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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Communications and Media Authority (Consequential and Transitional Provisions)
Bill 2004
No. ,
2004
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend laws, and
to deal with transitional matters, in connection with the Australian
Communications and Media Authority Act 2004, and for related
purposes
Contents
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
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
Criminal Code Act
1995 31
Ombudsman Act
1976 31
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
A Bill for an Act to amend laws, and to deal with
transitional matters, in connection with the Australian Communications and
Media Authority Act 2004, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Communications and Media
Authority (Consequential and Transitional Provisions) Act 2004.
(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.
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Commencement information |
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|---|---|---|---|
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
|
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
|
2. Schedule 1 |
At the same time as section 6 of the Australian
Communications and Media Authority Act 2004 commences. |
|
|
|
3. Schedule 2 |
Immediately after the commencement of the provision(s) covered by table
item 2. |
|
|
|
4. Schedule 3, items 1 and 2 |
The later of: (a) the commencement of section 6 of the Australian Communications
and Media Authority Act 2004; 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. |
|
|
|
5. Schedule 3, items 3 and 4 |
The later of: (a) the commencement of section 6 of the Australian Communications
and Media Authority Act 2004; and (b) immediately after the commencement of item 2 of Schedule 1 to
the Postal Industry Ombudsman Act 2004. However, the provision(s) do not commence at all if the event mentioned in
paragraph (b) does not occur. |
|
|
|
6. Schedule 3, items 5 and 6 |
At the same time as section 6 of the Australian
Communications and Media Authority Act 2004 commences. |
|
|
|
7. Schedule 3, item 7 |
At the same time as section 6 of the Australian
Communications and Media Authority Act 2004 commences. However, if item 10 of Schedule 1 to the Postal Industry
Ombudsman Act 2004 has commenced on or before that time, the provision(s) do
not commence at all. |
|
|
|
8. Schedule 3, item 8 |
At the same time as section 6 of the Australian
Communications and Media Authority Act 2004 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 2004; and (b) immediately after the commencement of item 11 of Schedule 1
to the Postal Industry Ombudsman Act 2004. However, if item 11 of Schedule 1 to the Postal Industry
Ombudsman Act 2004 does not commence, the provision(s) do not commence at
all. |
|
|
|
10. Schedule 4 |
At the same time as section 6 of the Australian
Communications and Media Authority Act 2004 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) Each Act, and each regulation, 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.
(2) The amendment of any regulation under subsection (1) does not
prevent the regulation, as so amended, from being amended or repealed by the
Governor-General.
(3) To avoid doubt, regulations amended under subsection (1) are
taken to still be regulations.
Australian Broadcasting
Corporation Act 1983
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”.
Australian Communications
Authority Act 1997
5 The whole of the Act
Repeal the Act.
Broadcasting Services Act
1992
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 2004)”.
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 2004) 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 2004) 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 2004)”.
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 2004”.
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”.
Film Licensed Investment
Company Act 1998
63 Subparagraphs 25(a)(i) and
(ii)
Omit “Australian Broadcasting Authority”, substitute
“Australian Communications and Media Authority”.
Financial Management and
Accountability Regulations 1997
64 Part 1 of Schedule 1 (after table
item 107)
Insert:
|
107A |
Australian Communications and Media Authority (the ACMA),
comprising: (a) the Chair, the Deputy Chair, the other members and the associate
members of the ACMA; and (b) the staff mentioned in subsection 54 (1) of the Australian
Communications and Media Authority Act 2004; and (c) persons whose services are made available for the purposes of the ACMA
under subsection 55 (1) of that Act See Note B |
Chair |
Freedom of Information Act
1982
65 Division 1 of Part II of
Schedule 2
Omit “Australian Broadcasting Authority”, substitute
“Australian Communications and Media Authority”.
Income Tax Assessment Act
1997
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.
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:
BSA control rules means:
(a) sections 54A and 56A of the Broadcasting Services Act
1992; and
(b) clause 41 of Schedule 6 to the Broadcasting Services Act
1992.
75 Section 31
Repeal the section, substitute:
(1) The Minister may, after consulting the ACMA, and in accordance with
the spectrum plan, by written instrument:
(a) designate a part of the spectrum as being primarily for broadcasting
purposes; and
(b) refer it to the ACMA for planning under Part 3 of the
Broadcasting Services Act 1992.
(2) If a subsection (1) designation is in force in relation to a
particular part of the spectrum, the ACMA may make a written determination that
licences, or specified kinds of licences, can be issued in specified
circumstances in relation to that part of the spectrum, or in relation to a
specified part or parts of that part of the spectrum.
(3) In making or varying a subsection (2) determination, the ACMA
must:
(a) promote the objects, and have regard to the matters, described in
section 23 of the Broadcasting Services Act 1992; and
(b) promote the object of this Act, to the extent this is not inconsistent
with paragraph (a).
This subsection has effect subject to subsection (4).
(4) A subsection (2) determination (including as varied) must not be
inconsistent with the spectrum plan.
(5) Subject to subsections (3) and (4), the ACMA may, by written
instrument, vary a subsection (2) determination.
(6) The ACMA may, by written instrument, revoke a subsection (2)
determination.
76 Subsection 32(2)
Repeal the subsection, substitute:
(2) However, if a frequency band plan relates to a frequency band that
is:
(a) within a part of the spectrum referred to the ACMA under subsection
31(1); and
(b) wholly or partly covered by a frequency allotment plan prepared under
section 25 of the Broadcasting Services Act 1992;
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 2004”.
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:
(a) the person is a qualified company; and
(b) if the issue of the licence is not under a price-based allocation
system determined under section 106—the ACMA is satisfied that the
issue of the licence would not result in a breach of any of the BSA control
rules.
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 2004”.
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 2004”.
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 2004”.
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 2004, 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:
(a) the Division may delegate the power to a body or organisation referred
to in subsection (1) of this section;
(b) subsections 52(2), (3), (4), (5) and (6) of the Australian
Communications and Media Authority Act 2004 have effect as if the delegation
by the Division were a delegation under section 52 of that Act.
89 Subsection 122A(2)
Omit “to the ACA for a final decision.”, substitute:
, for a final decision, to:
(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 (1A).
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 2004.
91 Division 6A of Part 3.3
(heading)
Repeal the heading, substitute:
92 Sections 128C and 128D
Repeal the sections, substitute:
(1) If the ACMA is satisfied that:
(a) the licensee of a datacasting transmitter licence; or
(b) a person authorised by the licensee to operate a 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.
(2) The notice of suspension must specify, as the day on which the
suspension ceases, the first day after the end of the period specified in the
notice.
(3) The ACMA may, at any time, by written notice given to the licensee,
revoke the suspension of the licence.
(4) Section 127 applies to a suspension under this section in a
corresponding way to the way in which it applies to a suspension under
section 126.
If the ACMA is satisfied that:
(a) the licensee of a datacasting transmitter licence; or
(b) a person authorised by the licensee to operate a 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:
The ACMA must not transfer a datacasting transmitter licence to a person
unless:
(a) the person is a qualified company; and
(b) the ACMA is satisfied that the transfer would not result in a breach
of any of the BSA control rules.
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 2004
has been paid.
100 Subsection 188A(15) (definition of
radiocommunications community)
Omit “Australian Communications Authority Act 1997”,
substitute “Australian Communications and Media Authority Act
2004”.
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 2004.
102 Subsection 238(3)
Repeal the subsection, substitute:
(3) If, under section 50 of the Australian Communications and
Media Authority Act 2004, the ACMA has delegated the power referred to in
subsection (2) to a Division of the ACMA, the following provisions have
effect:
(a) the Division may delegate the power to an authority of the
Commonwealth;
(b) subsections 52(2), (3), (4), (5) and (6) of the Australian
Communications and Media Authority Act 2004 have effect as if the delegation
by the Division were a delegation under section 52 of that Act.
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 2004”.
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
2004—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:
(a) if paragraph (3)(a) applies—the member, specified in an
instrument under that paragraph, as the member who is to preside at the hearing;
or
(b) if paragraph (3)(b) applies and the delegation is to a
person—that person; or
(c) if paragraph (3)(b) applies and the delegation is to a Division
of the ACMA—a member of the Division chosen by the Division.
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 2004
has been paid.
110 Division 1 of Part 5.6
(heading)
Repeal the heading, substitute:
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:
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.
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”.
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 2004.
133 Section 7
Insert:
ACMA’s telecommunications powers means the powers
conferred on the ACMA by:
(a) this Act; or
(b) the Telecommunications (Consumer Protection and Service Standards)
Act 1999; or
(c) the Spam Act 2003; or
(d) Part XIC of the Trade Practices Act 1974; or
(e) section 12 of the Australian Communications and Media
Authority Act 2004, in so far as that section relates to the ACMA’s
telecommunications functions.
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 2004”.
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 2004”.
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 2004”.
138 Section 392
Omit “section 53 of the Australian Communications Authority
Act 1997”, substitute “section 60 of the Australian
Communications and Media Authority Act 2004”.
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 2004”.
140 Section 425
Omit “section 53 of the Australian Communications Authority
Act 1997”, substitute “section 60 of the Australian
Communications and Media Authority Act 2004”.
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 2004”.
142 After subsection 441(1)
Insert:
(1A) If, under section 50 of the Australian Communications and
Media Authority Act 2004, the ACMA has delegated a function or power
referred to in subsection (1) to a Division of the ACMA, the following
provisions have effect:
(a) the Division may delegate the function or power to a person;
(b) subsections 52(2), (3), (4), (5) and (6) of the Australian
Communications and Media Authority Act 2004 have effect as if the delegation
by the Division were a delegation under section 52 of that Act.
143 Subsection 441(2)
Omit “Subsection (1) does”, substitute
“Subsections (1) and (1A) do”.
144 Subsection 441(3)
Omit “of the ACA.”, substitute:
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 (1A).
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 2004.
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 2004”.
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 2004”.
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 2004”.
149 After subsection 467(1)
Insert:
(1A) If, under section 50 of the Australian Communications and
Media Authority Act 2004, the ACMA has delegated a power referred to in
subsection (1) to a Division of the ACMA, the following provisions have
effect:
(a) the Division may delegate the power to a body corporate;
(b) subsections 52(2), (3), (4), (5) and (6) of the Australian
Communications and Media Authority Act 2004 have effect as if the delegation
by the Division were a delegation under section 52 of that Act.
150 Subsection 467(2)
Omit “of the ACA.”, substitute:
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 (1A).
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 2004.
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 2004”.
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
2004—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:
(a) if paragraph (3)(a) applies—the member, specified in an
instrument under that paragraph, as the member who is to preside at the hearing;
or
(b) if paragraph (3)(b) applies and the delegation is to a
person—that person; or
(c) if paragraph (3)(b) applies and the delegation is to a Division
of the ACMA—a member of the Division chosen by the Division.
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 2004”.
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 2004”.
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 2004”.
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 2004”.
164 Subsection 158D(2)
Omit “ACA or the Australian Broadcasting Authority”, substitute
“ACMA”.
165 Subsection 158F(1)
Omit “Australian Broadcasting Authority”, substitute
“ACMA”.
166 Section 3 (definition of
ACA)
Repeal the definition.
167 Section 3
Insert:
ACMA means the Australian Communications and Media
Authority.
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:
(a) by omitting “ABA” (wherever occurring) and substituting
“ACMA”;
(b) by omitting “ABA” (wherever occurring) and
substituting “ACMA”;
(c) by omitting “ABA” (wherever occurring) and
substituting “ACMA”;
(d) by omitting “ABA’s” (wherever occurring) and
substituting “ACMA’s”;
(e) by omitting “ABA’s” (wherever occurring) and
substituting “ACMA’s”;
(f) by omitting “ABA’s” (wherever
occurring) and substituting “ACMA’s”;
(g) by omitting “ACA” (wherever occurring) and substituting
“ACMA”;
(h) by omitting “ACA” (wherever occurring) and
substituting “ACMA”;
(i) by omitting “ACA” (wherever occurring) and
substituting “ACMA”;
(j) by omitting “ACA’s” (wherever occurring) and
substituting “ACMA’s”;
(k) by omitting “ACA’s” (wherever occurring) and
substituting “ACMA’s”;
(l) by omitting “ACA’s” (wherever
occurring) and substituting “ACMA’s”.
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:
(a) by omitting “ABA” (wherever
occurring) and substituting “ACMA”;
(b) by omitting “ABA” (wherever
occurring) and substituting “ACMA”;
(c) by omitting “ABA’s” (wherever
occurring) and substituting “ACMA’s”;
(d) by omitting “ABA’s” (wherever
occurring) and substituting “ACMA’s”;
(e) by omitting “ACA” (wherever
occurring) and substituting “ACMA”;
(f) by omitting “ACA” (wherever
occurring) and substituting “ACMA”;
(g) by omitting “ACA’s” (wherever
occurring) and substituting “ACMA’s”;
(h) by omitting “ACA’s” (wherever
occurring) and substituting “ACMA’s”.
Australian Broadcasting
Corporation Act 1983
Broadcasting Services Act
1992
Radiocommunications Taxes
Collection Act 1983
Special Broadcasting
Service Act 1991
Telecommunications
(Consumer Protection and Service Standards) Act 1999
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”.
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 2004.
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or
prospective;
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:
(a) the Datacasting Charge (Imposition) Act 1998;
(b) the Radiocommunications (Receiver Licence Tax) Act
1983;
(c) the Radiocommunications (Spectrum Licence Tax) Act
1997;
(d) the Radiocommunications (Transmitter Licence Tax) Act
1983;
(e) the Radio Licence Fees Act 1964;
(f) the Telecommunications (Carrier Licence Charges) Act
1997;
(g) the Telecommunications (Numbering Charges) Act 1997;
(h) the Television Licence Fees Act 1964.
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.
Part 2—Assets,
liabilities and legal proceedings
2 Vesting of assets of ABA and
ACA
(1) This item applies to the assets of the ABA and of the ACA immediately
before the transition time.
(2) At the transition time, the assets to which this item applies cease to
be assets of the ABA or the ACA and become assets of the Commonwealth without
any conveyance, transfer or assignment. The Commonwealth becomes the successor
in law in relation to these assets.
3 Vesting of liabilities of ABA and
ACA
(1) This item applies to the liabilities of the ABA and of the ACA
immediately before the transition time.
(2) At the transition time, the liabilities to which this item applies
cease to be liabilities of the ABA or the ACA and become liabilities of the
Commonwealth without any conveyance, transfer or assignment. The Commonwealth
becomes the successor in law in relation to these liabilities.
4 Certificates relating to vesting of
land
(1) This item applies if:
(a) any land vests in the Commonwealth under this Part; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister; and
(ii) identifies the land, whether by reference to a map or otherwise;
and
(iii) states that the land has become vested in the Commonwealth under
this Part.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the
way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
5 Certificates relating to vesting of assets other
than land
(1) This item applies if:
(a) any asset other than land vests in the Commonwealth under this Part;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Commonwealth under
this Part.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper
and appropriate instrument for transactions in relation to assets of that kind;
and
(b) make such entries in the register as are necessary having regard to
the effect of this Part.
6 Substitution of ACMA or Commonwealth as a party to
pending proceedings
(1) Subject to subitem (2), if any proceedings to which the ABA or the
ACA was a party were pending in any court or tribunal immediately before the
transition time, the ACMA is substituted for the ABA or the ACA, from the
transition time, as a party to the proceedings.
(2) However, if the proceedings were, or were related to:
(a) proceedings taken by the ABA or the ACA in the exercise of a right
that is vested in the Commonwealth by item 2; or
(b) proceedings taken against the ABA or the ACA in respect of a liability
that is vested in the Commonwealth by item 3;
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
(1) This item applies to any records or documents that were in the custody
of the ABA or the ACA immediately before the transition time.
(2) The records and documents are to be transferred into the custody of the
ACMA at or after the transition time.
Part 3—References
to, and things done by or in relation to, ABA or ACA
8 References in instruments to ABA or
ACA
(1) This item applies to an instrument if it:
(a) was in force immediately before the transition time; and
(b) is an instrument covered by one or more of the following
subparagraphs:
(i) an instrument that was made by the ABA or ACA; or
(ii) an instrument to which the ABA or ACA was a party; or
(iii) an instrument that was given to, or in favour of, the ABA or ACA;
or
(iv) an instrument under which any right or liability accrues or may
accrue to the ABA or ACA; or
(v) any other instrument in which a reference is made to the ABA or
ACA.
(2) Subject to subitem (3), an instrument to which this item applies
continues to have effect from the transition time as if a reference in the
instrument to the ABA or ACA (whether the reference is in that abbreviated form
or is in the full name of that Authority) were a reference to the
ACMA.
(3) However, if:
(a) the reference is to the ABA or the ACA as an entity with a particular
power or capacity (for example, as party to a contract or the holder of real or
personal property); and
(b) the ACMA does not have that power or capacity (see sections 12
and 18 of the ACMA Act);
the reference has effect from the transition time as if it were a reference
to the Commonwealth.
(4) The regulations may determine that one of subitems (2) and (3),
rather than the other of those subitems, applies in relation to a particular
reference or class of references.
(5) For the purposes of this item, an instrument:
(a) includes, but is not limited to, a regulation, declaration,
determination, direction, licence, application or standard; but
(b) does not include an Act, or an instrument made under an Imposition
Act.
9 Transfer of appropriated
money
(1) For the purposes of the operation of an Appropriation Act after the
commencement of this Schedule, references to the Australian Broadcasting
Authority or the Australian Communications Authority are to be read as
references to the Australian Communications and Media Authority.
(2) In this item:
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.
(1) This item applies to a thing done by, or in relation to, the ABA or the
ACA under:
(a) a provision (the authorising provision) of an Act, other
than:
(ii) a provision of an Imposition Act; or
(ii) a provision that is repealed by this Act; or
(b) a provision (the authorising provision) of an instrument
made under a provision of an Act, other than:
(ii) a provision of an Imposition Act; or
(ii) a provision that is repealed by this Act.
(2) Subject to subitem (3), the thing done has effect from the
transition time as if it had been done by, or in relation to, the ACMA under the
authorising provision as in force from the transition time. However this is not
taken to change the time at which the thing was actually done.
(3) However if the thing done is a thing of a kind that, under the
authorising provision as in force from the transition time, cannot be done by or
in relation to the ACMA, the thing has effect from the transition time as if it
had been done by or in relation to the Commonwealth.
(4) The regulations may:
(a) provide that this item does not apply to a specified class or classes
of things done; or
(b) determine that one of subitems (2) and (3), rather than the other
of those subitems, applies in relation to a particular thing done, or class of
things done; or
(c) clarify how a thing has effect as mentioned in subitem (2) or
(3).
11 Continuation of inquiries, investigations and
hearings
(1) If the ABA or ACA (however constituted) was holding or conducting an
inquiry, investigation or hearing (the proceeding) that had not
ended or been discontinued by the transition time, the ACMA is to continue the
proceeding in accordance with the provisions as amended by this Act (the
relevant provisions) that apply in relation to that kind of
inquiry, investigation or hearing.
(2) The ACMA is to take whatever action, under or for the purposes of the
relevant provisions, as is necessary for the continuation of the proceeding.
However this does not limit any power or discretion that the ACMA would
otherwise have to discontinue such a proceeding.
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.
(3) Anything done for the purposes of the proceeding before the transition
time is taken to have been done for the purposes of the proceeding as continued
in accordance with this item.
(4) This item has effect despite item 10, but does not otherwise limit
the generality of that item.
12 Continued effect of certain instruments made
under the repealed provisions
(1) An instrument:
(a) made or given under the Australian Communications Authority Act
1997 and specified in the following table; and
(b) in force immediately before the transition time;
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 under this provision of the Australian
Communications Authority Act 1997... |
continues to have effect as if it were made or given under this
provision of the ACMA Act... |
|
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 41(1)(a) |
paragraph 55(1)(a) |
|
4 |
arrangement under paragraph 41(1)(b) |
paragraph 55(1)(b) |
|
5 |
direction given under subsection 52(3) |
subsection 59(5) |
|
6 |
determination under subsection 53(1) |
subsection 60(1) |
|
7 |
determination under subsection 54(1) |
subsection 64(1) |
(2) A determination in force under clause 61 of Schedule 4 to the
Broadcasting Services Act 1992 immediately before the transition time has
effect from the transition time as if it were a determination under subsection
60(1) of the ACMA Act.
(3) A designation or reference in force under subsection 31(1) of the
Radiocommunications Act 1992 immediately before the transition time has
effect from the transition time as if it were a designation or reference under
subsection 31(1) of that Act as amended by Schedule 1 to this
Act.
(4) An agreement in force under subsection 31(2) of the
Radiocommunications Act 1992 immediately before the transition time has
effect from the transition time as if it were a determination under subsection
31(2) of that Act as amended by Schedule 1 to this Act.
(5) A suspension in force under subsection 128C(2) of the
Radiocommunications Act 1992 immediately before the transition time has
effect from the transition time as if it were a suspension under subsection
128C(1) of that Act as amended by Schedule 1 to this Act.
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:
(a) established under section 51 of the Australian Communications
Authority Act 1997; and
(b) in existence immediately before the transition time;
continues in existence from the transition time as if it were established
under subsection 58(1) of the ACMA Act.
(2) The persons on the committee immediately before the transition time are
taken to have been appointed at the transition time under subsection 58(2) of
the ACMA Act.
(3) A direction:
(a) given to the committee under subsection 51(3) of the Australian
Communications Authority Act 1997; and
(b) in force immediately before the transition time;
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
(1) This item applies if the transition time is in April, May or June of a
financial year (the first year).
(2) Section 57 of the ACMA Act does not apply in relation to the first
year.
(3) That section applies in relation to the next financial year (the
next year) as if the next year also included the period:
(a) starting at the transition time; and
(b) ending at the end of the first year.
15 Final annual report for ABA and
ACA
ACMA must prepare final annual reports for ABA and
ACA
(1) For the transitional reporting period (see whichever of
subitems (4) and (5) applies), the ACMA must prepare the report referred to
in section 9 of the Commonwealth Authorities and Companies Act 1997
for the ABA and the ACA.
(2) A report for the ACA must include the matters described in
section 50 of the Australian Communications Authority Act 1997 as in
force immediately before the transition time.
(3) The obligation under section 9 of the Commonwealth Authorities
and Companies Act 1997 imposed on the final directors of the ABA and the ACA
to prepare an annual report for the transitional reporting period is satisfied
if the report is prepared by the ACMA.
Transitional reporting periods
(4) If the transition time is on 1 July 2005, the financial year that
started on 1 July 2004 is the transitional reporting
period.
(5) If the transition time is in the financial year that started on
1 July 2004, the period that:
(a) started at the beginning of that financial year; and
(b) ended immediately before the transition time;
is the transitional reporting period.
Miscellaneous
(6) For the purposes of this item, references to a financial year
in:
(a) section 50 of the Australian Communications Authority Act
1997; and
(a) section 9 of the Commonwealth Authorities and Companies Act
1997;
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:
(a) 12 months after the transition time; or
(b) if a longer period is specified in the regulations—that longer
period;
as if:
(c) that Act had not been repealed; and
(d) the reference in subsection 55(2A) of that Act to the ACA were a
reference to the ACMA; and
(e) any consent given under subsection 55(2A) of that Act that was in
force immediately before the transition time had been given by the
ACMA.
17 Exemption from stamp duty and other State or
Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a
Territory in respect of an exempt matter, or anything connected with an exempt
matter.
(2) For the purposes of this item, an exempt matter
is:
(a) the vesting of an asset or liability under this Schedule; or
(b) the operation of this Schedule in any other respect.
(3) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was connected with a specified exempt
matter.
(4) In all courts, and for all purposes (other than for the purposes of
criminal proceedings), a certificate under subitem (3) is prima facie
evidence of the matters stated in the certificate.
18 Constitutional safety net
(1) If:
(a) a provision of this Schedule would result in an acquisition of
property; and
(b) the provision would not be valid, apart from this section, because a
particular person has not been compensated;
the Commonwealth must pay that person:
(c) a reasonable amount of compensation agreed on between the person and
the Commonwealth; or
(d) failing agreement—a reasonable amount of compensation determined
by a court of competent jurisdiction.
(2) Any damages or compensation recovered, or other remedy given, in a
proceeding begun otherwise than under this item must be taken into account in
assessing compensation payable in a proceeding begun under this item and arising
out of the same event or transaction.
(3) In this item:
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:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
20 Delegation by Minister
(1) The Minister may, by writing, delegate all or any of his or her powers
and functions under this Schedule to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
(2) In exercising powers or functions under a delegation, the delegate must
comply with any directions of the Minister.
21 Regulations
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Schedule to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Schedule.
(2) In particular, regulations may be made prescribing matters of a
transitional nature (including prescribing any saving or application provisions)
relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of this Act or the ACMA Act.