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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Communications Legislation
Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
(Communications)
A Bill for an Act to amend laws relating to
communications, and for related purposes
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Streamlining regulation
3
Broadcasting Services Act 1992
3
Telecommunications (Consumer Protection and Service Standards)
Act 1999
5
Schedule 2--Complaints handling by the ACMA
6
Australian Communications and Media Authority Act 2005
6
Broadcasting Services Act 1992
6
Schedule 3--Monitoring of the telecommunications industry
9
Competition and Consumer Act 2010
9
Telecommunications Act 1997
12
Schedule 4--Technical amendments
13
Australian Broadcasting Corporation Act 1983
13
Special Broadcasting Service Act 1991
13
Schedule 5--Spent and redundant legislation
15
Part 1--Repeals
15
Part 2--Other amendments
19
Competition and Consumer Act 2010
19
National Transmission Network Sale Act 1998
19
Telecommunications Act 1997
19
Telstra Corporation Act 1991
20
Schedule 6--Numbering arrangements
21
Part 1--Amendments
21
Telecommunications Act 1997
21
Telecommunications (Consumer Protection and Service Standards)
Act 1999
31
ii
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
Part 2--Transitional provisions
32
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
1
A Bill for an Act to amend laws relating to
1
communications, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Communications Legislation
5
Amendment (Deregulation and Other Measures) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Streamlining regulation Schedule 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
3
Schedule 1--Streamlining regulation
1
2
Broadcasting Services Act 1992
3
1 Section 64
4
Repeal the section.
5
2 Section 65A (heading)
6
Repeal the heading, substitute:
7
65A Strict liability offence
8
3 Section 65A
9
Omit ", or 64".
10
4 Section 65B
11
Repeal the section, substitute:
12
65B Designated infringement notice provision
13
Section 63 is a designated infringement notice provision.
14
5 Subsections 123(3A) to (3D)
15
Repeal the subsections.
16
6 Subsection 205B(4)
17
Omit all the words after "made", substitute:
18
by:
19
(a) the chief executive officer of the licensee; or
20
(b) the secretary of the licensee; or
21
(c) a director of the licensee; or
22
(d) a person, authorised by the chief executive officer or
23
secretary, who has knowledge of the financial affairs of the
24
licensee.
25
Schedule 1 Streamlining regulation
4
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
7 Subsection 205B(4A)
1
Repeal the subsection, substitute:
2
(4A) For the purpose of subparagraph (1)(c)(i), a licensee must give the
3
ACMA:
4
(a) an audited balance-sheet if the ACMA notifies the licensee in
5
writing that it requires the balance-sheet to be audited; and
6
(b) an audited profit and loss account if the ACMA notifies the
7
licensee in writing that it requires the profit and loss account
8
to be audited.
9
8 Subparagraph 205BA(1)(c)(i)
10
Omit "an audited" (wherever occurring), substitute "a".
11
9 Subsection 205BA(2)
12
Omit all the words after "made", substitute:
13
by:
14
(a) the chief executive officer of the licensee; or
15
(b) the secretary of the licensee; or
16
(c) a director of the licensee; or
17
(d) a person, authorised by the chief executive officer or
18
secretary, who has knowledge of the financial affairs of the
19
licensee.
20
10 After subsection 205BA(2)
21
Insert:
22
(2A) For the purpose of subparagraph (1)(c)(i), a licensee must give the
23
ACMA:
24
(a) an audited balance-sheet if the ACMA notifies the licensee in
25
writing that it requires the balance-sheet to be audited; and
26
(b) an audited profit and loss account if the ACMA notifies the
27
licensee in writing that it requires the profit and loss account
28
to be audited.
29
11 At the end of section 205C
30
Add:
31
Streamlining regulation Schedule 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
5
(4) If the amount paid is less than the amount worked out by the
1
ACMA as the licence fee that is due and payable, the ACMA may
2
waive the amount unpaid and any additional fees that have become
3
payable under section 205D if, in the ACMA's opinion, it would
4
not be efficient to recover the amount unpaid and additional fees.
5
(5) If the ACMA waives the amount unpaid and any additional fees
6
that have become payable, the notice given to the licensee under
7
subsection (2) must state that the amount and additional fees have
8
been waived and are no longer payable.
9
12 Paragraphs 7(1)(g) and (ga) of Schedule 2
10
Repeal the paragraphs.
11
13 Paragraphs 9(1)(g) and (ga) of Schedule 2
12
Repeal the paragraphs.
13
14 Subclause 11(3) of Schedule 2
14
Repeal the subclause.
15
Telecommunications (Consumer Protection and Service
16
Standards) Act 1999
17
15 Subsection 5(2) (definition of VOIP service)
18
Repeal the definition.
19
16 Section 12D
20
Before "Until", insert "(1)".
21
17 At the end of section 12D
22
Add:
23
(2) Despite subsection 12A(6), the determination that the Minister is
24
taken to have made is not a legislative instrument.
25
Schedule 2 Complaints handling by the ACMA
6
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
Schedule 2--Complaints handling by the
1
ACMA
2
3
Australian Communications and Media Authority Act 2005
4
1 Section 3 (paragraph (b) of the definition of investigation)
5
Omit "11 or".
6
2 Paragraph 4(3)(a)
7
Omit "11 or".
8
Broadcasting Services Act 1992
9
3 Part 11
10
Repeal the Part.
11
4 After section 170
12
Insert:
13
170A Complaints to ACMA
14
(1) A person may make a complaint to the ACMA in relation to a
15
broadcasting service or datacasting service.
16
(2) The ACMA may conduct an investigation into the complaint if it
17
thinks that it is desirable to do so, but is not required to conduct an
18
investigation.
19
Note:
One of the ACMA's functions is to monitor and investigate
20
complaints concerning broadcasting services (including national
21
broadcasting services) and datacasting services. For example, the
22
ACMA may, at its discretion, investigate a complaint by a person
23
relating to compliance with a code of practice if the person is not
24
satisfied with the broadcaster's response.
25
5 After section 171
26
Insert:
27
Complaints handling by the ACMA Schedule 2
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
7
171A Procedure for conduct of investigations
1
(1) Subject to this Division, the procedure for the conduct of an
2
investigation is within the discretion of the ACMA.
3
(2) The ACMA must publish on its website guidelines as to the
4
procedures that the ACMA will follow in relation to the
5
investigation of complaints. The guidelines do not prevent the
6
ACMA from adopting a different procedure in relation to a
7
particular complaint.
8
6 At the end of Division 2 of Part 13
9
Add:
10
181 Recommendation by ACMA for complaints relating to the ABC
11
or SBS
12
(1) If:
13
(a) a person makes a complaint to the ACMA on the ground that
14
the Australian Broadcasting Corporation or the Special
15
Broadcasting Service Corporation:
16
(i) has, in providing a national broadcasting service or a
17
datacasting service, acted contrary to a code of practice
18
developed by the Corporation and notified to the
19
ACMA; or
20
(ii) has breached Part 9D (which deals with captioning); and
21
(b) the ACMA, having decided to investigate the complaint, is
22
satisfied that:
23
(i) the complaint was justified; and
24
(ii) the ACMA should encourage the Corporation to comply
25
with the relevant code of practice or with Part 9D;
26
the ACMA may, by notice in writing given to the Corporation,
27
recommend that it take action to comply with the relevant code of
28
practice or with Part 9D and take such other action in relation to
29
the complaint as is specified in the notice.
30
(2) That other action may include broadcasting or otherwise publishing
31
an apology or retraction.
32
Schedule 2 Complaints handling by the ACMA
8
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
181A ACMA may report to Minister on results of recommendation
1
(1) If:
2
(a) the ACMA has made a recommendation to the Australian
3
Broadcasting Corporation or the Special Broadcasting
4
Service Corporation under section 181; and
5
(b) the Corporation does not, within 30 days after the
6
recommendation was given, take action that the ACMA
7
considers to be appropriate;
8
the ACMA may give the Minister a written report on the matter.
9
(2) If the ACMA gives the Minister a report, the Minister must cause a
10
copy of the report to be laid before each House of the Parliament
11
within 7 sitting days of that House after the day on which he or she
12
received the report.
13
Monitoring of the telecommunications industry Schedule 3
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
9
Schedule 3--Monitoring of the
1
telecommunications industry
2
3
Competition and Consumer Act 2010
4
1 Section 151AA
5
Omit:
6
•
Carriers and carriage service providers may be directed to file
7
tariff information with the Commission. The direction is
8
called a tariff filing direction.
9
2 Section 151AB (definition of tariff filing direction)
10
Repeal the definition.
11
3 Divisions 4 and 5 of Part XIB
12
Repeal the Divisions.
13
4 Paragraph 151BU(4)(b)
14
Repeal the paragraph.
15
5 After subsection 151BU(4)
16
Insert:
17
(4A) The Commission must review any rules for keeping or retaining
18
records containing information relevant to the operation of
19
Division 12 of this Part at least once in each of the following
20
periods:
21
(a) the period of 1 year after the commencement of this
22
subsection;
23
(b) the period of 5 years after the completion of the previous
24
review.
25
(4B) In reviewing rules under subsection (4A), the Commission must
26
have regard to:
27
(a) whether the information is publically available; and
28
Schedule 3 Monitoring of the telecommunications industry
10
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
(b) whether consumer demand for the goods and services to
1
which the information relates has changed; and
2
(c) the usefulness of the information to consumers, industry, the
3
Minister and Parliament.
4
6 Division 7 of Part XIB (heading)
5
Repeal the heading, substitute:
6
Division 7--Enforcement of the competition rule,
7
record-keeping rules and disclosure directions
8
7 Section 151BW (heading)
9
Repeal the heading, substitute:
10
151BW Person involved in a contravention of the competition rule, a
11
record-keeping rule or a disclosure direction
12
8 Section 151BW
13
Omit "a tariff filing direction,".
14
9 Section 151BX (heading)
15
Repeal the heading, substitute:
16
151BX Pecuniary penalties for breach of the competition rule, a
17
record-keeping rule or a disclosure direction
18
10 Paragraphs 151BX(1)(a), (b) and (c)
19
Omit "a tariff filing direction,".
20
11 Paragraph 151BX(3)(b)
21
Repeal the paragraph.
22
12 Paragraph 151BX(4)(b)
23
Omit "any other case", substitute "the case of a contravention of the
24
competition rule".
25
Monitoring of the telecommunications industry Schedule 3
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
11
13 Paragraph 151BX(5)(a)
1
Repeal the paragraph.
2
14 Subsection 151BX(5)
3
Omit "tariff filing directions,".
4
15 Section 151BZ (heading)
5
Repeal the heading, substitute:
6
151BZ Criminal proceedings not to be brought for contraventions of
7
the competition rule, record-keeping rules or disclosure
8
directions
9
16 Paragraphs 151BZ(1)(a), (b) and (c)
10
Omit "a tariff filing direction,".
11
17 Subsection 151BZ(2)
12
Repeal the subsection.
13
18 Paragraphs 151CA(1)(a) to (f)
14
Omit "a tariff filing direction,".
15
19 Subsection 151CD(1)
16
Omit "or a tariff filing direction".
17
20 Subsection 151CI(3)
18
Repeal the subsection.
19
21 Paragraph 151CJ(1)(d)
20
Omit "151BQ,".
21
22 Subsection 151CM(1)
22
Omit all the words after "each financial year", substitute "on, charges
23
paid by consumers in telecommunications markets".
24
23 Subsections 151CM(2) to (5)
25
Repeal the subsections, substitute:
26
Schedule 3 Monitoring of the telecommunications industry
12
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
(2) The Commission may decide which charges to monitor and report
1
on, having regard to which goods or services are most commonly
2
used by consumers.
3
(3) The Commission must publish the report on its website within 3
4
months after the end of the financial year concerned.
5
Telecommunications Act 1997
6
24 Subsections 105(1) to (4)
7
Repeal the subsections.
8
25 Subsections 105(6) and (7)
9
Omit "(1), (4) or".
10
26 Subsection 105(8)
11
Repeal the subsection.
12
27 At the end of section 105A
13
Add:
14
(3) If the direction requires the report to be in a specified form, the
15
report must be in that form.
16
(4) The ACMA must comply with any requirement in the direction as
17
to the publication of the report.
18
Technical amendments Schedule 4
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
13
Schedule 4--Technical amendments
1
2
Australian Broadcasting Corporation Act 1983
3
1 Subsection 79A(5)
4
Repeal the following definitions:
5
(a) definition of election;
6
(b) definition of election period;
7
(c) definition of Parliament;
8
(d) definition of referendum.
9
Special Broadcasting Service Act 1991
10
2 Section 3
11
Insert:
12
broadcasting service has the same meaning as in the Broadcasting
13
Services Act 1992.
14
3 Paragraph 3A(1)(c)
15
Omit "radio or television", substitute "broadcasting".
16
4 Subsection 6(1)
17
Omit "radio, television", substitute "broadcasting".
18
5 Paragraph 6(2)(g)
19
Omit all the words before "contribute".
20
6 Paragraph 6(2)(g)
21
Omit "television and radio", substitute "broadcasting and digital
22
media".
23
7 Paragraph 6(2)(h)
24
Omit all the words before "contribute".
25
Schedule 4 Technical amendments
14
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
8 Paragraph 6(2)(h)
1
Omit "television and radio", substitute "broadcasting and digital
2
media".
3
9 Paragraph 44(1)(b)
4
After "transmit", insert "or communicate".
5
10 Paragraph 44(1)(b)
6
After "transmissions", insert "and communications".
7
11 Paragraph 44(1)(c)
8
After "transmission", insert "or communication".
9
12 Paragraph 44(1)(d)
10
Omit "or transmission of programs", substitute ", transmission or
11
communication of programs or other matter".
12
13 Subsection 70A(5)
13
Repeal the following definitions:
14
(a) definition of election;
15
(b) definition of election period;
16
(c) definition of Parliament;
17
(d) definition of referendum.
18
14 Paragraph 70C(1)(b)
19
Omit "radio or television", substitute "broadcasting".
20
Spent and redundant legislation Schedule 5
Repeals Part 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
15
Schedule 5--Spent and redundant legislation
1
Part 1--Repeals
2
1 Repeal of Acts
3
Repeal the following Acts:
4
AUSSAT Repeal Act 1991
5
Australian Broadcasting Corporation Amendment Act 1993
6
Australian Postal Corporation Amendment Act 1994
7
Broadcasting Amendment Act 1987
8
Broadcasting Amendment Act 1990
9
Broadcasting Amendment Act 1991
10
Broadcasting Amendment Act (No. 2) 1987
11
Broadcasting Amendment Act (No. 2) 1990
12
Broadcasting Amendment Act (No. 2) 1991
13
Broadcasting Amendment Act (No. 3) 1987
14
Broadcasting Amendment Act (No. 4) 1987
15
Broadcasting and Television Amendment Act 1980
16
Broadcasting and Television Amendment Act 1982
17
Broadcasting and Television Amendment Act 1984
18
Schedule 5 Spent and redundant legislation
Part 1 Repeals
16
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
Broadcasting and Television Amendment Act 1985
1
Broadcasting and Television Legislation Amendment Act
2
1985
3
Broadcasting and Television Legislation Amendment Act
4
1986
5
Broadcasting (Foreign Ownership) Amendment Act 1990
6
Broadcasting (Ownership and Control) Act 1987
7
Broadcasting (Ownership and Control) Act 1988
8
Broadcasting Services Amendment Act 1997
9
Broadcasting Services Legislation Amendment Act 1997
10
Broadcasting Stations Licence Fees Act 1981
11
Broadcasting Stations Licence Fees Amendment Act 1983
12
Broadcasting Stations Licence Fees Amendment Act 1985
13
National Transmission Network Sale (Consequential
14
Amendments) Act 1998
15
NRS Levy Imposition Amendment Act 1999
16
Radiocommunications (Miscellaneous Provisions) Act 1982
17
Radiocommunications (Receiver Licence Tax) Amendment
18
Act 1992
19
Spent and redundant legislation Schedule 5
Repeals Part 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
17
Radiocommunications (Receiver Licence Tax) Amendment
1
Act 1997
2
Radiocommunications (Test Permit Tax) Amendment Act
3
1992
4
Radiocommunications (Transmitter Licence Tax)
5
Amendment Act 1992
6
Radiocommunications (Transmitter Licence Tax)
7
Amendment Act 1997
8
Radio Licence Fees Amendment Act 1987
9
Radio Licence Fees Amendment Act 1991
10
Radio Licence Fees Amendment Act (No. 2) 1987
11
Satellite Communications Amendment Act 1988
12
Telecommunications Amendment Act 1994
13
Telecommunications Amendment Act 1998
14
Telecommunications (Carrier Licence Fees) Amendment Act
15
1995
16
Telecommunications (Carrier Licence Fees) Amendment Act
17
1996
18
Telecommunications (Carrier Licence Fees) Termination Act
19
1997
20
Schedule 5 Spent and redundant legislation
Part 1 Repeals
18
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
Telecommunications Laws Amendment (Universal Service
1
Cap) Act 1999
2
Telecommunications Legislation Amendment Act 1997
3
Telecommunications (Universal Service Levy) Amendment
4
Act 1999
5
Television Broadcasting Services (Digital Conversion) Act
6
1998
7
Television Licence Fees Amendment Act 1987
8
Television Licence Fees Amendment Act (No. 2) 1987
9
Television Licence Fees Amendment Act (No. 3) 1987
10
Television Stations Licence Fees Act 1981
11
Television Stations Licence Fees Amendment Act 1983
12
Television Stations Licence Fees Amendment Act 1985
13
Telstra (Transition to Full Private Ownership) Act 2005
14
Spent and redundant legislation Schedule 5
Other amendments Part 2
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
19
Part 2--Other amendments
1
Competition and Consumer Act 2010
2
2 Sections 152ELB and 152EOA
3
Repeal the sections.
4
National Transmission Network Sale Act 1998
5
3 Part 5
6
Repeal the Part.
7
4 Sections 25 and 27
8
Repeal the sections.
9
Telecommunications Act 1997
10
5 Section 582
11
After:
12
•
The Minister may make grants of financial assistance for
13
purposes in connection with research into the social,
14
economic, environmental or technological implications of
15
developments relating to telecommunications.
16
insert:
17
•
Losses incurred by Optus Networks before 1 February 1992
18
may not be claimed as deductions.
19
6 After section 593
20
Insert:
21
Schedule 5 Spent and redundant legislation
Part 2 Other amendments
20
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
593A Removal of Optus Networks' tax losses
1
(1) This section applies in relation to Optus Networks Pty Limited
2
(ACN 008 570 330) (Optus Networks) (whether or not its name is
3
changed).
4
(2) Optus Networks cannot deduct from its assessable income for a
5
year of income ending on or after 1 February 1992 a loss (or a part
6
of a loss) incurred in a year of income ending on or before
7
1 February 1992.
8
(3) Subsection (2) has effect despite anything in the Income Tax
9
Assessment Act 1936, in particular, sections 79E, 79F, 80, 80AAA
10
and 80AA of that Act as in force before 14 September 2006.
11
(4) Optus Networks cannot deduct from its assessable income for the
12
1997-98 income year, or a later income year, a tax loss (or a part of
13
a tax loss) incurred in an income year ending on or before
14
1 February 1992.
15
(5) Subsection (4) has effect despite anything in the Income Tax
16
Assessment Act 1997, in particular Division 36 of that Act.
17
(6) An expression has the same meaning in this section as it has in the
18
Income Tax Assessment Act 1936 or the Income Tax Assessment
19
Act 1997.
20
Telstra Corporation Act 1991
21
7 Section 3 (definition of designated day)
22
Omit "the day declared under section 3 of the Telstra (Transition to Full
23
Private Ownership) Act 2005", substitute "24 November 2006".
24
8 Paragraph 3B(1)(b)
25
Omit "the commencement of Part 1 of Schedule 1 to the Telstra
26
(Transition to Full Private Ownership) Act 2005", substitute
27
"23 September 2005".
28
Numbering arrangements Schedule 6
Amendments Part 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
21
Schedule 6--Numbering arrangements
1
Part 1--Amendments
2
Telecommunications Act 1997
3
1 Section 5
4
Omit:
5
•
The ACMA may regulate numbering by means of a
6
numbering plan.
7
substitute:
8
•
Numbering may be administered by a numbering scheme
9
manager or by the ACMA.
10
2 Section 7 (subparagraph (b)(iv) of definition of emergency
11
call service)
12
Repeal the subparagraph, substitute:
13
(iv) if there is a numbering scheme manager--a service
14
specified by the ACMA for the purposes of this
15
subparagraph in a legislative instrument; or
16
(iva) if there is no numbering scheme manager--a service
17
specified for the purposes of this subparagraph in the
18
numbering plan made by the ACMA; or
19
3 Section 7 (subparagraph (b)(v) of definition of emergency
20
call service)
21
Omit "or (iv)", substitute ", (iv) or (iva)".
22
4 Section 7
23
Insert:
24
numbering scheme means the scheme for planning and managing:
25
(a) the numbering of carriage services in Australia; and
26
Schedule 6 Numbering arrangements
Part 1 Amendments
22
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
(b) the use of numbers in connection with the supply of such
1
services; and
2
(c) the specification, allocation and issuing of numbers for that
3
use.
4
numbering scheme manager: see subsection 454A(2).
5
numbering scheme principles: see subsection 454C(2).
6
5 Subsection 285(2) (definition of public number)
7
Omit "in the numbering plan as mentioned in subsection 455(3)",
8
substitute "for use in connection with the supply of carriage services to
9
the public in Australia (within the meaning of subsection 456(2))".
10
6 Subparagraph 286(c)(v)
11
Repeal the subparagraph, substitute:
12
(v) if there is a numbering scheme manager--a service
13
specified by the ACMA for the purposes of this
14
subparagraph in a legislative instrument; or
15
(va) if there is no numbering scheme manager--a service
16
specified for the purposes of this subparagraph in the
17
numbering plan made by the ACMA; or
18
7 Subparagraph 286(c)(vi)
19
Omit "or (v)", substitute ", (v) or (va)".
20
8 Section 454
21
Omit:
22
•
The ACMA is required to make a plan for:
23
(a)
the numbering of carriage services in Australia; and
24
(b)
the use of numbers in connection with the supply of
25
such services.
26
•
The plan is called the numbering plan.
27
substitute:
28
Numbering arrangements Schedule 6
Amendments Part 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
23
•
The numbering of carriages services in Australia, and the use
1
of numbers in connection with the supply of such services,
2
may either be:
3
(a)
managed by a numbering scheme manager determined
4
by the Minister; or
5
(b)
administered by the ACMA under a numbering plan.
6
9 Section 454
7
Omit:
8
•
The numbering plan will specify emergency service numbers.
9
substitute:
10
•
The ACMA will specify emergency service numbers.
11
10 Before Subdivision A of Division 2 of Part 22
12
Insert:
13
Subdivision AA--Management by numbering scheme manager
14
454A Minister may determine numbering scheme manager
15
(1) The Minister may, by legislative instrument, determine that a
16
specified person is to manage the numbering scheme.
17
(2) The person is the numbering scheme manager.
18
(3) The Minister must not determine a person as the numbering
19
scheme manager unless the Minister is satisfied that the person will
20
manage the numbering scheme in accordance with the numbering
21
scheme principles.
22
(4) Before determining a person as the numbering scheme manager,
23
the Minister must consult with the ACMA and the ACCC.
24
Schedule 6 Numbering arrangements
Part 1 Amendments
24
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
454B No property rights in numbers
1
Determination of a person as the numbering scheme manager does
2
not confer any property rights in numbers used in connection with
3
the supply of carriage services in Australia.
4
454C Numbering scheme principles
5
(1) The numbering scheme manager must manage the numbering
6
scheme in accordance with the numbering scheme principles.
7
(2) The numbering scheme principles are as follows:
8
(a) there must be an adequate and appropriate supply of numbers
9
for carriage services;
10
(b) future needs for numbering must be planned for, having
11
regard to community needs, industry needs and global trends;
12
(c) numbering arrangements must be effective and efficient and
13
support the effective and efficient supply of carriage services;
14
(d) numbering arrangements must have regard to recognised
15
international standards and ensure that numbering in
16
Australia operates in conjunction with international
17
numbering arrangements;
18
(e) there must be fair and transparent access to numbers for all
19
carriage service providers;
20
(f) the interests of users of carriage services must be protected,
21
including in relation to the use and portability of numbers;
22
(g) the numbering scheme's provisions for the portability of
23
numbers must be consistent with any directions made by the
24
ACCC to the ACMA under subsection 458(2) in relation to
25
portability of numbers;
26
(h) the numbering scheme must support the use of emergency
27
call services;
28
(i) numbering arrangements must meet the requirements of
29
Australian law enforcement and national security agencies;
30
(j) numbering arrangements must provide for the collection of
31
charges imposed under the Telecommunications (Numbering
32
Charges) Act 1997;
33
(k) the Register (see section 465) must be kept up to date;
34
Numbering arrangements Schedule 6
Amendments Part 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
25
(l) the rules and processes of the numbering scheme, including a
1
plan for numbering of carriage services:
2
(i) must be adhered to by the numbering scheme manager;
3
and
4
(ii) must be published and available at no charge;
5
(m) the numbering scheme must include compliance mechanisms
6
to provide for enforcement of scheme rules;
7
(n) the numbering scheme must make effective complaints
8
processes available to both the telecommunications industry
9
and users of carriage services;
10
(o) the recovery of costs in relation to the management of the
11
numbering scheme must reasonably reflect costs and must be
12
fair and transparent;
13
(p) public consultation must be undertaken before any significant
14
change to the numbering scheme;
15
(q) any additional principles determined by the Minister by
16
legislative instrument.
17
454D Revocation of determination
18
(1) The Minister may, by legislative instrument, revoke the
19
determination of a person as the numbering scheme manager if:
20
(a) the Minister is not satisfied the person is managing the
21
numbering scheme in accordance with the numbering scheme
22
principles; or
23
(b) the Minister is satisfied it is in the best interests of one of
24
more of the following:
25
(i) the telecommunications industry;
26
(ii) users of carriage services;
27
(iii) the general community; or
28
(c) the Minister is satisfied it is in the best interests of national
29
security.
30
(2) Before the Minister revokes the determination of a person as the
31
numbering scheme manager, the Minister must consult the person,
32
the ACMA and the ACCC.
33
Schedule 6 Numbering arrangements
Part 1 Amendments
26
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
454E Directions to numbering scheme manager
1
Directions by Minister
2
(1) The Minister may, by legislative instrument, direct the numbering
3
scheme manager to amend the rules or change the processes of the
4
numbering scheme.
5
(2) The direction must be consistent with the numbering scheme
6
principles.
7
Directions by the ACMA or the ACCC
8
(3) The ACMA or the ACCC may, by legislative instrument, direct the
9
numbering scheme manager to do, or refrain from doing, a
10
specified act or thing in relation to the management of the
11
numbering scheme.
12
(4) The direction must be consistent with the numbering scheme
13
principles and the rules and processes of the numbering scheme.
14
(5) Before the ACMA gives a direction under this section, it must
15
consult with the Minister, the ACCC and the numbering scheme
16
manager.
17
(6) Before the ACCC gives a direction under this section, it must
18
consult with the Minister, the ACMA and the numbering scheme
19
manager.
20
Numbering scheme manager must comply with directions
21
(7) The numbering scheme manager must comply with a direction
22
under this section.
23
(8) Subsection (7) is a civil penalty provision.
24
Note:
Part 31 provides for pecuniary penalties for breaches of civil penalty
25
provisions.
26
454F Directions to comply with rules
27
(1) The ACMA or the ACCC may, by written notice given to a person
28
who is:
29
(a) a carriage service provider; or
30
Numbering arrangements Schedule 6
Amendments Part 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
27
(b) a carrier; or
1
(c) a kind of person determined by the Minister in a
2
legislative instrument;
3
direct the person to comply with a rule or process published by the
4
numbering scheme manager.
5
(2) The person must comply with the direction.
6
(3) Subsection (2) is a civil penalty provision.
7
Note:
Part 31 provides for pecuniary penalties for breaches of civil penalty
8
provisions.
9
(4) A direction under subsection (1) is not a legislative instrument.
10
454G Numbering scheme documents are not legislative instruments
11
Documents containing the rules and processes of the numbering
12
scheme, including a plan for numbering of carriage services, are
13
not legislative instruments.
14
11 Subdivision A of Division 2 of Part 22 (heading)
15
Repeal the heading, substitute:
16
Subdivision A--Management by the ACMA
17
12 Before section 455
18
Insert:
19
455A Application
20
This Subdivision does not apply if there is a numbering scheme
21
manager (see section 454A).
22
13 After section 459
23
Insert:
24
Schedule 6 Numbering arrangements
Part 1 Amendments
28
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
459A Delegation
1
(1) The ACMA may, by writing, delegate any or all of the powers
2
conferred on the ACMA by the numbering plan to a body
3
corporate.
4
(2) If, under section 50 of the Australian Communications and Media
5
Authority Act 2005, the ACMA has delegated a power referred to
6
in subsection (1) to a Division of the ACMA:
7
(a) the Division may delegate the power to a body corporate; and
8
(b) subsections 52(2), (3), (4), (5) and (6) of the Australian
9
Communications and Media Authority Act 2005 have effect
10
as if the delegation by the Division were a delegation under
11
section 52 of that Act.
12
(3) The delegate is, in the exercise of a delegated power, subject to the
13
written directions of:
14
(a) the ACMA, if the delegation to the delegate was under
15
subsection (1); or
16
(b) the Division that delegated the power, if the delegation to the
17
delegate was under subsection (2).
18
(4) Before giving a direction under subsection (3), the ACMA or the
19
Division (as the case requires) must consult the ACCC.
20
(5) The powers conferred on the ACMA by subsection (1), and on a
21
Division of the ACMA by subsection (2), are in addition to the
22
powers conferred by sections 50, 51 and 52 of the Australian
23
Communications and Media Authority Act 2005.
24
14 Before section 463
25
Insert:
26
463A Numbering scheme manager
27
(1) If there is a numbering scheme manager, the allocation system
28
determined by the ACMA under this Subdivision may be prepared
29
by the numbering scheme manager.
30
Numbering arrangements Schedule 6
Amendments Part 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
29
(2) However, the ACMA must not determine an allocation system that
1
does not meet the ACMA's requirements (including in relation to
2
the Telecommunications (Numbering Charges) Act 1997).
3
15 At the end of section 463
4
Add:
5
(8) The ACMA may delegate any of the powers conferred on the
6
ACMA by an allocation system to the numbering scheme manager
7
or another person.
8
16 After paragraph 465(1)(a)
9
Insert:
10
(aa) if there is a numbering scheme manager--the numbering
11
scheme manager; or
12
17 Paragraph 465(2)(a)
13
Omit "under the authority of the numbering plan".
14
18 Paragraph 466(1)(d)
15
Repeal the paragraph, substitute:
16
(d) if there is a numbering scheme manager--a service specified
17
by the ACMA for the purposes of this paragraph in a
18
legislative instrument;
19
(e) if there is no numbering scheme manager--a service
20
specified for the purposes of this paragraph in the numbering
21
plan made by the ACMA.
22
19 Subsection 466(2)
23
Omit all the words after "specified", substitute:
24
for the purposes of this section in:
25
(a) if there is a numbering scheme manager--a legislative
26
instrument made by the ACMA; or
27
(b) if there is no numbering scheme manager--the numbering
28
plan made by the ACMA.
29
Schedule 6 Numbering arrangements
Part 1 Amendments
30
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
20 Subsections 466(3) and (4)
1
Omit "The numbering plan may specify different numbers", substitute
2
"Different emergency service numbers may be specified".
3
21 Subsection 466(5)
4
Repeal the subsection, substitute:
5
(5) Rules about the use of emergency service numbers may be set out
6
in:
7
(a) the rules and processes published by the numbering scheme
8
manager; or
9
(b) the numbering plan made by the ACMA.
10
22 Subsection 466(6)
11
Omit "In making the numbering plan", substitute "In specifying
12
emergency service numbers".
13
23 Section 467
14
Repeal the section.
15
24 Subsection 468(10)
16
After "the ACMA", insert "or the numbering scheme manager".
17
25 At the end of subsection 468(10)
18
Add "and the numbering scheme".
19
26 Subsection 472(7) (definition of public number)
20
Repeal the definition, substitute:
21
public number means a number specified for use in connection
22
with the supply of carriage services to the public in Australia
23
(within the meaning of subsection 456(2)).
24
27 Subclause 10(3) of Schedule 2 (definition of public
25
number)
26
Repeal the definition, substitute:
27
Numbering arrangements Schedule 6
Amendments Part 1
No. , 2015
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
31
public number means a number specified for use in connection
1
with the supply of carriage services to the public in Australia
2
(within the meaning of subsection 456(2)).
3
28 Subclause 11(3) of Schedule 2 (definition of public
4
number)
5
Repeal the definition, substitute:
6
public number means a number specified for use in connection
7
with the supply of carriage services to the public in Australia
8
(within the meaning of subsection 456(2)).
9
Telecommunications (Consumer Protection and Service
10
Standards) Act 1999
11
29 Subsection 147(11) (paragraph (d) of definition of
12
emergency service organisation)
13
Repeal the paragraph, substitute:
14
(d) if there is a numbering scheme manager--a service specified
15
by the ACMA for the purposes of this paragraph in a
16
legislative instrument; or
17
(da) if there is no numbering scheme manager--a service
18
specified for the purposes of this paragraph in the numbering
19
plan made by the ACMA; or
20
30 Subsection 147(11) (paragraph (e) of definition of
21
emergency service organisation)
22
Omit "or (d)", substitute ", (d) or (da)".
23
Schedule 6 Numbering arrangements
Part 2 Transitional provisions
32
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2015
No. , 2015
Part 2--Transitional provisions
1
31 Delegations by ACMA
2
(1)
A delegation under subsection 467(1) of the Telecommunications Act
3
1997 that was in force immediately before the commencement of this
4
Schedule has effect immediately after that commencement as if it had
5
been made under subsection 459A(1) of that Act.
6
(2)
A delegation under paragraph 467(1A)(a) of the Telecommunications
7
Act 1997 that was in force immediately before the commencement of
8
this Schedule has effect immediately after that commencement as if it
9
had been made under paragraph 459A(2)(a) of that Act.
10