Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (62 of 2014)

Schedule 5   Corporate status of bodies

Part 1   Bodies ceasing to be bodies corporate

Australian Communications and Media Authority Act 2005

4   After section 62

Insert:

62A Proceedings in the name of the ACMA

(1) Proceedings brought by the Commonwealth in relation to the functions or powers of the ACMA may be brought in the name of the ACMA.

Note: This subsection does not authorise ACMA to bring proceedings against the Commonwealth: see also subsection 62B(2).

(2) Proceedings brought against the Commonwealth in relation to the functions or powers of the ACMA may be brought against the Commonwealth in the name of the ACMA.

62B Decisions relating to the Commonwealth etc.

(1) The fact that the ACMA does not have a legal identity separate from the Commonwealth does not affect the performance of the ACMA’s functions in making, or the exercise of the ACMA’s powers to make, decisions relating to:

(a) the Commonwealth; or

(b) any authority of the Commonwealth that is not a body corporate.

(2) This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority.