Explanatory Memorandum
(Circulated by authority of Senator the Hon. Helen Coonan, Minister for Communications, Information Technology and the Arts)Notes on clauses
Part 1 - Preliminary
Clause 1 provides that the Bill, when enacted, may be cited as the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2004.
Clause 2 provides that each provision of the Bill specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Item 1 of the table provides that clauses 1 to 3 of the Bill (containing the short title, the commencement provision and the provision explaining the operation of the Schedules to the Bill) will commence on the day on which the Bill receives the Royal Assent.
Item 2 of the table provides that Schedule 1 to the Bill, containing various consequential amendments to Commonwealth legislation, will commence at the same time that clause 6 of the ACMA Bill commences. Clause 6 of the ACMA Bill, which establishes the ACMA, will commence on a day to be fixed by proclamation or 1 July 2005, if clause 6 has not commenced by that date (item 2 of the table in clause 2 of the ACMA Bill).
Item 3 of the table provides that Schedule 2 to the Bill, which changes abbreviated references to the ACA and the ABA to abbreviated references to the ACMA in the Acts specified in that Schedule, will commence immediately after the commencement of Schedule 1 to the Bill.
Item 4 of the table provides that items 1 and 2 in Schedule 3 to the Bill, which will change references to the ABA in provisions of the Criminal Code Act 1995 which will be inserted in that Act by the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004 on 1 March 2005 (the CLA Act), will commence either immediately after the commencement of item 1 of Schedule 1 to the CLA Act (1 March 2005) or at the time that the ACMA is established by clause 6 of the ACMA Bill, whichever is the later.
Item 5 of the table provides that items 3 and 4 in Schedule 3 to the Bill, which will amend subsection 3(1) of the Ombudsman Act 1976 as proposed to be amended by the Postal Industry Ombudsman Bill 2004 (PIO Bill), will commence either immediately after the commencement of item 2 of Schedule 1 to the PIO Bill or at the time that the ACMA is established by clause 6 of the ACMA Bill, whichever is the later. However, if item 2 of Schedule 1 to the PIO Bill does not commence, items 3 and 4 of Schedule 3 will not commence at all.
Item 6 of the table provides that items 5 and 6 in Schedule 3 to the Bill, which will change references to the ACA in subsections 6(4D) and 6(4E) of the Ombudsman Act 1976 to references to the ACMA, will commence at the same time that the ACMA is established.
Item 7 of the table provides that item 7 in Schedule 3 to the Bill, which will repeal subsection 6(4F) of the Ombudsman Act 1976 and replace it with a new subsection which provides a definition of 'ACMA', will commence at the same time that the ACMA is established. However, as item 10 of Schedule 1 to the PIO Bill proposes to repeal subsection 6(4F), if that item commences on or before the time that the ACMA is established, item 7 of Schedule 3 will not commence at all.
Item 8 of the table provides that item 8 in Schedule 3 to the Bill, which would omit references in subsection 6(6) of the Ombudsman Act 1976 to the ABA and replace them with references to the ACMA, would commence at the same time that the ACMA is established.
Items 9 and 11 in Schedule 3 would omit references to the 'ACA' in subsections 19ZE(7) and (9) of the Ombudsman Act 1976, as proposed to be amended by the PIO Bill, and would replace them with references to the 'ACMA'. Item 10 would repeal subsection 19ZE(8) of the Ombudsman Act 1976, which would be inserted into that Act by the PIO Bill. Item 9 of the table provides that items 9, 10 and 11 will commence either immediately after the commencement of item 11 of Schedule 1 to the PIO Bill or at the time that the ACMA is established by clause 6 of the ACMA Bill, whichever is the later. However, if item 11 of Schedule 1 to the PIO Bill does not commence, items 9, 10 and 11 would not commence at all.
Item 10 of the table provides that Schedule 4 to the Bill, which contains transitional provisions relating to the establishment of the ACMA, will commence at the same time that the ACMA is established by clause 6 of the ACMA Bill.
Clause 3 provides that each Act that is specified in a Schedule to the Bill is amended or repealed as set out in that Schedule and any other item in a Schedule has effect according to its terms.
Schedule 1 to the Bill provides for the repeal of the ACA Act and provisions in the BSA relating to the establishment and constitution of the ABA and the administrative provisions applicable to the ABA. It also removes provisions dealing with the interaction between the ACA and the ABA that are no longer required as a consequence of the merger of those bodies and makes other consequential amendments to Commonwealth legislation.
Schedule 2 to the Bill also changes references in Commonwealth legislation to the ABA and the ACA to the ACMA.
Schedule 3 to the Bill amends references to the ABA and the ACA in provisions of Bills that will be before the Parliament at or close to the time of the introduction of this Bill, in the event that those provisions are passed by the Parliament, as well as amending references to the ABA in certain provisions of the Criminal Code that are not yet in force. Schedule 3 would replace references to the Australian Broadcasting Authority in amendments to the Criminal Code Act 1995 to be made by the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Bill (No. 2) 2004 with effect from 1 March 2005 with references to the Australian Communications and Media Authority. Similar amendments would also be made to references to the Australian Communications Authority in proposed amendments to the Ombudsman Act 1976 contained in the Postal Industry Ombudsman Bill 2004. In addition, Schedule 3 would amend current references to the Australian Communications Authority and the Australian Broadcasting Authority in the Ombudsman Act which would not be amended by the Postal Industry Ombudsman Bill.
Schedule 4 to the Bill contains transitional provisions, including provisions dealing with the vesting of assets and liabilities of the ACA and the ABA in the Commonwealth, and provisions for the continuing operation of ACA and ABA instruments after the commencement of the Bill.