Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN COMMUNICATIONS AUTHORITY BILL 1996

1997


THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


THE SENATE











AUSTRALIAN COMMUNICATIONS AUTHORITY BILL 1996




SUPPLEMENTARY EXPLANATORY MEMORANDUM




Amendments to be moved on behalf of the Government









(Circulated by authority of Senator the Hon. Richard Alston, Minister for Communications and the Arts)


80917  Cat. No. 96 7358 X  ISBN 0644 497610

AUSTRALIAN COMMUNICATIONS AUTHORITY BILL 1996

OUTLINE

The proposed amendments will:

• require the ACA to establish a Consumer Consultative Forum to assist the ACA in performing its functions in relation to matters affecting consumers (Amendments (1), (2) and (3));

– giving effect to the Government’s response to recommendation 8.1 of the Report by the Senate Environment, Recreation, Communications and the Arts Legislation Committee on the Telecommunications Bills Package 1996; and

• insert a note at the end of subclause 54(2), drawing the reader’s attention to sections 4AA and 4B of the Crimes Act 1914, which deal with the penalty unit concept and the penalty applying to bodies corporate (Amendment (4));

– giving effect to the Government’s response to recommendation 9.7 of the Report by the Senate Environment, Recreation, Communications and the Arts Legislation Committee on the Telecommunications Bills Package 1996.

FINANCIAL IMPACT

The proposed amendments are not expected to have any significant financial impact on Commonwealth expenditure or revenue. No additional funding will be required in relation to the Consumer Consultative Forum. The Forum will be funded from the ACA’s resources. (Clause 43 of the Bill provides for the ACA to be funded by way of Parliamentary appropriation.)

NOTES ON AMENDMENTS

AMENDMENTS (1)–(3)

Amendment (3) will require the proposed Australian Communications Authority (ACA) to establish a Consumer Consultative Forum. Amendments (1) and (2) will make consequential changes to clause 3 of the Bill, containing the simplified outline to the Bill, and to the heading to Part 6, which will be amended to read ‘Part 6––Advisory committees and the Consumer Consultative Forum’.

AUSTEL already operates a Consumer Consultative Forum but as it is not formally constituted under s. 53 of the Telecommunications Act 1991, its operations will not be preserved under cl. 22 of the Telecommunications (Transitional Provisions and Consequential Amendments) Bill.

The proposed amendments will guarantee the continuation of the Forum.

A new clause 51A will be inserted requiring the ACA to establish in writing an advisory committee, to be known as the Consumer Consultative Forum, to assist the ACA in performing its functions in relation to matters affecting consumers.

The Forum will consist of such persons as the ACA from time to time appoints to the Forum.

The ACA will be empowered to give the Forum written directions as to:

(a) the way in which the Forum is to carry out its functions; and

(b) the procedures to be followed in relation to meetings.

AMENDMENT (4)

Subclause 54(1) of the Bill provides that unless the ACA agrees in writing, a person will not be permitted to use the name ‘Australian Communications Authority’ or the acronym ‘the ACA’ or a closely similar name or acronym in trade or commerce or as part of the name of any firm, body, premises, vehicle, ship or craft, including aircraft. A similar prohibition will apply to the use of any official symbol of the ACA, the design of which will be set out in the regulations.

Subclause 54(2) of the Bill provides that an individual who intentionally or recklessly contravenes subclause 54(1) will be guilty of an offence punishable on conviction by a fine not exceeding 30 penalty units.

Amendment (4) will insert a note at the end of subclause 54(2), drawing attention to sections 4AA and 4B of the Crimes Act 1914 which deal with the penalty unit concept and the penalty applying to bodies corporate. The effect of these Crimes Act provisions is that a body corporate that intentionally or recklessly contravenes subclause 54(1) will be guilty of an offence punishable on conviction by a fine not exceeding 150 penalty units. A penalty unit is currently worth $100.

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