Australian Communications Authority Act 1997
Act No. 52 of 1997 as amended
This compilation was prepared on 17 June 2004
taking into account amendments up to Act No. 148 of 2003
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part 1—Introduction
1 Short title [see Note 1]
2 Commencement
3 Simplified outline
4 Definitions
4A Application of the Criminal Code
Part 2—Functions and powers of the ACA
5 Functions of the ACA
6 ACA’s telecommunications functions
7 ACA’s spectrum management functions
8 ACA’s additional functions
9 Powers
12 Minister may give directions to the ACA
12A ACA to consult with the Australian Competition and Consumer Commission in relation to management of electronic addressing
13 ACA not otherwise subject to government direction
Part 3—Establishment and membership of the ACA
14 ACA
15 ACA is a body corporate
16 Membership
17 Appointment of members
18 Appointment of associate members
19 Associate members to be treated as members for certain purposes
20 Qualification of members and associate members
21 Vacancy not to affect performance of functions
Part 4—Meetings of the ACA
22 Times and places of meetings
23 Notice of meetings
24 Presiding at meetings
25 Quorum
26 Voting at meetings
27 Conduct of meetings
28 Resolutions without meetings
29 Minutes
30 Disclosure of interests—associate members taken to be directors
Part 5—Administrative provisions
Division 1—Members and associate members
31 Term of appointment
32 Remuneration and allowances
33 Other benefits
34 Outside employment
35 Leave of absence
36 Resignation
37 Termination of appointment
38 Other terms and conditions
39 Acting appointments
Division 2—Staff of the ACA
40 Staff of the ACA
41 Arrangements with authorities of the Commonwealth
42 Consultants
Division 3—Finances of the ACA
43 Money of the ACA
44 Application and investment of money held by the ACA
46 Limitation on contracts
47 Liability to taxation
Division 4—Corporate plans
48 Corporate plans
Division 5—Delegation
49 Delegation
Division 6—Annual report
50 Annual report
Part 6—Advisory committees and the Consumer Consultative Forum
51 Advisory committees
52 Consumer Consultative Forum
Part 7—Miscellaneous
53 Charges relating to the ACA’s costs
54 Definitions determination
54A Determinations may define expressions by reference to other instruments
55 Person not to use protected name or protected symbol
56 ACA to maintain Register of policy notifications and Ministerial directions
57 Regulations
Notes
An Act to establish the Australian Communications Authority (ACA), and for related purposes
Part 1—Introduction
1 Short title [see Note 1]
This Act may be cited as the Australian Communications Authority Act 1997.
2 Commencement
This Act commences on 1 July 1997.
3 Simplified outline
The following is a simplified outline of this Act:
• The Australian Communications Authority (ACA) is established.
• The main functions of the ACA relate to…
Overview
The Australian Communications Authority Act 1997 (ACA Act) was enacted to establish the Australian Communications Authority (ACA) and outline its functions, powers, and administrative provisions. The ACA Act was passed by the Parliament of Australia and commenced on 1 July 1997. The ACA Act was created to address the need for an independent regulatory body to oversee and manage Australia's telecommunications and radiocommunications sectors. The Act establishes the ACA as a body corporate, which is responsible for regulating the telecommunications industry, managing the radiofrequency spectrum, and advising the government on matters related to communications. The policy objective of the ACA Act is to promote competition, ensure consumer protection, and facilitate the efficient and effective use of Australia's communications infrastructure.
Scope and Application
The Australian Communications Authority Act 1997 establishes the Australian Communications Authority (ACA) as a body corporate with functions relating to telecommunications and spectrum management. The Act applies to the ACA as a corporate entity, and to the members and associate members of the ACA, who are appointed by the Governor-General or the Minister, respectively. The ACA's functions include regulating telecommunications and spectrum, advising the government, managing Australia's input into international standards, and providing public information and education. The Act also outlines the governance structure of the ACA, including the appointment, term, and remuneration of its members and associate members, as well as the procedures for meetings and decision-making. The ACA has the power to make determinations and enter into contracts necessary for the performance of its functions, subject to certain limitations and ministerial oversight. The Act further details the administrative, financial, and reporting requirements of the ACA, including the preparation of corporate plans and annual reports. It also provides for the establishment of advisory committees and the Consumer Consultative Forum to assist the ACA. The Act extends to the Commonwealth jurisdiction, and its application may be affected by subordinate instruments or regulations that prescribe additional matters necessary for its implementation. The Act does not exempt any specific entities or conduct from its purview, except where otherwise provided by law.
Key Provisions
- The Australian Communications Authority Act 1997 (the Act) establishes the Australian Communications Authority (ACA) and outlines its functions and powers. The ACA is tasked with regulating telecommunications and spectrum management, advising the Minister, reporting on industry matters, managing Australia's input into international standards, and providing public information and education on telecommunications and radiocommunications (sections 6 and 7). The ACA also has additional functions such as managing electronic addressing if directed by the Minister, providing services or facilities related to telecommunications or radiocommunications, and performing other functions as specified by law (section 8). The Minister can provide directions to the ACA regarding the performance of its functions and the exercise of its powers, which must be published in the Gazette (section 12). The ACA is not subject to government direction except as otherwise provided by law.
- The Act imposes several obligations on the ACA and its members. Members and associate members must be qualified based on their knowledge or experience in relevant fields such as industry, commerce, technology, and law (section 20). The ACA is required to prepare a corporate plan annually, covering at least three years, and submit it to the Minister (section 48). The ACA must also maintain a Register of policy notifications and Ministerial directions, which can be inspected by the public (section 56). Members and associate members have specific terms of appointment, remuneration, and allowances, and are subject to conditions such as restrictions on outside employment and absence from duty (sections 31-38). The ACA is also required to keep minutes of its meetings and disclose any interests that associate members may have (sections 29 and 30).
- The Act includes provisions for offences, penalties, and civil or criminal consequences for breaches. Using a protected name or symbol without consent from the ACA is an offence punishable by a fine not exceeding 30 penalty units (section 55). Additionally, the Act provides for the imposition of fines and imprisonment for breaches of telecommunications and radiocommunications laws, as these are covered under the Telecommunications Act 1997 and the Radiocommunications Act 1992, respectively. The maximum penalties for these offences can vary depending on the specific provision breached and the nature of the offence.
- Area of Law
- Telecommunications Law
- Regulatory Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Enforcement Powers
- Delegation
