Telecommunications (Integrated Public Number Database Permitted Research Purposes) Instrument 2007 (No. 1) (Cth)

Commonwealth of Australia

Telecommunications Act 1997

Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1)

I, HELEN LLOYD COONAN, Minister for Communications, Information Technology and the Arts, being satisfied that the kinds of research specified by the following instrument are in the public interest, make the  instrument under subsection 285(3) of the Telecommunications Act 1997.

Dated 4 May 2007

HELEN LLOYD COONAN

Minister for Communications, Information Technology and the Arts

_________________________________________________________

1                 Name of instrument

This instrument is the Telecommunications (Integrated Public Number Database – Permitted Research Purposes) Instrument 2007 (No. 1).

2                 Commencement

This instrument commences on the same day as Schedule 1 to the Telecommunications Amendment (Integrated Public Number Database) Act 2006.

1. Definitions

   In this instrument:

   Act means the Telecommunications Act 1997.

   candidate means a person who has been nominated as a candidate under:

   (a)     the Commonwealth Electoral Act 1918; or

   (b)    a law of a State or Territory that deals with electoral           matters.

   Commonwealth authority has the meaning given by section 7 of the Commonwealth Authorities and Companies Act 1997.

   electoral matter means a matter which is intended or likely   to affect voting in:

   (a)     an election under a law of the Commonwealth, or a law  of a State or Territory, relating to elections to a Parliament or to a local government authority; or

   (b)    a referendum under a law of the Commonwealth or a law of a State or Territory.

   local government authority means a local governing body established by or under a law of a State or a Territory.

   Parliament means:

   (a)     the Parliament of the Commonwealth; or

   (b)    a State Parliament; or

   (c)    the legislature of a Territory.

   political representative means:

   (a)     a member of a Parliament; or

   (b)    a councillor (however described) of a local government authority.

   prescribed FMA agency means a body, organisation or group mentioned in Schedule 1 to the Financial Management and Accountability Regulations 1997.

   registered political party means a political party, or a branch or division of a political party, that is registered under:

   (a)     the Commonwealth Electoral Act 1918; or

   (b)    a law of a State or Territory  that deals with electoral matters and provides for the registration of political parties.

   Territory does not include the Territory of Norfolk Island.

   4             Specification

   The following kinds of research are specified for the purposes of subparagraph 285(1A)(c)(iv) of the Act:

   (a)    research, or the compilation or analysis of statistics, relevant to public health, including epidemiological research, where the research is not conducted for a primarily commercial purpose;

   (b)    research regarding an electoral matter conducted by a registered political party, a political representative, a candidate in an election for a Parliament or a local government authority or a person on behalf of such a party, representative or candidate, where the research is not conducted for a primarily commercial purpose; and

   (c)    research conducted by or on behalf of the Commonwealth, a Commonwealth authority or a prescribed FMA agency  which will contribute to  the development of public policy, where the research is not conducted for a primarily commercial purpose.