Bills Digest no. 32 2007–08
Communications Legislation Amendment (Information
Sharing and Datacasting) Bill 2007
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Conclusion
Endnotes
Contact officer & copyright details
Passage history
Communications
Legislation Amendment (Information Sharing and Datacasting) Bill
2007
Date introduced:
20 June 2007
House: House of Representatives
Portfolio: Communications, Information Technology
and the Arts
Commencement:
On Royal Assent, with
Schedule 1, Part 1, Division 1 commencing on the day after Royal
Assent and Schedule 1, Part 1, Division 2 on Proclamation or within
six months of Royal Assent. Schedule 1 Part 2 commences the day
after Royal Assent.
Links: The
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
To amend the
Australian Communications and Media Authority Act 2005
(the ACMA Act) to provide for sharing of information between the
Australian Communications and Media Authority (ACMA) and third
parties.
To amend the Radiocommunications Act
1992 (the Radiocommunications Act) to allow the ACMA to vary
the spectrum specified in a datacasting transmitter licence,
including a channel A or channel B datacasting transmitter licence,
after such a licence has been issued.
To amend the Datacasting Charge
(Imposition) Act 1998 (the Datacasting Charge Act) so that a
fee is not payable where a licensee provides datacasting services
on a channel B datacasting transmitter licence.
The Communications Legislation Amendment
(Information Sharing and Datacasting) Bill 2007 (the Bill)
is in two parts. Part 1 relates to disclosure of information by
ACMA officials. Part 2 relates to datacasting issues.
The ACMA is
responsible for the regulation of broadcasting, the Internet, radio
communications and telecommunications. It undertakes functions as
required by the ACMA Act and in accordance with the provisions of a
raft of other legislation including the:
-
Telecommunications Act 1997 (the
Telecommunications Act) and Telecommunications (Consumer
Protection and Service Standards) Act 1999 (Telecommunications
Consumer Protection Act)
-
the Radiocommunications Act
-
Datacasting Charge Act and Datacasting
Transmitter Licence Fees Act 2006 (the Datacasting TL Fees
Act), and
-
Broadcasting Services Act 1992 (the
Broadcasting Services Act).
As part of its
regulatory function, the ACMA has wide ranging powers, including
information gathering, for example:
The Bill proposes to authorise the ACMA to
disclose certain information gathered in the performance of its
regulatory functions (referred to as authorised disclosure
information ) to various government agencies such as the Australian
Competition and Consumer Commission (ACCC), the Telecommunications
Industry Ombudsman and to overseas media and communication
regulators. The information which it proposes to disclose includes
information which has been given in confidence to the ACMA.
The Bill also includes provisions relating to
the Government s decisions concerning channel A and channel B
datacasting transmitter licences. Channel A licences will allow new
free to air, in-home digital television services, while channel B
licences can be used for a wider range of services, including
mobile television. [9]
The Bill proposes to authorise the ACMA to
vary a condition of a datacasting transmitter licence that relates
to radiofrequency spectrum after such a licence has been
allocated.
Following the enactment of the
Broadcasting Services Amendment (Media Ownership) Act
2006, Mr Graeme Samuel, Chairman of the ACCC, expressed his
support in principle to the sharing of information about media
mergers with the ACMA, stating that any proposed merger would be
assessed by both regulators simultaneously. Mr Samuel suggested
that such sharing could pose a few hurdles and may require some
media companies to waive their right to confidentiality . [10]
In an article published in the Sydney
Morning Herald on 6 March 2007, it was reported that ACCC
Chairman, Graeme Samuel, had stated that the ACCC and the ACMA had
reached agreement to share information regarding their media merger
investigations once the new laws about cross media ownership were
operating. It was stated that the two regulators would be
requesting a waiver from merger parties allowing confidential
information provided to one agency to be shared with the other.
[11]
It appears that the Bill has been introduced,
in part, to facilitate the exchange of information between
regulators in relation to media ownership. The Explanatory
Memorandum states that the ACMA frequently receives information
through the performance of its functions and the exercise of its
powers in relation to the regulation of broadcasting, the Internet,
radiocommunications and telecommunications that would be relevant
to other regulatory or administrative bodies or personnel. [12]
The second reading speech states, by way of
example that:
in dealing with industry in relation to a
proposed merger, both the ACCC and ACMA are likely to receive
evidence relating to the question of control of commercial
broadcasting licences. As arrangements currently stand, ACMA would
be unable to share such information with the ACCC, even though it
is relevant to the performance of the ACCC s statutory functions
under the
Trade Practices Act 1974 in considering and
approving proposed media mergers.
[13]
The Explanatory Memorandum states that the
Bill contains measures concerning the allocation of datacasting
transmitter licences, including in relation to channel A and
channel B datacasting transmitter licences. [14] The second reading speech states that
the proposed changes would allow the ACMA to address a range of
technical issues as they arise. The types of issues include
addressing potential interference with existing services and
optimising spectrum for particular services such as mobile
television. [15]
On 21 June 2007,
the Senate referred the Bill to the Standing Committee on the
Environment, Communications, Information Technology and the Arts
for inquiry and report by 30 July 2007.
The Committee received
four written submissions in relation to the Bill. The following
is a brief summary of each.
The Office of the Privacy Commissioner (OPC)
acknowledged that the Bill is primarily targeted at commercial
transaction information. The information which is expected to be
disclosed under the provisions of the Bill is commercially
sensitive or confidential information. However, the OPC considered
that it is probable that some personal information would be
disclosed under the information sharing arrangement, such as the
personal information of directors and small business operators.
[16]
The major concerns of the OPC were:
-
the Bill allows for personal information to be
disclosed to agencies and bodies in jurisdictions that do not have
privacy regulation
[17]
-
media regulators in overseas jurisdictions are
entitled to receive authorised disclosure information but may not
have enacted privacy regulations similar to the Information Privacy
Principles (IPPs) in the Privacy Act 1988 (the Privacy
Act), and
-
this means that there may not be any
legislation to prevent any unintended secondary uses of an
individual s personal information and there may be no way to ensure
that the accuracy and currency of information is maintained.
In addition, the OPC was concerned that the
ACMA may disclose authorised disclosure information if it is
already publicly available . The OPC considered that this was at
variance with the IPPs. This is because the Privacy Act provides
that, even if an agency collects publicly available personal
information, for example, from a public register or from a
newspaper, the agency must still comply with the IPPs. [18]
The OPC made several recommendations for
amendment to the Bill including:
-
that disclosure of personal information should
be specifically excluded from any authorised disclosure information
, or
-
in the alternative, a definition of personal
information be included and a requirement that compliance with the
Privacy Act was required, and
-
that the regulation making powers in the Bill
should expressly provide that the privacy of individuals is to be a
matter for consideration by the Chair of the ACMA.
[19]
Privacy Commissioner Helen Versey from Privacy
Victoria was concerned that the definition of authorised disclosure
information is extremely broad and includes information that the
ACMA has collected in confidence and through its coercive powers.
[20]
Like the OPC, Privacy Victoria was concerned
that personal information would be disclosed to a state, territory
or foreign authority that may not be subject to privacy regulation
that is similar to the Privacy Act. [21]
In relation to that part of the Bill which
allows for information about the affairs of a person to be
disclosed, where the person has consented to the disclosure,
Privacy Victoria was concerned that the term information that
relates to the affairs of a person is not defined. Further, whilst
the Explanatory Memorandum states that the Privacy Act is intended
to prevail in relation to disclosure of personal information, the
wording of the Bill does not emphasise that intention. [22]
Privacy Victoria was also concerned about the
section relating to disclosure of publicly available information as
that term is not defined in the Bill.
Like the OPC, Privacy Victoria strongly
recommended that, to prevent ambiguity, the Bill should be amended
to provide that the Privacy Act is to apply in matters relating to
personal information. [23]
Free TV Australia Limited (Free TV) is the
peak industry body representing all of Australia s commercial
free-to-air television licensees. [24]
Free TV considers that the Bill should be
amended as follows:
Free TV submitted that the proposed amendment
to section 111 will empower the ACMA to vary the conditions of a
licence without any industry consultation. In their view, issues
relating to the availability and quality of free-to-air television
services are far too important to leave to administrative
discretion. [26]
In evidence to the Committee they said they
would like to see a mandatory consultative process to address
potential problems before they actually occur. [27]
The Australian Broadcasting Corporation (ABC)
submission related to disclosure of information which had been
provided in confidence to the ACMA.
They acknowledged that the Bill provided for
the Chair of the ACMA to impose conditions on authorised disclosure
information provided to Royal Commissions, for example, that the
recipient of the information does not further disclose it. Of
concern to the ABC was that the Bill does not have a similar
provision in relation to information disclosed to Ministers or
Departmental Secretaries. [28] The ABC believes that these provisions do not provide
adequate protection for sensitive information disclosed to the ACMA
on a confidential basis.
The ABC also made submissions about Part 2 of
Schedule 1 of the Bill which proposes to amend the
Radiocommunications Act so that the ACMA is able to vary the
licence conditions applying to a datacasting transmitter licence.
This would, in effect, permit the ACMA to move a datacasting
service from one channel to another. [29]
Like Free TV, the ABC was concerned that there
is potential for interference to free-to-air television broadcasts
from mobile television services that are expected to operate under
channel B datacasting transmitter licences. The ABC submitted that
the proposed amendment is an adequate means of protecting
terrestrial television transmissions from interference from channel
B mobile television services and supports the arguments for a
fully-developed planning regime which were advanced by Free TV.
[30]
The Explanatory Memorandum states that the
Bill is expected to have minimal impact on Commonwealth expenditure
or revenue. [31]
Schedule 1 proposes to amend
the ACMA Act by inserting two additional definitions into the
existing section 3. Item 1 inserts ACMA
official which means
-
a member of ACMA
-
an associate member of ACMA
-
a member of the ACMA staff or
-
an officer or employee of a Commonwealth
authority whose services have been made available to ACMA.
These are the persons whom it is proposed will
have the authority to disclose information under the ACMA Act.
The second definition, inserted by
item 2, is authorised disclosure
information which defines the nature of the information
which will be releasable under the ACMA Act as follows:
-
information that was given in confidence to the
ACMA in connection with the performance of any of the ACMA s
functions or the exercise of its powers;
-
information that was obtained by the ACMA as a
result of the exercise of the following of its powers under:
-
the Broadcasting Services Act - Parts 2
(categories of broadcasting services), 5 (control of commercial
broadcasting licences and datacasting transmitter licences), 7
(subscription television broadcasting services) or 13 (information
gathering by the ACMA by way of investigations
[32] and hearings
[33])
- the Radiocommunications Act - Chapters 3 (licensing of
radiocommunications), 5 (administration and enforcement) or 6
(miscellaneous [34])
-
the Telecommunications Act - Parts 3,
(carriers) 6, (industry codes and industry standards) 21,
(technical regulation) 26 (investigations) or 27 (ACMA s
information gathering powers)
- the Telecommunications Act - Schedule 3A (about a carrier s
powers and immunities)
-
the Telecommunications Consumer Protection
Act - Part 2 (which relates to the universal service regime)
[35]
-
information that was obtained by the ACMA as a
result of the exercise of its powers under a provision that allows
the ACMA or an ACMA official to require a person to give
information or to produce a document
[36], and
-
information that was given in confidence to the
ACMA by a government authority of a foreign country.
The second reading speech explains the reason
that it is intended to provide disclosure to a government authority
of a foreign country. It states that the ACMA has established close
relationships with overseas regulatory agencies in developing
co-operative arrangements for the regulation of the Internet
industry. The global nature of the Internet means that liaison with
regulatory and other relevant bodies overseas is a vital part of
addressing offensive Internet material and working towards securing
child-safety online. [37]
The submissions to the Standing Committee on
the Environment, Communications, Information Technology and the
Arts in relation to the Bill each expressed concerns that the
definition of authorised disclosure information was extremely broad
and would capture personal information , in addition to
commercially sensitive information.
According to section 6 of the Privacy Act,
personal information means information or an opinion (including
information or an opinion forming part of a database), whether true
or not, and whether recorded in a material form or not, about an
individual whose identity is apparent, or can reasonably be
ascertained, from the information or opinion. Given the range and
extent of the information which the ACMA is empowered to gather in
carrying out its functions, those concerns are well founded.
None of the sections of the proposed Bill make
express reference to the intention expressed in the Explanatory
Memorandum that the Privacy Act will apply to personal information
. [38]
Item 3 of Schedule 1 of the
Bill proposes to insert a new Part 7A into the
existing Act. Proposed sections 59A to 59H in Part
7A set out various circumstances in which an ACMA official
may disclose authorised disclosure information to a third
party.
Proposed subsection 59A(1)
allows an ACMA official to disclose any of the information which is
defined as authorised disclosure information to the Minister for
Communications, Information Technology and the Arts. In addition,
an ACMA official may disclose authorised disclosure information to
the Secretary of the Department, or an APS employee in the
Department who has written authorisation from the Secretary under
proposed subsection 59B(1) as long as the purpose
of disclosing the information is to advise the Minister.
Proposed subsection 59A(2)
allows an ACMA official to disclose to any other Minister
authorised disclosure information that relates to a matter arising
under a provision of an Act that is administered by that Minister.
In addition, an ACMA official may disclose authorised disclosure
information to the Secretary of a Department, or an APS employee of
that Department who has written authorisation from the relevant
Secretary under proposed subsection 59B(2), as
long as the purpose for disclosing the information is to advise the
relevant Minister in accordance with proposed subsection
59A(2).
Proposed section 59C relates
to disclosure to Royal Commissions. Under proposed
subsection 59C(1) an ACMA official may disclose authorised
disclosure information to a Royal Commission. The Chair of the ACMA
may impose written conditions to be complied with in relation to
the information which is disclosed: proposed subsection
59C(2).
The ABC was critical that the proposed
section 59C allowed for the Chair of the ACMA to impose
conditions upon the information which could be disclosed to a Royal
Commission but that proposed sections 59A and 59B
did not allow for any limitations on the disclosure of information
to a Minister or the Secretary of a Department.
The Explanatory Memorandum states that it is
intended that information would be disclosed by the ACMA to a Royal
Commission when the information is relevant to the Commission s
terms of reference. [39] A similar limitation is imposed on the relevant
Minister under the proposed subsections 59A(2) and
59B(2). Under those subsections authorised disclosure
information may be disclosed if it relates to a matter arising
under a provision of an Act that is administered by the
Minister.
Under proposed section 59D
the Chair of the ACMA may authorise an ACMA official in writing to
disclose authorised disclosure material to a number of authorities
which are specifically listed. Under proposed subsection
59D(1) the Chair of the ACMA must be satisfied that the
information will enable or assist the authority to perform or
exercise any of its functions or powers. The Explanatory Memorandum
states that this is an important safeguard which is intended to
ensure that information will only be disclosed to authorities which
have a genuine interest in receiving it. [40]
The major criticism of this section is that a
number of the authorities which are defined in the proposed section
have not enacted legislation which is equivalent to the Privacy
Act. [41] In
addition, there are not sufficient protections of sensitive
information disclosed to the ACMA on a confidential basis. [42]
However, according to proposed
subsection 59D(2) the Chair of the ACMA may impose written
conditions on the disclosure of authorised disclosure material to
the listed authorities. The Explanatory Memorandum states by way of
example that a condition could be imposed that the information must
not be further disclosed by the authority that receives it.
[43] The ABC
supports such a condition being imposed. [44] However, in the current Bill there is
no compulsion for the Chair of the ACMA to impose that or any other
specific condition. Privacy Victoria suggested that a provision be
inserted to ensure that the Chair of ACMA gives consideration to
transborder data flows in accordance with Schedule 2 of the Privacy
Act. [45]
Proposed section 59E authorises
an ACMA official to disclose authorised disclosure information
about the affairs of a person where the person consents to the
disclosure and the disclosure is in accordance with the consent
that has been given.
Privacy Victoria was concerned that the term
information about the affairs of a person is not defined and that
the proposed section does not contain a specific provision to give
effect to the intention enunciated in the Bill, i.e., that the
Privacy Act will apply to matters of personal information. [46]
Neither the Bill nor the Explanatory
Memorandum give an indication of how this consent might be
requested or the circumstances in which it might be requested.
Proposed section 59F deals
with disclosure of authorised disclosure information which is
already publicly available. The term already publicly available is
not defined.
Privacy Victoria expressed concern about the
breadth of the proposed section on the grounds that it potentially
extends from any authorised disclosure information, including
personal information, that is printed in a popular newspaper, to
information that a person may be able to find from a complex google
search . [47] Free
TV was equally concerned about how the phrase might be construed.
[48]
Proposed section 59H refers
to disclosure of authorised disclosure information in specified
circumstances . The Explanatory Memorandum states that the proposed
section provides for regulations to authorise an ACMA official to
disclose authorised disclosure information in specified
circumstances, and to provide that the Chair of ACMA may impose
written conditions to be complied with in relation to the
disclosure. [49]
There is no indication in the Bill or
Explanatory Memorandum as to what those specified circumstances
might be.
The OPC submits that this clause should
expressly provide for the privacy of individuals to be a matter of
consideration for the Chair of the ACMA and suggests that the power
to make regulations under this clause could include a process of
consultation with the Privacy Commissioner. [50]
Despite the provisions of the proposed
sections 59A to 59H which set out the circumstances in
which authorised disclosure information can be disclosed and the
conditions which may be imposed on that disclosure, the effect of
proposed section 59J is that disclosure may also
take place in other circumstances which have not been specified.
Privacy Victoria submitted that the specified circumstances
envisaged by this section should be clearly expressed in the Act,
because in its current form, there is no limit on what information
may be disclosed or in what circumstances. Of particular concern to
Privacy Victoria was that the disclosure of authorised disclosure
information that is also personal information should be
specifically excluded from this provision. [51]
Item 4 of Schedule 1 of the
Bill provides that disclosure of information under the proposed
Part 7A relates to information which was given to, or obtained by
ACMA before, on or after the commencement of that Part.
Essentially, with the enactment of the Bill, the ACMA will be
authorised to disclose information which is already in its
possession, despite the fact that the material may have been
provided to the ACMA on the understanding that it was confidential
and would not be disclosed to a third party, and without any
knowledge of the proposed Bill.
Existing Part 3.3 of the Radiocommunications
Act relates to apparatus licences.
Division 1 of Part 3.3 of the
Radiocommunications Act relates to the types of apparatus licences.
Section 97 of the Radiocommunications Act provides that the ACMA
may issue either transmitter licences or receiver licences.
Sections 98A and 98B provide that the ACMA may declare that a
specified datacasting licence will be issued as a channel A
datacasting transmitter licence or a channel B datacasting
transmitter licence respectively.
Division 2 of Part 3.3 of the
Radiocommunications Act relates to the manner in which the ACMA
issues different types of apparatus licence.
Division 3 of Part 3.3 of the
Radiocommunications Act relates to the conditions which can be
placed upon apparatus licences. In particular, sections 107(1)(g),
108A(1)(f), 109(1)(f) and 109A(1)(k) provide that the ACMA can
apply such other conditions as are specified in the licence .
Items 6 and 7 of the Bill
propose to amend subsection 111(1)(d) of the Radiocommunications
Act which is located in Division 3 of Part 3.3.
The existing subsection 111 currently provides
for the ACMA to make certain changes to licence conditions
applicable to apparatus licences, including a datacasting
transmitter licence, for example:
-
impose one or more further conditions to which
the licence is subject
-
revoke or vary one of those further
conditions
-
revoke or vary one of the conditions that has
been applied to the licence under sections 107(1)(g), 108A(1)(f),
109(1)(f) and 109A(1)(k), and
-
if the licence is a transmitter licence,
but not a datacasting transmitter licence, vary a
condition already specified in the licence under sections
108(2)(a),
[52]
(b),
[53] or (c)
[54]
Item 6 proposes to delete the
phrase or a datacasting transmitter licence from subsection
111(1)(d) so that the ACMA can vary a condition specified in the
licence under subsections 108(2)(a) (c).
Item 7 proposes to insert the
phrase or 109A(1)(d) to subsection 111(1)(d) so that, in addition
to being able to rely on the terms of 108(2)(a) (c), the ACMA will
also be able to vary the terms of a licence under section
109A(1)(d). [55]
These proposed amendments will achieve their
stated intention, that is, to enable the ACMA to vary the spectrum
specified in a datacasting transmitter licence, including a channel
A or channel B datacasting transmitter licence, after such a
licence has been issued. [56]
Item 8 of the Bill proposes
to amend the Datacasting Charge Act.
Section 6 of the current Datacasting Charge
Act provides that if a transmitter licence authorises the holder to
transmit datacasting services in digital mode, then a charge is
imposed on the transmitter licence in respect of the financial
year. The proposed amendment to subsection 6(a) will exempt channel
B datacasting transmitter licences from this section.
According to the Explanatory Memorandum, the
Government has decided that channel B datacasting licences should
not be subject to an annual licence fee. [57]
In
respect of Part 1, the Senate inquiry process raised significant
concerns about tightening the definitions of key terms in order to
reflect privacy concerns. These concerns are referred to in the
Main Provisions section of this Digest.
In respect of Part 2, despite the apparently
minor changes that are proposed to the Radiocommunications Act, the
effect is significant. The submissions by the ABC and Free TV
reflect their concerns about the need for further consultation
before channel A or channel B datacasting transmitter licences are
issued so as to avoid any interference with existing free-to-air
broadcasts.
Endnotes
[1]. Section 520
Telecommunications Act 1997.
[2]. Section 255
Radiocommunications Act 1992.
[3]. Section 7
Datacasting Charge (Imposition) Act 1998.
[4]. Section 6
Datacasting Charge (Imposition) Act 1998.
[5]. Section 65
Broadcasting Services Act 1992.
[6]. Subdivision 5B
Broadcasting Services Act 1992.
[7]. A trigger event
will occur if a commercial radio licence is transferred to a third
party or a new media group is created or there is a change in the
control of a media group of which the radio licence is a part.
[8]. Section 43B
Broadcasting Services Act 1992.
[9]. Senator the Hon
Helen Coonan, Minister for Communications, Information Technology
and the Arts, Address to ABN AMRO Communications Conference
2007 entitled 2007 reaping the benefits of the media reforms ,
Sydney, 17 April 2007, p. 5.
[10]. M. Ricketson,
Samuel wants close co-operation between regulators as mergers loom
, The Age, 25 November 2006, p. 3.
[11]. L. Murray,
One step closer to media melee , Sydney Morning Herald, 6
March 2007, p. 25.
[12].
Explanatory Memorandum, p. 2.
[13]. The Hon.
Bruce Billson MP, Minister for Veterans Affairs and Minister
Assisting the Minister for Defence, Second reading speech:
Communications Legislation Amendment (Information Sharing and
Datacasting) Bill 2007 , House of Representatives, Debates, 20 June
2007, p. 13.
[14].
Explanatory Memorandum, p. 3.
[15]. The Hon.
Bruce Billson, op.cit.
[16]. Office of the
Privacy Commissioner, Submission No. 2, July 2007, p.
3.
[17]. For example:
Queensland, South Australia and Western Australia do not have
privacy legislation.
[18]. Office of the
Privacy Commissioner, op. cit., p. 4.
[19]. Office of the
Privacy Commissioner, op. cit., p. 5.
[20]. H. Versey on
behalf of Privacy Victoria, Submission No. 1, 13 July
2007, p. 1.
[24]. Free TV
Australia Limited, Submission No. 4, 17 July 2007, p.
1.
[25]. ibid.,
Introduction, p. 1.
[26]. ibid.,
Section 2, p. 2.
[27]. Evidence of
R. Bunch, Public Hearing before Senate Standing Committee on
Environment, Communications, Information Technology and the
Arts, 7 August 2007, p. 6. Free TV Australia Limited considers
that the Radiocommunications Act should include an additional
amendment in similar terms to Part 3 of the Broadcasting Services
Act which would entrench a formal consultation.
[28]. G. Dawson for
and on behalf of Australian Broadcasting Corporation,
Submissions to the Senate Environment, Communications,
Information Technology and the Arts Committee, 17 July
2007, p. 1.
[29]. Australian
Broadcasting Corporation, op. cit., p. 2.
[31].
Explanatory Memorandum, p. 3.
[32]. Part 13,
Division 2 of the Broadcasting Services Act.
[33]. Part 13
Division 3 of the Broadcasting Services Act.
[34]. Including
international agreements at section 299 of the
Telecommunications Act 1997
[35]. According to
section 8 of the Telecommunications (Consumer Protection and
Service Standards) Act 1999, the main object of the universal
service regime is to ensure that all people in Australia should
have reasonable access to standard telephone services, payphones,
prescribed carriage services and digital data services.
[36]. For example
section 45 of the Broadcasting Services Act which requires
licensees to provide information for the Register of Controlled
Media Groups.
[37]. Second
reading speech.
[38].
Explanatory Memorandum, p. 7.
[39].
Explanatory Memorandum, p. 12
[40].
Explanatory Memorandum, p. 13.
[41]. Privacy
Victoria, op. cit., p. 2.
[42]. Australian
Broadcasting Corporation, op. cit., p. 1.
[43].
Explanatory Memorandum, p. 13.
[44]. Australian
Broadcasting Corporation, op. cit., p. 2.
[45]. Privacy
Victoria, op. cit., p. 2.
[48]. Free TV
Australia Limited, op. cit., Introduction, p. 1.
[49].
Explanatory Memorandum, p. 16.
[50]. Office of the
Privacy Commissioner, op. cit., p. 4.
[51]. Privacy
Victoria, op. cit., p. 3.
[52]. Provides that
a licensee must not operate a transmitter for a purpose that is
inconsistent with a purpose of the kind specified in the
appropriate frequency band plan.
[53]. Provides that
a licensee must not operate a transmitter except in accordance with
the licence conditions that relate to containment of interference
to radiocommunications or transmission of an identification
signal.
[54]. Provides that
a licensee must not operate the transmitter except on the frequency
specified in the licence.
[55]. Provides that
a datacasting transmitter licence is subject to a condition that
the licensee must not operate the transmitter except on a frequency
or a frequency channel and at a constancy that is specified in the
licence.
[56].
Explanatory Memorandum, p. 18.
Paula Pyburne
Law and Bills Digest Section
17 August 2007
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Library’s Central Entry Point for referral.
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