Bills Digest 88 1996-97
Australian Communications Authority Bill 1996
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
Australian Communications Authority Bill 1996
Date Introduced: 5 December 1996
House: House of Representatives
Portfolio: Communication and the Arts
Commencement: The Act commences on 1 July 1997.
This bill is a part of a package of bills, the purpose of which is to
implement a new regulatory framework for the telecommunications industry.Most
significantly this bill establishes the Australian Communications Authority
(ACA).The ACA will take over the non-competition functions of AUSTEL
and the functions of the Spectrum Management Authority.
Refer to the Background contained in the Digest of the Telecommunications
Bill 1996.
Part 1 - Introduction
This Part contains the commencement and interpretation provisions.
Part 2 - Functions and Powers of the ACA
The ACA has 3 types of functions:
- telecommunications functions (Clause 6) including:
a)regulating telecommunication in accordance with the Telecommunications
Act 1996
b)reporting to and advising the Minister in relation to the telecommunications
industry and matters affecting consumers of carriage services
c)managing Australia's input into the setting of international standards
for telecommunications
d)monitoring and reporting to the Minister in relation to licensing
of carriers
e)making information about matters relating to the telecommunications
industry publicly available.
- spectrum management functions (Clause 7) including:
a)managing the radiofrequency spectrum in accordance with the Radiocommunications
Act 1992
b)reporting to and advising the Minister in relation to the radiocommunications
community
c)managing Australia's input into the setting of international standards
for radiocommunications
d)making information about matters relation to the radiocommunications
community publicly available.
- additional functions (Clause 8) including:
a)provision of facilities or services, on a commercial basis, where
the services or facilities relate to telecommunications or radiocommunications,
utilise spare capacity of the ACA or will result in an improvement in
the specialised technical skills of the ACA staff
b)such other functions as are conferred on the ACA by any other law.
Clause 9 gives the ACA the power to do all things necessary or
convenient to be done for or in connection with the performance of its
functions.
The ACA is obliged to perform its functions in a manner consistent with
government policies notified by the Minister (Clauses 10 and
11).The Minister may give directions to the ACA in relation to the
performance of its functions and the exercise of its powers (Clause
12).
Part 3 - Establishment and Membership of the ACA
Clause 14 renames the body corporate known as 'AUSTEL' as the
Australian Communications Authority.
The ACA must have 3 to 5 members, made up of a chairman, deputy chairman
and 1 to 3 other members (Clause 16).The chairman and deputy chairman
must be appointed as full-time members.Provision is made for the appointment
of associate members in respect of a specific inquiry or investigation
(Clause 18).
Members are appointed by the Governor-General.Associate members are appointed
by the Minister (Clauses 17 and 18).
Part 4 - Meetings of the ACA
The ACA may hold meetings as are necessary for the performance of its
functions.The Chairman may call a meeting at any time and must call a
meeting if requested to do so by:
- the Minister, or
- at least 2 members (Clause 22).
A majority of the members constitutes a quorum (Clause 25).A question
is decided by a majority of votes of the members present and voting.The
person presiding has a deliberative vote and, if necessary, a casting
vote (Clause 26).
Members or associate members who have a material personal interest in
a matter being considered by the ACA must disclose the nature of that
interest and must not take part in or be present during any decision relating
to the matter (Clause 30).
Part 5 - Administrative Provisions
Members and Associate Members
Members can be appointed for a maximum of 5 years.An associate member's
appointment ends on the day on which the ACA completes the preparation
of its report about the inquiry or investigation (Clause 31).
The remuneration of member and associate member is determined by the
Remuneration Tribunal.
The Chairman is prohibited from engaging in other paid employment without
the Minister's approval.Other full-time members are prohibited from engaging
in other paid employment with the Chairman's approval.Part-time members
must not engage in other paid employment that, in the Minister's opinion,
conflicts with the performance of their duties as a member (Clause
34).
The appointing authority must terminate the appointment of a member or
associate member if the Minister is of the opinion that the person's performance
has been unsatisfactory for a significant period of time.The Governor-General
must terminate all members and associate members if the Minister
is of the opinion that the performance of the ACA has been unsatisfactory
for a significant period of time (Clause 37).
Finances of the ACA
The Minister for Finance may give directions as to the amounts and at
what times funds appropriated for the ACA are paid to the ACA (Clause
43).
Corporate Plan
At least once each year, the ACA must prepare a corporate plan (Clause
48).The plan must cover a period of at least 3 years and must set
out details of:
- the objectives of the ACA
- the strategies and policies to be following to achieve those objectives
- such other matters as the Minister requires.
Delegation
The ACA has the power to delegate any or all of its functions and powers
to:
- a member
- an associate member, or
- a member of the staff of the ACA (Clause 49).
Part 6 - Advisory Committees
The ACA may establish advisory committees to assist it in performing
any of its functions (Clause 51).
Part 7 - Miscellaneous
The ACA may make determinations fixing charges for services and facilities
provided by the ACA and matters in relation to which expenses are incurred
by the ACA (Clause 52).
Clause 54 makes 'the ACA' and 'Australian Communications Authority'
protected names and makes any official symbol of the ACA a protected symbol.Protected
names and symbols cannot be used by other persons.
Lee Jones
5 February 1997
Bills Digest Service
Information and Research Services
This Digest does not have any official legal status. Other sources should
be consulted to determine whether the Bill has been enacted and, if so,
whether the subsequent Act reflects further amendments.
IRS staff are availableto discuss the paper's contents
with Senators and Members andtheir staff but not with members of the public.
ISSN 1323-9031
Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library, 1997.
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