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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Enhancing Online Safety for Children
(Consequential Amendments) Bill 2014
No. , 2014
(Communications)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Enhancing
Online Safety for Children Act 2014, and for other
purposes
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
4
Translation of certain references ........................................................ 3
Schedule 1--Amendment of the Broadcasting Services Act
1992
4
Part 1--General amendments
4
Broadcasting Services Act 1992
4
Part 2--Amendments to change certain references to the
ACMA into references to the Commissioner
9
Broadcasting Services Act 1992
9
Schedule 2--Amendments of other Acts
10
Part 1--General amendments
10
Australian Communications and Media Authority Act 2005
10
Criminal Code Act 1995
11
Freedom of Information Act 1982
12
Telecommunications Act 1997
12
Part 2--Amendments contingent on the commencement of the
Telecommunications Legislation Amendment
(Deregulation) Act 2014
15
Telecommunications Act 1997
15
Schedule 3--Transitional provisions
16
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Enhancing
2
Online Safety for Children Act 2014, and for other
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Enhancing Online Safety for Children
7
(Consequential Amendments) Act 2014.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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. Schedule 1,
Part 1
At the same time as section 3 of the
Enhancing Online Safety for Children Act
2014 commences.
3. Schedule 1,
Part 2
Immediately after the commencement of
Part 1 of Schedule 1.
4. Schedule 2,
Part 1
At the same time as section 3 of the
Enhancing Online Safety for Children Act
2014 commences.
5. Schedule 2,
Part 2
Immediately after the commencement of
Part 3 of Schedule 1 to the
Telecommunications Legislation Amendment
(Deregulation) Act 2014.
However, the provisions do not commence
at all if Part 3 of Schedule 1 to the
Telecommunications Legislation Amendment
(Deregulation) Act 2014 commences before
the commencement of the provisions
covered by table item 4.
6. Schedule 3
At the same time as section 3 of the
Enhancing Online Safety for Children Act
2014 commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
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
4 Translation of certain references
6
If a Bill introduced into Parliament as the Telecommunications
7
Legislation Amendment (Deregulation) Bill 2014 is enacted (with
8
or without amendments) as the Telecommunications Legislation
9
Amendment (Deregulation) Act 2015, each reference in this Act
10
(other than this section) to the Telecommunications Legislation
11
Amendment (Deregulation) Act 2014 is to be read as a reference to
12
the Telecommunications Legislation Amendment (Deregulation)
13
Act 2015.
14
Schedule 1 Amendment of the Broadcasting Services Act 1992
Part 1 General amendments
4
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
Schedule 1
--Amendment of the Broadcasting
1
Services Act 1992
2
Part 1
--General amendments
3
Broadcasting Services Act 1992
4
1 Subsection 6(1)
5
Insert:
6
Commissioner means the Children's e-Safety Commissioner.
7
2 Part 13 (heading)
8
Repeal the heading, substitute:
9
Part 13--Information gathering by the ACMA and
10
the Commissioner
11
3 At the end of Division 1 of Part 13
12
Add:
13
169A Investigation by the Commissioner
14
A reference in this Part to an investigation by the Commissioner is
15
a reference to an investigation by the Commissioner under:
16
(a) section 19 of the Enhancing Online Safety for Children Act
17
2014; or
18
(b) clause 27 of Schedule 5 to this Act; or
19
(c) clause 44 of Schedule 7 to this Act.
20
4 Section 173
21
Before "For", insert "(1)".
22
5 Section 173
23
After "an investigation", insert "by the ACMA".
24
Amendment of the Broadcasting Services Act 1992 Schedule 1
General amendments Part 1
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
5
6 At the end of section 173
1
Add:
2
(2) For the purposes of an investigation by the Commissioner, the
3
Commissioner may give a written notice to a person summoning
4
the person:
5
(a) to attend before:
6
(i) the Commissioner; or
7
(ii) a delegate of the Commissioner named in the notice;
8
to produce documents or to answer questions; or
9
(b) to provide documents or other information to the
10
Commissioner;
11
relevant to the subject matter of the investigation.
12
7 Before subsection 174(1)
13
Insert:
14
Investigation by the ACMA
15
8 At the end of section 174
16
Add:
17
Investigation by the Commissioner
18
(4) If a person is summoned to attend before the Commissioner or a
19
delegate of the Commissioner, the Commissioner or delegate may
20
examine the person on oath or affirmation and, for that purpose:
21
(a) may require the person to take an oath or make an
22
affirmation; and
23
(b) may administer an oath or affirmation to the person.
24
(5) The oath or affirmation is to be an oath or affirmation that the
25
statements the person will make will be true to the best of the
26
person's knowledge or belief.
27
(6) The Commissioner or delegate may require the person to answer a
28
question that is put to the person at an examination and that is
29
relevant to a matter that the Commissioner is investigating or is to
30
investigate.
31
Schedule 1 Amendment of the Broadcasting Services Act 1992
Part 1 General amendments
6
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
9 Before subsection 176(1)
1
Insert:
2
Investigation by the ACMA
3
10 At the end of section 176
4
Add:
5
Investigation by the Commissioner
6
(3) If a person is examined by the Commissioner or a delegate of the
7
Commissioner, a record must be made of the examination and the
8
person is entitled to be given a written copy of the record.
9
(4) If the record of the examination of a person is made in electronic
10
form, the person is, if the person so requests, to be given a copy of
11
the record in that form.
12
11 Section 177
13
Before "The ACMA", insert "(1)".
14
12 Paragraph 177(a)
15
After "investigation", insert "by the ACMA".
16
13 At the end of section 177
17
Add:
18
(2) The Commissioner may, by written notice given to a person,
19
require the person:
20
(a) to make available for inspection by:
21
(i) the Commissioner; or
22
(ii) a delegate of the Commissioner;
23
any documents in the possession of the person that may
24
contain information relevant to the subject matter of an
25
investigation by the Commissioner; and
26
(b) to permit the Commissioner or the delegate, as the case may
27
be, to make copies of any such documents.
28
Amendment of the Broadcasting Services Act 1992 Schedule 1
General amendments Part 1
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
7
14 Subsection 200(3)
1
After "investigation", insert "by the ACMA".
2
15 At the end of section 200
3
Add:
4
(4) A person who gives evidence or produces documents at an
5
investigation by the Commissioner has the same protection as a
6
witness in a proceeding in the High Court.
7
16 Clause 27 of Schedule 5
8
Omit "its", substitute "his or her".
9
17 Subclause 28(2) of Schedule 5
10
Omit "it", substitute "he or she".
11
18 Subclause 68(5) of Schedule 5
12
Omit "its", substitute "his or her".
13
19 Subclause 69(4) of Schedule 5
14
Omit "its", substitute "his or her".
15
20 Subclause 70(8) of Schedule 5
16
Omit "its", substitute "his or her".
17
21 Subclause 71(8) of Schedule 5
18
Omit "its", substitute "his or her".
19
22 Clause 74 of Schedule 5
20
Omit "if it", substitute "if the Commissioner".
21
23 Paragraph 94(f) of Schedule 5
22
Omit "itself", substitute "himself or herself".
23
24 Clause 44 of Schedule 7
24
Omit "its", substitute "his or her".
25
Schedule 1 Amendment of the Broadcasting Services Act 1992
Part 1 General amendments
8
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
25 Subclause 45(2) of Schedule 7
1
Omit "it", substitute "he or she".
2
26 Subclause 91(4) of Schedule 7
3
Omit "its", substitute "his or her".
4
27 Subclause 92(3) of Schedule 7
5
Omit "its", substitute "his or her".
6
28 Subclause 93(7) of Schedule 7
7
Omit "its", substitute "his or her".
8
29 Subclause 94(7) of Schedule 7
9
Omit "its", substitute "his or her".
10
30 Clause 97 of Schedule 7
11
Omit "if it", substitute "if the Commissioner".
12
31 Paragraph 112(1)(b) of Schedule 7
13
Repeal the paragraph.
14
32 Paragraph 112(1)(d) of Schedule 7
15
Repeal the paragraph, substitute:
16
(d) a consultant engaged under section 69 of the Enhancing
17
Online Safety for Children Act 2014;
18
33 Paragraph 112(1)(e) of Schedule 7
19
After "officer", insert "or employee".
20
34 Paragraph 114(f) of Schedule 7
21
Omit "itself", substitute "himself or herself".
22
35 Subclause 115(3) of Schedule 7
23
Omit "if it", substitute "if the Commissioner".
24
Amendment of the Broadcasting Services Act 1992 Schedule 1
Amendments to change certain references to the ACMA into references to the
Commissioner Part 2
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
9
Part 2
--Amendments to change certain references to
1
the ACMA into references to the
2
Commissioner
3
36 Amendments
--changing certain references to the ACMA
4
into references to the Commissioner
5
The specified provisions of the Act specified in this Part are amended as
6
follows:
7
(a) by omitting "ACMA" (wherever occurring) and substituting
8
"Commissioner";
9
(b) by omitting "ACMA" (wherever occurring) and substituting
10
"Commissioner";
11
(c) by omitting "ACMA's" (wherever occurring) and
12
substituting "Commissioner's".
13
Broadcasting Services Act 1992
14
37 Schedule 5
15
38 Schedule 7 (other than paragraphs (a) and (b) of the
16
definition of licensed broadcasting service in clause 2,
17
subparagraph 9A(1)(a)(ii) and paragraphs 112(1)(c) and
18
(e))
19
20
Schedule 2 Amendments of other Acts
Part 1 General amendments
10
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
Schedule 2
--Amendments of other Acts
1
Part 1
--General amendments
2
Australian Communications and Media Authority Act 2005
3
1 Section 3 (subparagraph (b)(iia) of the definition of
4
authorised disclosure information)
5
Repeal the subparagraph.
6
2 Section 3 (paragraph (c) of the definition of investigation)
7
Omit "Part 4 of Schedule 5, Part 5 of Schedule 6, or Part 3 of
8
Schedule 7,", substitute "Part 5 of Schedule 6".
9
3 Paragraph 4(3)(b)
10
Repeal the paragraph, substitute:
11
(b) clause 38 of Schedule 6.
12
4 Paragraph 10(1)(a)
13
Omit ", internet content, designated content/hosting services".
14
5 Subparagraph 10(1)(o)(ii)
15
After "Broadcasting Services Act 1992", insert "(other than Schedule 5
16
or 7)".
17
6 Paragraphs 53(2)(n), (o), (p) and (pa)
18
Repeal the paragraphs.
19
7 After paragraph 57(a)
20
Insert:
21
(aa) a report on the following matters:
22
(i) remuneration, and other employment-related costs and
23
expenses, in respect of APS employees whose duties
24
relate to the performance of the Children's e-Safety
25
Commissioner's functions or the exercise of the
26
Children's e-Safety Commissioner's powers;
27
Amendments of other Acts Schedule 2
General amendments Part 1
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
11
(ii) any other costs, expenses and other obligations incurred
1
by the Commonwealth in connection with the
2
performance of the Children's e-Safety Commissioner's
3
functions or the exercise of the Children's e-Safety
4
Commissioner's powers; and
5
8 After paragraph 59D(1)(l)
6
Insert:
7
(la) the Children's e-Safety Commissioner;
8
Criminal Code Act 1995
9
9 Paragraph 273.9(5)(a) of the Criminal Code
10
Omit "Australian Communications and Media Authority", substitute
11
"Children's e-Safety Commissioner".
12
10 Paragraph 273.9(5)(a) of the Criminal Code
13
Omit "Authority's", substitute "Commissioner's".
14
11 Paragraph 474.21(4)(a) of the Criminal Code
15
Omit "Australian Communications and Media Authority", substitute
16
"Children's e-Safety Commissioner".
17
12 Paragraph 474.21(4)(a) of the Criminal Code
18
Omit "Authority's", substitute "Commissioner's".
19
13 Paragraph 474.24(4)(a) of the Criminal Code
20
Omit "Australian Communications and Media Authority", substitute
21
"Children's e-Safety Commissioner".
22
14 Paragraph 474.24(4)(a) of the Criminal Code
23
Omit "Authority's", substitute "Commissioner's".
24
Schedule 2 Amendments of other Acts
Part 1 General amendments
12
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
Freedom of Information Act 1982
1
15 Division 1 of Part II of Schedule 2 (before the item relating
2
to the Classification Board)
3
Insert:
4
Children's e-Safety Commissioner, in relation to:
5
(a) exempt content-service documents concerning the
6
performance of a function, or the exercise of a power, under
7
Schedule 7 to the Broadcasting Services Act 1992; and
8
(b) exempt internet-content documents concerning the
9
performance of a function, or the exercise of a power, under
10
Schedule 5 to that Act.
11
Telecommunications Act 1997
12
16 Section 284 (heading)
13
Repeal the heading, substitute:
14
284 Assisting the ACMA, the Children's e-Safety Commissioner, the
15
ACCC or the Telecommunications Industry Ombudsman
16
17 After subsection 284(1)
17
Insert:
18
(1A) Sections 276 and 277 do not prohibit a disclosure by a person of
19
information or a document if:
20
(a) the disclosure is made to:
21
(i) the Children's e-Safety Commissioner; or
22
(ii) a member of the staff of the ACMA whose duties relate
23
to the performance of the Children's e-Safety
24
Commissioner's functions; and
25
(b) the information or document may assist the Children's
26
e-Safety Commissioner to carry out his or her functions or
27
powers.
28
18 Section 299 (heading)
29
Repeal the heading, substitute:
30
Amendments of other Acts Schedule 2
General amendments Part 1
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
13
299 Assisting the ACMA, the Children's e-Safety Commissioner, the
1
ACCC or the Telecommunications Industry Ombudsman
2
19 After subsection 299(1)
3
Insert:
4
(1A) If information or a document is disclosed to a person as permitted
5
by subsection 284(1A) or this subsection, the person must not
6
disclose or use the information or document except for the purpose
7
of, or in connection with, the carrying out of the Children's
8
e-Safety Commissioner's functions and powers.
9
20 Section 299 (note)
10
Repeal the note, substitute:
11
Note:
Section 284 deals with the disclosure or use of information or
12
documents to assist the ACMA, the Children's e-Safety
13
Commissioner, the ACCC or the Telecommunications Industry
14
Ombudsman.
15
21 Part 34 (heading)
16
Repeal the heading, substitute:
17
Part 34--Special provisions relating to conventions
18
and directions
19
22 At the end of section 579
20
Add:
21
•
The Children's e-Safety Commissioner may give directions to
22
a carrier or a service provider in connection with the
23
Commissioner's performance of his or her functions or the
24
exercise of his or her powers.
25
23 After subsection 581(2)
26
Insert:
27
(2A) The Children's e-Safety Commissioner may give written directions
28
to:
29
Schedule 2 Amendments of other Acts
Part 1 General amendments
14
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
(a) a carrier; or
1
(b) a service provider;
2
in connection with performing any of the Commissioner's
3
functions or exercising any of the Commissioner's powers.
4
(2B) This section is not limited by any other provision of a law that:
5
(a) confers a function or power on the Children's e-Safety
6
Commissioner; or
7
(b) prescribes the mode in which the Children's e-Safety
8
Commissioner is to perform a function or exercise a power;
9
or
10
(c) prescribes conditions or restrictions which must be observed
11
in relation to the performance by the Children's e-Safety
12
Commissioner of a function or the exercise by the Children's
13
e-Safety Commissioner of a power.
14
24 After subsection 581(4)
15
Insert:
16
(4A) A person must comply with a direction given to the person under
17
subsection (2A).
18
Amendments of other Acts Schedule 2
Amendments contingent on the commencement of the Telecommunications Legislation
Amendment (Deregulation) Act 2014 Part 2
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
15
Part 2
--Amendments contingent on the
1
commencement of the Telecommunications
2
Legislation Amendment (Deregulation) Act
3
2014
4
Telecommunications Act 1997
5
25 Section 284 (heading)
6
Repeal the heading, substitute:
7
284 Assisting the ACMA, the Children's e-Safety Commissioner, the
8
ACCC or the Telecommunications Industry Ombudsman
9
26 Section 299 (heading)
10
Repeal the heading, substitute:
11
299 Assisting the ACMA, the Children's e-Safety Commissioner, the
12
ACCC or the Telecommunications Industry Ombudsman
13
27 Section 299 (note)
14
Repeal the note, substitute:
15
Note:
Section 284 deals with the disclosure or use of information or
16
documents to assist the ACMA, the Children's e-Safety
17
Commissioner, the ACCC or the Telecommunications Industry
18
Ombudsman.
19
Schedule 3 Transitional provisions
16
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
Schedule 3
--Transitional provisions
1
2
1 Definitions
3
In this Schedule:
4
ACMA means the Australian Communications and Media Authority.
5
Commissioner means the Children's e-Safety Commissioner.
6
transition time means the commencement of this Schedule.
7
2 Transitional
--acts of the ACMA to be attributed to the
8
Commissioner
9
(1)
This item applies to anything done by, or in relation to, the ACMA
10
before the transition time under, or for the purposes of, Schedule 5 or 7
11
to the Broadcasting Services Act 1992.
12
(2)
After the transition time, the thing has effect as if it had been done by,
13
or in relation to, the Commissioner.
14
3 Substitution of Commissioner as a party to certain pending
15
proceedings
16
(1)
This item applies if:
17
(a) any proceedings to which the ACMA was a party were
18
pending in any court or tribunal immediately before the
19
transition time; and
20
(b) the proceedings are under, or in connection with, Schedule 5
21
or 7 to the Broadcasting Services Act 1992.
22
(2)
The Commissioner is substituted for the ACMA, from the transition
23
time, as a party to the proceedings.
24
4 Transitional
--transfer of records to the Commissioner
25
(1)
This item applies to any records or documents that:
26
(a) were in possession of the ACMA immediately before the
27
transition time; and
28
(b) wholly or partly concern Schedule 5 or 7 to the Broadcasting
29
Services Act 1992.
30
Transitional provisions Schedule 3
No. , 2014
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
17
(2)
If the records or documents wholly concern Schedule 5 or 7 to the
1
Broadcasting Services Act 1992, the records or documents are to be
2
transferred to the Commissioner after the transition time.
3
Note:
The records and documents are Commonwealth records for the purposes of the Archives
4
Act 1983.
5
(3)
If the records or documents partly concern Schedule 5 or 7 to the
6
Broadcasting Services Act 1992, the records or documents are to be
7
made available to the Commissioner at the request of the
8
Commissioner.
9
Note:
The records and documents are Commonwealth records for the purposes of the Archives
10
Act 1983.
11
5 Transitional
--authorised disclosure information
12
Despite the amendment of the definition of authorised disclosure
13
information in section 3 of the Australian Communications and Media
14
Authority Act 2005 made by this Act, that definition continues to apply,
15
in relation to information obtained before the transition time, as if that
16
amendment had not been made.
17
6 Transitional
--protection from civil proceedings
18
Despite the amendments of:
19
(a) clause 29 of Schedule 5 to the Broadcasting Services Act
20
1992; and
21
(b) clause 46 of Schedule 7 to the Broadcasting Services Act
22
1992;
23
made by this Act, those clauses continue to apply, in relation to
24
anything done before the transition time, as if those amendments had
25
not been made.
26
7 Transitional
--protection from criminal proceedings
27
Despite the amendments of clause 112 of Schedule 7 to the
28
Broadcasting Services Act 1992 made by this Act, that clause continues
29
to apply, in relation to anything done before the transition time by:
30
(a) the ACMA; or
31
(b) a member or associate member of the ACMA; or
32
(c) a member of the staff of the ACMA; or
33
(d) a consultant engaged to assist in the performance of the
34
ACMA's broadcasting, content and datacasting functions (as
35
Schedule 3 Transitional provisions
18
Enhancing Online Safety for Children (Consequential Amendments)
Bill 2014
No. , 2014
defined in the Australian Communications and Media
1
Authority Act 2005); or
2
(e) an officer whose services are made available to the ACMA
3
under paragraph 55(1)(a) of the Australian Communications
4
and Media Authority Act 2005;
5
as if those amendments had not been made.
6
8 Transitional rules
7
The Minister may, by legislative instrument, make rules in relation to
8
transitional matters arising out of either or both of the following:
9
(a) the amendments made by this Act;
10
(b) the enactment of the Enhancing Online Safety for Children
11
Act 2014.
12