Senate

Supplementary Explanatory Memorandum

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

Amendment (1) changes the commencement date of Schedule 2 to the Bill from 27 June 2002 (the date the Bill was introduced into the House of Representatives) to 27 March 2003 (the date the Bill was passed by the House of Representatives). This will lessen the retrospective operation of Schedule 2 and ensure that its aims are not frustrated. A degree of retrospectivity is required so that the Freedom of Information Act 1982 cannot be used to undermine the operation of the on-line content regime in Schedule 5 to the Broadcasting Services Act 1992.

Amendment (2) changes the commencement date of Schedule 4 to the Bill from 1 April 2003 to the day after the Bill, when enacted, receives the Royal Assent. This will ensure the validity of any decisions made by the current members of the 'specially-constituted' Australian Communications Authority (ACA) for the purposes of Schedule 3 to the Telecommunications Act 1997 from 2 April 2003 until the enactment of the Bill.