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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Communications Legislation
Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to amend laws relating to
communications, and for related purposes
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Streamlining regulation
4
Broadcasting Services Act 1992
4
National Broadband Network Companies Act 2011
6
Telecommunications Act 1997
7
Telecommunications (Consumer Protection and Service Standards)
Act 1999
8
Schedule 2--Complaints handling by the ACMA
9
Australian Communications and Media Authority Act 2005
9
Broadcasting Services Act 1992
9
Schedule 3--Monitoring of the telecommunications industry
12
Part 1--Amendments
12
Competition and Consumer Act 2010
12
Telecommunications Act 1997
14
Part 2--Contingent amendments
16
Division 1--Amendments if the Competition and Consumer
Amendment (Misuse of Market Power) Act 2017 does
not commence before this Act
16
Competition and Consumer Act 2010
16
Division 2--Amendments to commence after the Competition and
Consumer Amendment (Misuse of Market Power) Act
2017 commences
17
Competition and Consumer Act 2010
17
Schedule 4--Technical amendments
19
Australian Broadcasting Corporation Act 1983
19
Broadcasting Services Act 1992
19
Special Broadcasting Service Act 1991
19
Schedule 5--Spent and redundant legislation
22
ii
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
Part 1--Repeals
22
Part 2--Other amendments
26
Competition and Consumer Act 2010
26
National Transmission Network Sale Act 1998
26
Telecommunications Act 1997
26
Telstra Corporation Act 1991
27
Schedule 6--Numbering arrangements
28
Part 1--Amendment of the Telecommunications Act 1997
28
Telecommunications Act 1997
28
Part 2--Amendments of other Acts
40
Do Not Call Register Act 2006
40
Telecommunications (Consumer Protection and Service Standards)
Act 1999
40
Telecommunications (Numbering Charges) Amendment Act 2016
41
Part 3--Transitional provisions
42
Schedule 7--Publication requirements
43
Part 1--Amendments
43
Broadcasting Services Act 1992
43
Part 2--Application provisions
45
Schedule 8--Installation of optical fibre lines
46
Telecommunications Act 1997
46
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
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 is the Communications Legislation Amendment
5
(Deregulation and Other Measures) Act 2017.
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 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day this Act receives the Royal Assent.
3. Schedule 3,
Part 1
The day this Act receives the Royal Assent.
4. Schedule 3,
Part 2, Division 1
The day this Act receives the Royal Assent.
However, the provisions do not commence
at all if this Act receives the Royal Assent
after the commencement of item 5 of
Schedule 2 to the Competition and
Consumer Amendment (Misuse of Market
Power) Act 2017.
5. Schedule 3,
Part 2, Division 2
The later of:
(a) the start of the day this Act receives the
Royal Assent; and
(b) immediately after the commencement of
item 5 of Schedule 2 to the Competition
and Consumer Amendment (Misuse of
Market Power) Act 2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
6. Schedules 4 to
8
The day 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
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Streamlining regulation
4
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
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
Streamlining regulation Schedule 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
5
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
Schedule 1 Streamlining regulation
6
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
(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
National Broadband Network Companies Act 2011
16
15 Section 19
17
Repeal the section, substitute:
18
19 Non-communications goods not to be supplied
19
An NBN corporation must not supply goods to another person
20
unless:
21
(a) the goods are for use in connection with the supply, or
22
prospective supply, of an eligible service by the NBN
23
corporation; or
24
(b) the NBN corporation did not obtain the goods for the purpose
25
of supplying the goods; or
26
(c) the NBN corporation:
27
(i) obtained the goods for the purpose of supplying the
28
goods in connection with the supply, or prospective
29
supply, of an eligible service by the NBN corporation;
30
and
31
Streamlining regulation Schedule 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
7
(ii) considers the goods to be excess to the NBN
1
corporation's requirements.
2
Telecommunications Act 1997
3
16 Paragraph 524(2)(d)
4
After "570", insert "other than proceedings".
5
17 Subclause 2(1) of Schedule 3A (definition of advisory
6
committee)
7
Repeal the definition.
8
18 Clause 3 of Schedule 3A
9
Omit:
10
•
The ACMA must consult with an advisory committee, with
11
the Environment Secretary and with the public before it
12
declares a protection zone.
13
substitute:
14
•
The ACMA must consult with the Environment Secretary and
15
with the public before it declares a protection zone.
16
19 Clause 16 of Schedule 3A
17
Repeal the clause.
18
20 Paragraph 20(a) of Schedule 3A
19
Repeal the paragraph.
20
21 Clause 31 of Schedule 3A
21
Repeal the clause.
22
22 Paragraph 34(a) of Schedule 3A
23
Repeal the paragraph.
24
Schedule 1 Streamlining regulation
8
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
23 Clause 49 of Schedule 3A
1
Repeal the clause.
2
Telecommunications (Consumer Protection and Service
3
Standards) Act 1999
4
24 Subsection 5(2) (definition of VOIP service)
5
Repeal the definition.
6
25 Section 12D
7
Before "Until", insert "(1)".
8
26 At the end of section 12D
9
Add:
10
(2) Despite subsection 12A(6), the determination that the Minister is
11
taken to have made is not a legislative instrument.
12
Complaints handling by the ACMA Schedule 2
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
9
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
Schedule 2 Complaints handling by the ACMA
10
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
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
Complaints handling by the ACMA Schedule 2
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
11
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
Schedule 3 Monitoring of the telecommunications industry
Part 1 Amendments
12
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
Schedule 3--Monitoring of the
1
telecommunications industry
2
Part 1--Amendments
3
Competition and Consumer Act 2010
4
1 Section 151AB (definition of tariff filing direction)
5
Repeal the definition.
6
2 Divisions 4 and 5 of Part XIB
7
Repeal the Divisions.
8
3 Paragraph 151BU(4)(b)
9
Repeal the paragraph.
10
4 After subsection 151BU(4)
11
Insert:
12
(4A) The Commission must review any rules for keeping or retaining
13
records containing information relevant to the operation of
14
Division 12 of this Part at least once in each of the following
15
periods:
16
(a) the period of 1 year after the commencement of this
17
subsection;
18
(b) the period of 5 years after the completion of the previous
19
review.
20
(4B) In reviewing rules under subsection (4A), the Commission must
21
have regard to:
22
(a) whether the information is publically available; and
23
(b) whether consumer demand for the goods and services to
24
which the information relates has changed; and
25
(c) the usefulness of the information to consumers, industry, the
26
Minister and Parliament.
27
Monitoring of the telecommunications industry Schedule 3
Amendments Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
13
5 Section 151BW
1
Omit "a tariff filing direction,".
2
6 Paragraphs 151BX(1)(a), (b) and (c)
3
Omit "a tariff filing direction,".
4
7 Paragraph 151BX(5)(a)
5
Repeal the paragraph.
6
8 Subsection 151BX(5)
7
Omit "tariff filing directions,".
8
9 Paragraphs 151BZ(1)(a), (b) and (c)
9
Omit "a tariff filing direction,".
10
10 Subsection 151BZ(2)
11
Repeal the subsection.
12
11 Paragraphs 151CA(1)(a) to (f)
13
Omit "a tariff filing direction,".
14
12 Subsection 151CI(3)
15
Repeal the subsection.
16
13 Subsection 151CL(1)
17
Omit "to the Minister".
18
14 Subsection 151CL(2)
19
Repeal the subsection, substitute:
20
(2) The Commission must publish a report under subsection (1) on its
21
website as soon as practicable and no later than 6 months after the
22
end of the financial year concerned.
23
15 Subsection 151CL(5)
24
Omit "this section", substitute "subsection (3)".
25
Schedule 3 Monitoring of the telecommunications industry
Part 1 Amendments
14
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
16 Subsection 151CL(6)
1
Repeal the subsection.
2
17 Subsection 151CM(1)
3
Omit all the words after "each financial year", substitute "on, charges
4
paid by consumers in telecommunications markets".
5
18 Subsections 151CM(2) to (5)
6
Repeal the subsections, substitute:
7
(2) The Commission may decide which charges to monitor and report
8
on, having regard to which goods or services are most commonly
9
used by consumers.
10
(3) The Commission must publish the report on its website as soon as
11
practicable and no later than 6 months after the end of the financial
12
year concerned.
13
Telecommunications Act 1997
14
19 Section 104
15
Omit "monitor, and report each year to the Minister on, significant
16
matters", substitute "monitor and report each financial year on matters".
17
20 Subsections 105(1) to (4)
18
Repeal the subsections.
19
21 Subsection 105(5A)
20
Omit "to the Minister".
21
22 Subsections 105(6) to (8)
22
Repeal the subsections, substitute:
23
(6) The ACMA must publish a report under subsection (5A) on its
24
website as soon as practicable and no later than 6 months after the
25
end of the financial year concerned.
26
23 At the end of section 105A
27
Add:
28
Monitoring of the telecommunications industry Schedule 3
Amendments Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
15
(3) If the direction requires the report to be in a specified form, the
1
report must be in that form.
2
(4) The ACMA must comply with any requirement in the direction as
3
to the publication of the report.
4
Schedule 3 Monitoring of the telecommunications industry
Part 2 Contingent amendments
16
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
Part 2--Contingent amendments
1
Division 1
--Amendments if the Competition and
2
Consumer Amendment (Misuse of Market
3
Power) Act 2017 does not commence before
4
this Act
5
Competition and Consumer Act 2010
6
24 Section 151AA
7
Omit:
8
•
Carriers and carriage service providers may be directed to file
9
tariff information with the Commission. The direction is
10
called a tariff filing direction.
11
25 Division 7 of Part XIB (heading)
12
Repeal the heading, substitute:
13
Division 7--Enforcement of the competition rule,
14
record-keeping rules and disclosure directions
15
26 Section 151BW (heading)
16
Repeal the heading, substitute:
17
151BW Person involved in a contravention of the competition rule, a
18
record-keeping rule or a disclosure direction
19
27 Section 151BX (heading)
20
Repeal the heading, substitute:
21
Monitoring of the telecommunications industry Schedule 3
Contingent amendments Part 2
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
17
151BX Pecuniary penalties for breach of the competition rule, a
1
record-keeping rule or a disclosure direction
2
28 Paragraph 151BX(3)(b)
3
Repeal the paragraph.
4
29 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
30 Subsection 151CD(1)
10
Omit "or a tariff filing direction".
11
31 Paragraph 151CJ(1)(d)
12
Omit "151BQ,".
13
Division 2
--Amendments to commence after the
14
Competition and Consumer Amendment
15
(Misuse of Market Power) Act 2017 commences
16
Competition and Consumer Act 2010
17
32 Part XIB (heading)
18
Repeal the heading, substitute:
19
Part XIB--The Telecommunications Industry:
20
record-keeping rules and other matters
21
33 Section 151AA
22
Omit:
23
Carriers and carriage service providers may be directed to file tariff
24
information with the Commission.
25
Schedule 3 Monitoring of the telecommunications industry
Part 2 Contingent amendments
18
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
34 Division 7 of Part XIB (heading)
1
Repeal the heading, substitute:
2
Division 7--Enforcement of record-keeping rules and
3
disclosure directions
4
35 Section 151BW (heading)
5
Repeal the heading, substitute:
6
151BW Person involved in a contravention of record-keeping rule or
7
disclosure direction
8
36 Section 151BX (heading)
9
Repeal the heading, substitute:
10
151BX Pecuniary penalties for breach of record-keeping rule or
11
disclosure direction
12
37 Subsections 151BX(3) and (4)
13
Repeal the subsections, substitute:
14
(3) The pecuniary penalty payable under subsection (1) by a body
15
corporate is not to exceed $250,000 for each contravention.
16
(4) The pecuniary penalty payable under subsection (1) by a person
17
other than a body corporate is not to exceed $50,000 for each
18
contravention.
19
38 Section 151BZ (heading)
20
Repeal the heading, substitute:
21
151BZ Criminal proceedings not to be brought for contraventions of
22
record-keeping rules or disclosure directions
23
39 Subsection 151BZ(1)
24
Omit "(1)".
25
26
Technical amendments Schedule 4
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
19
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
Broadcasting Services Act 1992
10
2 Subparagraph 212(1)(b)(ii)
11
Omit "ACMA; or", substitute "ACMA.".
12
3 Paragraph 212(1)(c)
13
Repeal the paragraph.
14
4 Paragraph 212(3)(d)
15
Omit "services; or", substitute "services.".
16
5 Paragraph 212(3)(e)
17
Repeal the paragraph.
18
Special Broadcasting Service Act 1991
19
6 Section 3
20
Insert:
21
broadcasting service has the same meaning as in the Broadcasting
22
Services Act 1992.
23
7 Paragraph 3A(1)(c)
24
Omit "radio or television", substitute "broadcasting".
25
Schedule 4 Technical amendments
20
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
8 Subsection 6(1)
1
Omit "radio, television", substitute "broadcasting".
2
9 Paragraph 6(2)(g)
3
Omit all the words before "contribute".
4
10 Paragraph 6(2)(g)
5
Omit "television and radio", substitute "broadcasting and digital
6
media".
7
11 Paragraph 6(2)(h)
8
Omit all the words before "contribute".
9
12 Paragraph 6(2)(h)
10
Omit "television and radio", substitute "broadcasting and digital
11
media".
12
13 Paragraph 44(1)(b)
13
After "transmit", insert "or communicate".
14
14 Paragraph 44(1)(b)
15
After "transmissions", insert "and communications".
16
15 Paragraph 44(1)(c)
17
After "transmission", insert "or communication".
18
16 Paragraph 44(1)(d)
19
Omit "or transmission of programs", substitute ", transmission or
20
communication of programs or other matter".
21
17 Subsection 70A(5)
22
Repeal the following definitions:
23
(a) definition of election;
24
(b) definition of election period;
25
(c) definition of Parliament;
26
(d) definition of referendum.
27
Technical amendments Schedule 4
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
21
18 Paragraph 70C(1)(b)
1
Omit "radio or television", substitute "broadcasting".
2
Schedule 5 Spent and redundant legislation
Part 1 Repeals
22
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
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
Spent and redundant legislation Schedule 5
Repeals Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
23
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
Schedule 5 Spent and redundant legislation
Part 1 Repeals
24
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
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
Spent and redundant legislation Schedule 5
Repeals Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
25
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
Schedule 5 Spent and redundant legislation
Part 2 Other amendments
26
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
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
Spent and redundant legislation Schedule 5
Other amendments Part 2
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
27
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
Schedule 6 Numbering arrangements
Part 1 Amendment of the Telecommunications Act 1997
28
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
Schedule 6--Numbering arrangements
1
Part 1--Amendment of the Telecommunications Act
2
1997
3
Telecommunications Act 1997
4
1 Section 5
5
Omit:
6
•
The ACMA may regulate numbering by means of a
7
numbering plan.
8
substitute:
9
•
Numbering may be administered by a numbering scheme
10
manager or by the ACMA.
11
2 Section 7 (subparagraph (b)(iv) of the definition of
12
emergency call service)
13
Repeal the subparagraph, substitute:
14
(iv) if there is a numbering scheme manager--a service
15
specified by the ACMA for the purposes of this
16
subparagraph in a legislative instrument; or
17
(iva) if there is no numbering scheme manager--a service
18
specified for the purposes of this subparagraph in the
19
numbering plan made by the ACMA; or
20
3 Section 7 (subparagraph (b)(v) of the definition of
21
emergency call service)
22
Omit "or (iv)", substitute ", (iv) or (iva)".
23
4 Section 7
24
Insert:
25
numbering scheme means the scheme for planning and managing:
26
(a) the numbering of carriage services in Australia; and
27
Numbering arrangements Schedule 6
Amendment of the Telecommunications Act 1997 Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
29
(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
Schedule 6 Numbering arrangements
Part 1 Amendment of the Telecommunications Act 1997
30
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
•
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
Numbering arrangements Schedule 6
Amendment of the Telecommunications Act 1997 Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
31
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, and numbering arrangements must
20
support competition in the supply of carriage services;
21
(f) the interests of users of carriage services must be protected,
22
including in relation to the use and portability of numbers;
23
(g) the numbering scheme's provisions for the portability of
24
numbers must be consistent with any directions made by the
25
ACCC to the ACMA under subsection 458(2) in relation to
26
portability of numbers;
27
(h) the numbering scheme must support the use of emergency
28
call services;
29
(i) numbering arrangements must meet the requirements of
30
Australian law enforcement and national security agencies;
31
(j) numbering arrangements must provide for the collection of
32
charges imposed under the Telecommunications (Numbering
33
Charges) Act 1997;
34
(k) the Register (see section 465) must be kept up to date;
35
Schedule 6 Numbering arrangements
Part 1 Amendment of the Telecommunications Act 1997
32
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
(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
Numbering arrangements Schedule 6
Amendment of the Telecommunications Act 1997 Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
33
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
Schedule 6 Numbering arrangements
Part 1 Amendment of the Telecommunications Act 1997
34
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
454F Numbering scheme manager providing information to the
1
ACMA
2
(1) The ACMA may, in writing, request information from the
3
numbering scheme manager relating to numbers for carriage
4
services.
5
(2) The ACMA may request the information for the following
6
purposes:
7
(a) identifying persons liable for a charge under the
8
Telecommunications (Numbering Charges) Act 1997;
9
(b) working out the amount of a charge under that Act;
10
(c) otherwise administering charges under that Act.
11
(3) The request may specify the form in which the information is
12
required, such as a written report.
13
(4) The numbering scheme manager must comply with a request under
14
this section.
15
(5) Subsection (4) is a civil penalty provision.
16
Note:
Part 31 provides for pecuniary penalties for breaches of civil penalty
17
provisions.
18
454G Directions to comply with rules
19
(1) The ACMA or the ACCC may, by written notice given to a person
20
who is:
21
(a) a carriage service provider; or
22
(b) a carrier; or
23
(c) a person of a kind determined by the Minister in a
24
legislative instrument;
25
direct the person to comply with a rule or process published by the
26
numbering scheme manager.
27
(2) The person must comply with the direction.
28
(3) Subsection (2) is a civil penalty provision.
29
Note:
Part 31 provides for pecuniary penalties for breaches of civil penalty
30
provisions.
31
Numbering arrangements Schedule 6
Amendment of the Telecommunications Act 1997 Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
35
(4) A direction under subsection (1) is not a legislative instrument.
1
454H Numbering scheme documents are not legislative instruments
2
Documents containing the rules and processes of the numbering
3
scheme, including a plan for numbering of carriage services, are
4
not legislative instruments.
5
11 Subdivision A of Division 2 of Part 22 (heading)
6
Repeal the heading, substitute:
7
Subdivision A--Management by the ACMA
8
12 Before section 455
9
Insert:
10
455A Application
11
This Subdivision does not apply if there is a numbering scheme
12
manager (see section 454A).
13
13 After section 459
14
Insert:
15
459A Delegation
16
(1) The ACMA may, by writing, delegate any or all of the powers
17
conferred on the ACMA by the numbering plan to a body
18
corporate.
19
(2) If, under section 50 of the Australian Communications and Media
20
Authority Act 2005, the ACMA has delegated a power referred to
21
in subsection (1) to a Division of the ACMA:
22
(a) the Division may delegate the power to a body corporate; and
23
(b) subsections 52(2), (3), (4), (5) and (6) of the Australian
24
Communications and Media Authority Act 2005 have effect
25
as if the delegation by the Division were a delegation under
26
section 52 of that Act.
27
Schedule 6 Numbering arrangements
Part 1 Amendment of the Telecommunications Act 1997
36
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
(3) The delegate is, in the exercise of a delegated power, subject to the
1
written directions of:
2
(a) the ACMA, if the delegation to the delegate was under
3
subsection (1); or
4
(b) the Division that delegated the power, if the delegation to the
5
delegate was under subsection (2).
6
(4) Before giving a direction under subsection (3), the ACMA or the
7
Division (as the case requires) must consult the ACCC.
8
(5) The powers conferred on the ACMA by subsection (1), and on a
9
Division of the ACMA by subsection (2), are in addition to the
10
powers conferred by sections 50, 51 and 52 of the Australian
11
Communications and Media Authority Act 2005.
12
14 After section 461
13
Insert:
14
461A Making numbering plan in cases of urgency
15
(1) This section applies if the ACMA is satisfied that it is necessary to
16
make or vary a numbering plan as a matter of urgency to ensure
17
that numbering of carriage services and the use of numbers are
18
properly managed in the absence of a numbering scheme manager.
19
(2) In the circumstances described in subsection (1):
20
(a) the ACMA is not required to comply with section 460 before
21
making or varying a plan; and
22
(b) the ACMA is not required to consult the ACCC in
23
accordance with subsection 461(1) if it is not practicable to
24
do so.
25
(3) If a numbering plan is made or varied in the circumstances
26
described in subsection (1), the plan ceases to have effect 12
27
months after it was made or varied.
28
(4) Subsection (3) does not prevent the ACMA from repealing the plan
29
and making another numbering plan after complying with
30
section 460 and subsection 461(1).
31
Numbering arrangements Schedule 6
Amendment of the Telecommunications Act 1997 Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
37
15 Before section 463
1
Insert:
2
463A Numbering scheme manager
3
(1) If there is a numbering scheme manager, the allocation system
4
determined by the ACMA under this Subdivision may be prepared
5
by the numbering scheme manager.
6
(2) However, the ACMA must not determine an allocation system that
7
does not meet the ACMA's requirements (including in relation to
8
the Telecommunications (Numbering Charges) Act 1997).
9
16 At the end of section 463
10
Add:
11
(8) The ACMA may delegate any of the powers conferred on the
12
ACMA by an allocation system to the numbering scheme manager
13
or another person.
14
17 After paragraph 465(1)(a)
15
Insert:
16
(aa) if there is a numbering scheme manager--the numbering
17
scheme manager; or
18
18 Paragraph 465(2)(a)
19
Omit "under the authority of the numbering plan".
20
19 Paragraph 466(1)(d)
21
Repeal the paragraph, substitute:
22
(d) if there is a numbering scheme manager--a service specified
23
by the ACMA for the purposes of this paragraph in a
24
legislative instrument;
25
(e) if there is no numbering scheme manager--a service
26
specified for the purposes of this paragraph in the numbering
27
plan made by the ACMA.
28
20 Subsection 466(2)
29
Omit all the words after "specified", substitute:
30
Schedule 6 Numbering arrangements
Part 1 Amendment of the Telecommunications Act 1997
38
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
for the purposes of this section in:
1
(a) if there is a numbering scheme manager--a legislative
2
instrument made by the ACMA; or
3
(b) if there is no numbering scheme manager--the numbering
4
plan made by the ACMA.
5
21 Subsections 466(3) and (4)
6
Omit "The numbering plan may specify different numbers", substitute
7
"Different emergency service numbers may be specified".
8
22 Subsection 466(5)
9
Repeal the subsection, substitute:
10
(5) Rules about the use of emergency service numbers may be set out
11
in:
12
(a) the rules and processes published by the numbering scheme
13
manager; or
14
(b) the numbering plan made by the ACMA.
15
23 Subsection 466(6)
16
Omit "In making the numbering plan", substitute "In specifying
17
emergency service numbers".
18
24 Section 467
19
Repeal the section.
20
25 Subsection 468(10)
21
After "the ACMA", insert "or the numbering scheme manager".
22
26 At the end of subsection 468(10)
23
Add "and the numbering scheme".
24
27 Subsection 472(7) (definition of public number)
25
Repeal the definition, substitute:
26
public number means a number specified for use in connection
27
with the supply of carriage services to the public in Australia
28
(within the meaning of subsection 456(2)).
29
Numbering arrangements Schedule 6
Amendment of the Telecommunications Act 1997 Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
39
28 Subclause 10(3) of Schedule 2 (definition of public
1
number)
2
Repeal the definition, substitute:
3
public number means a number specified for use in connection
4
with the supply of carriage services to the public in Australia
5
(within the meaning of subsection 456(2)).
6
29 Subclause 11(3) of Schedule 2 (definition of public
7
number)
8
Repeal the definition, substitute:
9
public number means a number specified for use in connection
10
with the supply of carriage services to the public in Australia
11
(within the meaning of subsection 456(2)).
12
Schedule 6 Numbering arrangements
Part 2 Amendments of other Acts
40
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
Part 2--Amendments of other Acts
1
Do Not Call Register Act 2006
2
30 Section 4 (definition of Australian number)
3
Repeal the definition, substitute:
4
Australian number means a number that is:
5
(a) specified in:
6
(i) the numbering scheme referred to in section 454A of the
7
Telecommunications Act 1997; or
8
(ii) the numbering plan referred to in section 455 of that
9
Act; and
10
(b) for use in connection with the supply of carriage services to
11
the public in Australia, within the meaning of
12
subsection 456(2) of that Act.
13
Telecommunications (Consumer Protection and Service
14
Standards) Act 1999
15
31 Subsection 147(11) (paragraph (d) of the definition of
16
emergency service organisation)
17
Repeal the paragraph, substitute:
18
(d) if there is a numbering scheme manager--a service specified
19
by the ACMA for the purposes of this paragraph in a
20
legislative instrument; or
21
(da) if there is no numbering scheme manager--a service
22
specified for the purposes of this paragraph in the numbering
23
plan made by the ACMA; or
24
32 Subsection 147(11) (paragraph (e) of the definition of
25
emergency service organisation)
26
Omit "or (d)", substitute ", (d) or (da)".
27
Numbering arrangements Schedule 6
Amendments of other Acts Part 2
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
41
Telecommunications (Numbering Charges) Amendment Act
1
2016
2
33 Subsection 2(1) (table item 1, column 2, paragraph (b))
3
Omit "Communications Legislation Amendment (Deregulation and
4
Other Measures) Act 2016", substitute "Communications Legislation
5
Amendment (Deregulation and Other Measures) Act 2017".
6
Schedule 6 Numbering arrangements
Part 3 Transitional provisions
42
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
Part 3--Transitional provisions
1
34 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
Publication requirements Schedule 7
Amendments Part 1
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
43
Schedule 7--Publication requirements
1
Part 1--Amendments
2
Broadcasting Services Act 1992
3
1 Section 127
4
Before "If", insert "(1)".
5
2 Section 127
6
Omit "in the Gazette".
7
3 Paragraph 127(b)
8
Omit "purchased", substitute "accessed".
9
4 At the end of section 127
10
Add:
11
(2) A notice under subsection (1) must be published:
12
(a) on the ACMA's website; and
13
(b) in one or more other forms that are readily accessible by the
14
public.
15
Example: Publication in a form mentioned in paragraph (b) could be publication
16
on a website other than the ACMA's website.
17
5 Clause 33 of Schedule 6
18
Before "If", insert "(1)".
19
6 Clause 33 of Schedule 6
20
Omit "in the Gazette".
21
7 Paragraph 33(b) of Schedule 6
22
Omit "purchased", substitute "accessed".
23
8 At the end of clause 33 of Schedule 6
24
Add:
25
Schedule 7 Publication requirements
Part 1 Amendments
44
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
(2) A notice under subclause (1) must be published:
1
(a) on the ACMA's website; and
2
(b) in one or more other forms that are readily accessible by the
3
public.
4
Example: Publication in a form mentioned in paragraph (b) could be publication
5
on a website other than the ACMA's website.
6
Publication requirements Schedule 7
Application provisions Part 2
No. , 2017
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
45
Part 2--Application provisions
1
9 Application of amendments
--section 127 of the
2
Broadcasting Services Act 1992
3
The amendments of section 127 of the Broadcasting Services Act 1992
4
made by this Schedule do not apply in relation to a determination,
5
variation or revocation of a standard if a notice relating to that
6
determination, variation or revocation was published under that section
7
before the commencement of this item.
8
10 Application of amendments
--clause 33 of Schedule 6 to
9
the Broadcasting Services Act 1992
10
The amendments of clause 33 of Schedule 6 to the Broadcasting
11
Services Act 1992 made by this Schedule do not apply in relation to a
12
determination, variation or revocation of a standard if a notice relating
13
to that determination, variation or revocation was published under that
14
clause before the commencement of this item.
15
Schedule 8 Installation of optical fibre lines
46
Communications Legislation Amendment (Deregulation and Other
Measures) Bill 2017
No. , 2017
Schedule 8--Installation of optical fibre lines
1
2
Telecommunications Act 1997
3
1 Section 372A
4
Omit:
5
•
The rule about the installation of a fixed-line facility does not
6
apply if NBN Co has issued a statement to the effect that
7
neither it nor any other NBN corporation has installed, is
8
installing, or proposes to install, optical fibre lines in the
9
project area.
10
2 Section 372A
11
Omit:
12
•
The rule about selling or leasing a building lot or building unit
13
does not apply if NBN Co has issued a statement to the effect
14
that neither it nor any other NBN corporation has installed, is
15
installing, or proposes to install, optical fibre lines in the
16
project area.
17
3 Subsections 372E(3), 372F(3), 372G(3) and (5) and 372H(3)
18
Repeal the subsections.
19
4 Subdivision C of Division 3 of Part 20A
20
Repeal the Subdivision.
21