Explanatory Memorandum
(Circulated by authority of Senator the Hon. Helen Coonan, Minister for Communications, Information Technology and the Arts)Australian Communications and Media Authority (Consequential and Transitional Provisions) Bill 2004
Datacasting Charge (Imposition) Amendment Bill 2004
Radiocommunications (Receiver Licence Tax) Amendment Bill 2004
Radiocommunications (Spectrum Licence Tax) Amendment Bill 2004
Radiocommunications (Transmitter Licence Tax) Amendment Bill 2004
Radio Licence Fees Amendment Bill 2004
Telecommunications (Numbering Charges) Amendment Bill 2004
Television Licence Fees Amendment Bill 2004
Outline and financial impact statement
Outline
Australian Communications and Media Authority (Consequential and Transitional Provisions) Bill 2004
The Australian Communications and Media Authority (Consequential and Transitional Provisions) Bill 2004 ('the Bill') contains transitional provisions and consequential amendments related to the establishment of the Australian Communications and Media Authority ('the ACMA') by the Australian Communications and Media Authority Bill 2004 ('the ACMA Bill').
The Bill deals with the consequences of the proposed merger of the Australian Communications Authority ('the ACA') and the Australian Broadcasting Authority ('the ABA') to form the ACMA. Among other things, it contains provisions dealing with the vesting of assets and liabilities of the ACA and the ABA in the Commonwealth (since the ACMA will be a prescribed Agency under the Financial Management and Accountability Act 1997 (FMA Act) and will not hold money or other property in its own name). The Bill also provides for the continuing operation of ACA and ABA instruments after the commencement of the Bill.
As a result of the ACMA Bill, Schedules 1 and 2 to the Bill make a number of consequential amendments to other Commonwealth Acts. Among other things, these amendments provide for the repeal of the Australian Communications Authority Act 1997 and provisions in the Broadcasting Services Act 1992 relating to the establishment and constitution of the ABA and the administrative provisions applicable to the ABA. They also remove 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. They also change references in Commonwealth legislation to the ABA and the ACA to the ACMA.
Schedule 3 to the Bill will amend 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 will replace references to the Australian Broadcasting Authority in amendments to the Criminal Code Act 1995 made by the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004, which will commence on 1 March 2005, with references to the Australian Communications and Media Authority. Similar amendments will 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 will amend current references to the Australian Communications Authority and the Australian Broadcasting Authority in the Ombudsman Act which will not be amended by the Postal Industry Ombudsman Bill 2004.
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 given that the ACMA will be a prescribed agency for the purposes of the FMA Act, and provisions for the continuing operation of ACA and ABA instruments after the commencement of the Bill.
Datacasting Charge (Imposition) Amendment Bill 2004
The Datacasting Charge (Imposition) Amendment Bill 2004 amends the Datacasting Charge (Imposition) Act 1998 to replace references to the ACA with references to the ACMA. It also amends a note consequential upon the ACMA Bill and gives continuing effect to any existing determination made by the ACA providing for the amount of charge imposed on a transmitter licence in respect of a financial year, as if it had been made by the ACMA.
Radiocommunications (Receiver Licence Tax) Amendment Bill 2004
The Radiocommunications (Receiver Licence Tax) Amendment Bill 2004 amends the Radiocommunications (Receiver Licence Tax) Act 1983 to replace references to the ACA with references to the ACMA. It also gives continuing effect to any existing notice given to the ACA by the holder of a receiver licence electing to pay tax under the Radiocommunications (Receiver Licence Tax) Act on each anniversary of the day the licence came into force. In addition, it gives continuing effect to any existing determination made by the ACA for the amount of tax in respect of the issue of a receiver licence, the anniversary of a receiver licence coming into force or the holding of a receiver licence, as if it had been made by the ACMA.
Radiocommunications (Spectrum Licence Tax) Amendment Bill 2004
The Radiocommunications (Spectrum Licence Tax) Amendment Bill 2004 amends the Radiocommunications (Spectrum Licence Tax) Act 1997 to replace references to the ACA with references to the ACMA. It also amends notes consequential upon the ACMA Bill and gives continuing effect to any existing determinations made by the ACA providing for an initial holding date for spectrum licences included in a specified class of spectrum licences and for the amount of tax imposed in relation to a spectrum licence, as if they had been made by the ACMA.
Radiocommunications (Transmitter Licence Tax) Amendment Bill 2004
The Radiocommunications (Transmitter Licence Tax) Amendment Bill 2004 amends the Radiocommunications (Transmitter Licence Tax) Act 1983 to replace references to the ACA with references to the ACMA. It also gives continuing effect to any existing notice given to the ACA by the holder of a transmitter licence electing to pay tax under the Radiocommunications (Receiver Licence Tax) Act on each anniversary of the day the licence came into force. In addition, it gives continuing effect to any existing approved forms of the ACA and any determination made by the ACA for the amount of tax in respect of the issue of a transmitter licence, the anniversary of a transmitter licence coming into force or the holding of a transmitter licence, as if they had been made by the ACMA.
Radio Licence Fees Amendment Bill 2004
The Radio Licence Fees Amendment Bill 2004 amends the Radio Licence Fees Act 1964 to replace references to the ABA with references to the ACMA. It also gives continuing effect to any direction made by the ABA about the gross earnings of a commercial radio broadcasting licensee, which is relevant in calculating the licence fees payable under the Radio Licence Fees Act, as if it had been made by the ACMA.
Telecommunications (Carrier Licence Charges) Amendment Bill 2004
The Telecommunications (Carrier Licence Charges) Amendment Bill 2004 amends the Telecommunications (Carrier Licence Charges) Act 1997 to replace references to the ACA with references to the ACMA and makes other minor consequential amendments. It also gives continuing effect to any existing determinations made by the ACA for the amount of application charge payable by an applicant for a carrier licence, the amount of annual charge payable by a carrier, the proportion of the ACA's costs for the immediately preceding financial year that is attributable to the ACA's telecommunications functions and powers and the proportion of the Commonwealth's annual contribution to the budget of the International Telecommunication Union, as if they had been made by the ACMA. In addition, it repeals Part 4 of the Telecommunications (Carrier Licence Charges) Act, which relates to the exercise of powers by the former Australian Telecommunications Authority (AUSTEL) before 1 July 1997, as this Part is spent.
Telecommunications (Numbering Charges) Amendment Bill 2004
The Telecommunications (Numbering Charges) Amendment Bill 2004 amends the Telecommunications (Numbering Charges) Act 1997 to replace references to the ACA with references to the ACMA. It also gives continuing effect to any existing notice given to the ACA about the transfer of a number between two carriage service providers and to any existing determinations made by the ACA for the amount of charge imposed on the allocation of a number, exempting a specified number from charge, specifying the day on which charge is imposed and specifying the amount of charge imposed on a number held at a particular time, as if they had been made by the ACMA. In addition, it repeals Part 4 of the Telecommunications (Numbering Charges) Act, which relates to the exercise of powers by the former Australian Telecommunications Authority (AUSTEL) before 1 July 1997, as this Part is spent.
Television Licence Fees Amendment Bill 2004
The Television Licence Fees Amendment Bill 2004 amends the Television Licence Fees Act 1964 to replace references to the ABA with references to the ACMA. It also gives continuing effect to any direction made by the ABA about the gross earnings of a commercial television broadcasting licensee, which is relevant in calculating the licence fees payable under the Television Licence Fees Act, as if it had been made by the ACMA.
Financial impact statement
The Australian Communications and Media Authority (Consequential and Transitional Provisions) Bill 2004 is not expected to have a significant impact on Commonwealth expenditure. The Bill provides for all of the assets and liabilities of the ABA and the ACA to vest in the Commonwealth with effect from the date on which the ACMA is established.
The Datacasting Charge (Imposition) Amendment Bill 2004, the Radiocommunications (Receiver Licence Tax) Amendment Bill 2004, the Radiocommunications (Spectrum Licence Tax) Amendment Bill 2004, the Radiocommunications (Transmitter Licence Tax) Amendment Bill 2004, the Radio Licence Fees Amendment Bill 2004, the Telecommunications (Carrier Licence Charges) Amendment Bill 2004, the Telecommunications (Numbering Charges) Amendment Bill 2004 and the Television Licence Fees Amendment Bill 2004 are not expected to have a significant impact on Commonwealth expenditure or revenue.