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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Communications
and the Arts Legislation Amendment Bill
2000
No. ,
2000
(Communications, Information Technology and the
Arts)
A Bill for an Act to amend
legislation relating to communications and the arts, and for related
purposes
ISBN: 0642 454442
Contents
Public Lending Right Act
1985 3
Telecommunications Act
1997 3
Telecommunications (Consumer Protection and Service Standards) Act
1999 4
Trade Practices Act
1974 4
A Bill for an Act to amend legislation relating to
communications and the arts, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Communications and the Arts Legislation
Amendment Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
The amendments of the Public Lending Right Act 1985 made by
Schedule 1 to this Act apply in relation to claims made after the
commencement of this Act.
The amendments of the Telecommunications Act 1997 made by
Schedule 1 to this Act apply in relation to acts or omissions occurring
after the commencement of this Act.
A notice in force under subsection 151AQB(2) of the Trade Practices
Act 1974 immediately before the commencement of this section is taken, after
the commencement of this section, to be an advisory notice in force under
subsection 151AQB(1) of that Act.
1 After section 2
Insert:
The objects of this Act are:
(a) to make payments to Australian creators of books, and to publishers of
books in Australia, in recognition of their loss of income from their books
being available for loan from, or for use in, public lending libraries in
Australia; and
(b) to support the enrichment of Australian culture by encouraging
Australian persons to create books and by encouraging publishers to publish
books in Australia.
2 Subsection 5(4)
After “means”, insert “any of the
following”.
3 Paragraph 5(4)(b)
Repeal the paragraph.
4 Paragraph 5(4)(c)
Omit “or otherwise contributed to its form or
contents”.
5 Paragraph 5(4)(d)
Repeal the paragraph.
6 After subsection 315(3)
Insert:
(3A) The provider is not liable to an action or other proceeding for
damages for or in relation to an act done or omitted in good faith in compliance
with the request.
(3B) An officer, employee or agent of the provider is not liable to an
action or other proceeding for damages for or in relation to an act done or
omitted in good faith in connection with an act done or omitted by the provider
as mentioned in subsection (3A).
7 After section 346
Insert:
(1) A carrier or carriage service provider is not liable to an action or
other proceeding for damages for or in relation to an act done or omitted in
good faith in compliance with a designated disaster plan covered by subsection
345(1) or 346(1), as the case may be.
(2) An officer, employee or agent of a carrier or of a carriage service
provider is not liable to an action or other proceeding for damages for or in
relation to an act done or omitted in good faith in connection with an act done
or omitted by the carrier or provider as mentioned in
subsection (1).
Telecommunications
(Consumer Protection and Service Standards) Act 1999
8 Subsection 128(3)
Omit “ACN 057 634 787”, substitute “ABN 46 057 634
787”.
9 Subsections 151AQB(1) and
(2)
Repeal the subsections, substitute:
(1) The Commission may:
(a) at the same time as it issues a Part A competition notice in relation
to a carrier or carriage service provider; or
(b) at any time after a Part A competition notice has been issued in
relation to a carrier or carriage service provider;
give the carrier or provider a written notice (an advisory
notice) advising the carrier or provider of the action it should take,
or consider taking, in order to ensure that it does not engage, or continue to
engage, in the kind of conduct dealt with in the Part A competition
notice.
10 Subsection 151AQB(3)
Omit “A notice under subsection (2)”, substitute “An
advisory notice”.
11 Subsection 151AQB(4)
Omit “A notice under subsection (2)”, substitute “An
advisory notice”.
12 Subsection 151AQB(5)
Omit “a notice under subsection (2)”, substitute “an
advisory notice”.
13 Subsection 151AQB(6)
Omit “a notice under subsection (2)”, substitute “an
advisory notice”.
14 Subsection 151AQB(7)
Omit “a notice under subsection (2)”, substitute “an
advisory notice”.
15 Subsection 151AQB(7)
Omit “the notice under subsection (2)”, substitute
“the advisory notice”.
16 Paragraph 151CM(1)(c)
Omit “Division 5 of Part 7 of the Telecommunications Act
1997”, substitute “Division 11 of Part 2 of the
Telecommunications (Consumer Protection and Service Standards) Act
1999”.
17 At the end of subsection
151CM(1)
Add:
; and (d) the adequacy of each digital data service provider’s
compliance with its obligations under Division 12 of Part 2 of the
Telecommunications (Consumer Protection and Service Standards) Act 1999
(which deals with regulation of digital data service charges).
18 After section 152CW
Insert:
Chairperson is part of the arbitration
(1) If the Chairperson is one of the members (the sitting
members) of the Commission as constituted under section 152CV in
relation to an arbitration, the procedural powers of the Commission in relation
to the arbitration may be exercised by either or both of the
following:
(a) the Chairperson;
(b) a sitting member nominated in writing by the Chairperson for the
purposes of this paragraph.
Chairperson is not part of the arbitration
(2) If the Chairperson is not one of the sitting members, the procedural
powers of the Commission in relation to the arbitration may be exercised by
either or both of the following:
(a) the sitting member nominated under subsection 152CW(2) to preside at
the arbitration;
(b) a sitting member nominated in writing by the Chairperson for the
purposes of this paragraph.
Definition
(3) For the purposes of this section, a procedural power of
the Commission in relation to an arbitration is a power of the Commission in
relation to the arbitration other than:
(a) a power conferred by this Division to make, vary or revoke a
determination; or
(b) a power conferred by this Division to give a draft determination to
the parties.