Telecommunications Legislation Amendment Act 2000

No. 152, 2000

An Act to amend the Telecommunications Act 1997 and the Australian Communications Authority Act 1997, and for related purposes

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Telecommunications Act 1997

Schedule 2—Australian Communications Authority Act 1997

Telecommunications Legislation Amendment Act 2000

No. 152, 2000

An Act to amend the Telecommunications Act 1997 and the Australian Communications Authority Act 1997, and for related purposes

[Assented to 21 December 2000]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications Legislation Amendment Act 2000.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Telecommunications Act 1997

1  Subsection 474(1)

Repeal the subsection, substitute:

 (1) The ACA may, by notice in the Gazette, determine that, for the purposes of this Division, a specified person or association is a declared manager of electronic addressing in relation to a specified kind of electronic addressing and a specified kind of listed carriage service.

2  Paragraph 474(3)(b)

Repeal the paragraph, substitute:

 (b) the ACA considers that the person or association is not managing that kind of electronic addressing to the ACA’s satisfaction.

3  At the end of subsection 474(6)

Add “or consumer protection”.

4  Subsection 475(1)

Repeal the subsection, substitute:

 (1) The ACA may, by written notice given to a declared manager of electronic addressing in relation to a particular kind of electronic addressing and a particular kind of listed carriage service, direct the manager to do, or refrain from doing, a specified act or thing relating to that kind of electronic addressing and that kind of carriage service.

5  Subsection 475(3)

Repeal the subsection, substitute:

 (3) In determining whether the kind of electronic addressing is of public importance, the ACA must have regard to the extent to which the addressing is of significant social and/or economic importance.

6  Subsection 476(1)

Repeal the subsection, substitute:

 (1) The ACCC may, by written notice given to a declared manager of electronic addressing in relation to a particular kind of electronic addressing and a particular kind of listed carriage service, direct the manager to do, or refrain from doing, a specified act or thing relating to that kind of electronic addressing and that kind of carriage service.

7  At the end of paragraph 476(2)(b)

Add “or consumer protection”.

8  Subsection 476(3)

Repeal the subsection, substitute:

 (3) In determining whether the kind of electronic addressing is of public importance, the ACCC must have regard to the extent to which the addressing is of significant social and/or economic importance.

Schedule 2—Australian Communications Authority Act 1997

1  Section 4

Insert:

listed carriage service has the same meaning as in the Telecommunications Act 1997.

2  Before paragraph 8(1)(a)

Insert:

 (aa) if a written instruction issued by the Minister to do so is in force—to prepare to provide for the management of electronic addressing:

 (i) of a kind specified in the instruction; and

 (ii) relating to a kind of listed carriage service specified in the instruction;

 (ab) if an instruction under paragraph (aa) and a written instruction issued by the Minister to do so are in force—to provide for the management of electronic addressing:

 (i) of a kind specified in the instruction under this paragraph and covered by the instruction under paragraph (aa); and

 (ii) relating to a kind of listed carriage service specified in the instruction under this paragraph and covered by the instruction under paragraph (aa);

3  At the end of section 8

Add:

 (4) An instruction under paragraph (1)(aa) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (5) An instruction under paragraph (1)(ab) must be published in the Gazette.

 (6) The Minister may, by written notice, revoke an instruction under paragraph (1)(aa) or (ab).

 (7) A notice revoking an instruction under paragraph (1)(aa) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (8) A notice revoking an instruction under paragraph (1)(ab) must be published in the Gazette.

 (9) Subsections (6), (7) and (8) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to:

 (a) provisions of this Act other than paragraph (1)(aa) or (ab); and

 (b) the power to amend or vary an instruction under paragraph (1)(aa) or (ab).

4  After section 12

Insert:

12A  ACA to consult with the Australian Competition and Consumer Commission in relation to management of electronic addressing

  The ACA must consult the Australian Competition and Consumer Commission before carrying out an act:

 (a) for the purpose of performing its functions under paragraph 8(1)(aa) or (ab); and

 (b) that would, in the ACA’s opinion, have a significant effect on competition or consumer protection.

5  After subsection 53(2)

Insert:

 (2A) For the purposes of recovering all or part of the ACA’s expenses relating to the performance of its functions under paragraph 8(1)(aa) or (ab), the ACA may charge a person an amount that has been:

 (a) agreed with the person; or

 (b) worked out under an agreement with the person.

Note 1: Paragraph 8(1)(aa) is about the ACA preparing to provide for the management of electronic addressing, and paragraph 8(1)(ab) is about the ACA providing for the management of electronic addressing.

Note 2: Subsection (2A) lets the ACA charge a consenting person for things done by the ACA in performing those functions, even though the charge would be a tax if it were imposed on the person without his or her consent.

 (2B) Subsection (2A) does not limit subsection (1).

Note: The ACA need not obtain a person’s agreement to a charge that relates to the ACA’s expenses in performing its functions mentioned in subsection (2A) and does not amount to taxation (either because the charge is a fee for the ACA providing the person with services or facilities or for another reason).