as the name, or as part of the name, of any firm, body corporate,
institution, premises, vehicle, ship or craft (including aircraft); or
(c) apply, as a trade mark or otherwise, to goods imported, manufactured,
produced, sold, offered for sale or let on 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;
either:
(e) a protected name, or a name so closely resembling a protected name as
to be likely to be mistaken for it; or
(f) a protected symbol, or a symbol so closely resembling a protected
symbol as to be likely to be mistaken for it.
(2) A person who intentionally or recklessly contravenes subsection (1) is
guilty of an offence punishable on conviction by a fine not exceeding 30 penalty
units.
(3) Nothing in subsection (1) limits anything else in that
subsection.
(4) Nothing in subsection (1), so far as it applies in relation to a
protected name or in relation to a protected symbol, affects rights conferred by
law on a person in relation to:
(a) a trade mark that is registered under the Trade Marks Act 1995;
or
(b) a design that is registered under the Designs Act
1906;
and was so registered immediately before 16 August 1996 in relation to the
name or symbol.
(5) Nothing in this section, so far as it applies to a protected name or
in relation to a protected symbol, affects the use, or rights conferred by law
relating to the use, of the name or symbol by a person in a particular manner
if, immediately before 16 August 1996, the person:
(a) was using the name or the symbol 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 name or the symbol or a similar name or symbol, goods
or services as the goods or services of the first-mentioned person.
(6) This section does not apply to a person who uses or applies a
protected name or a protected symbol for the purpose of labelling customer
equipment or customer cabling in accordance with section 391 of the
Telecommunications Act 1996 or section 182 of the Radiocommunications
Act 1992.
(7) In this section:
protected name means:
(a) "the ACA"; or
(b) "Australian Communications Authority".
protected symbol means an official symbol of the ACA, where
the design of the symbol is set out in the regulations.
(1) The ACA is to maintain a Register in which the ACA includes:
(a) all policies notified to the ACA under section 11; and
(b) all directions given to the ACA under section 12.
(2) The Register may be maintained by electronic means.
(3) A person may, on payment of the charge (if any) fixed by a
determination under section 52:
(a) inspect the Register; and
(b) make a copy of, or take extracts from, the Register.
(4) For the purposes of this section, if the Register is maintained by
electronic means, a person is taken to have made a copy of, or taken an extract
from, the Register if the ACA gives the person a printout of, or of the relevant
parts of, the Register.
(5) If a person requests that a copy be provided in an electronic form,
the ACA may provide the relevant information:
(a) on a data processing device; or
(b) by way of electronic transmission.
(6) In this section:
data processing device means any article or material (for
example, a disk) from which information is capable of being reproduced, with or
without the aid of any other article or device.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.