Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (151 of 2020)

Schedule 2   Policy statements and work program

Part 1   Amendment of the Radiocommunications Act 1992

Radiocommunications Act 1992

2   At the end of Chapter 1

Add:

Part 1.5 - Ministerial policy statements

28A Simplified outline of this Part

• In performing its spectrum management functions, and exercising its spectrum management powers, the ACMA must have regard to any relevant Ministerial policy statements.

28B Ministerial policy statements

(1) The Minister may, by notifiable instrument, specify a policy of the Commonwealth Government that is to apply in relation to:

(a) the performance of any of the ACMA's spectrum management functions; or

(b) the exercise of any of the ACMA's spectrum management powers.

(2) An instrument under subsection (1) is to be known as a Ministerial policy statement .

28C The ACMA must have regard to Ministerial policy statements

(1) In performing its spectrum management functions, and exercising its spectrum management powers, the ACMA must have regard to any relevant Ministerial policy statements.

(2) A contravention of subsection (1) does not affect the validity of:

(a) an instrument made by the ACMA; or

(b) anything else done by the ACMA;

in the performance of its functions or the exercise of its powers.

Part 1.6 - The ACMA's work program

28D Simplified outline of this Part

• At least once each financial year, the ACMA must determine a work program in relation to its spectrum management functions and its spectrum management powers.

• Before determining a work program, the ACMA must:

(a) consult the Minister; and

(b) undertake any other consultation that is appropriate and reasonably practicable.

28E The ACMA's work program

(1) At least once each financial year, the ACMA must determine a work program in relation to its spectrum management functions and its spectrum management powers.

(2) A work program must be for a period of not less than 5 financial years.

(3) If the ACMA has a work program (the original work program ), the ACMA may determine a work program (the new work program ) that is expressed to replace the original work program. If the ACMA does so, the original work program is taken to be revoked when the new work program comes into force.

(4) The ACMA must publish a work program on the ACMA's website.

(5) A work program is not a legislative instrument.

28F Consultation

(1) Before determining a work program, the ACMA must:

(a) consult the Minister; and

(b) undertake any other consultation that is:

(i) considered by the ACMA to be appropriate to undertake; and

(ii) reasonably practicable to undertake.

(2) A contravention of subsection (1) does not affect the validity of the work program.