Transport and Communications Legislation Amendment Act 1990 (Cth)
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENT OF THE AIR NAVIGATION ACT 1920
3. Principal Act
4. Regulations
PART 3—AMENDMENT OF THE AIR NAVIGATION (CHARGES) ACT
1952
5. Principal Act
6. Air navigation charges
PART 4—AMENDMENTS OF THE BROADCASTING ACT 1942
7. Principal Act
8. Interpretation
9. Special provisions relating to advertisements
PART 5—AMENDMENTS OF THE CIVIL AVIATION ACT 1988
10. Principal Act
11. Long title
12. Interpretation
TABLE OF PROVISIONS
Section
13. Functions of Authority
14. Insertion of new section:
9a. Performance of functions of Authority
15. Directions
16. Repeal of section and substitution of new section:
23a. Statements of the contents of cargo
17. Reimbursement of cost of complying with directions
18. Charges for services and facilities
19. Regulations etc.
PART 6—AMENDMENTS OF THE FEDERAL AIRPORTS CORPORATION ACT 1986
20. Principal Act
21. Performance of functions of Corporation
22. Extent of functions of Corporation
23. Reimbursement for financial detriment suffered as a result of declarations
24. Reimbursement of cost of complying with directions
PART 7—AMENDMENTS OF THE MOTOR VEHICLE STANDARDS ACT 1989
25. Principal Act
26. Interpretation
27. Procedures for testing vehicles
28. Repeal of section and substitution of new section:
10. Compliance plates
29. Powers of inspectors
30. Application for review
PART 8—AMENDMENTS OF THE NAVIGATION ACT 1912
31. Principal Act
32. Persons unsuitable for engagement
33. Insertion of new section:
386a. Abuse of alcohol and other drugs
PART 9—AMENDMENT OF THE PROTECTION OF THE SEA
(PREVENTION OF POLLUTION FROM SHIPS) ACT 1983
34. Principal Act
35. Evidence of analyst
PART 10—AMENDMENT OF THE SHIPS (CAPITAL GRANTS) ACT 1987
36. Principal Act
37. Interpretation
PART 11—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1989
38. Principal Act
39. Minister may give directions to AUSTEL
40. Insertion of new section:
114a. Disconnection of customer equipment for which there is no permit
41. Sale or supply of customer equipment for which there is no permit
42. Action for unauthorised connection to telecommunications network of customer equipment or customer cabling
43. Insertion of new section:
180a. AUSTEL may waive fees
44. Insertion of new section:
181a. Liability to taxation
TABLE OF PROVISIONS
Section
PART 12—AMENDMENTS OF OTHER ACTS
45. Amendments of other Acts
SCHEDULE
AMENDMENTS OF OTHER ACTS
[
The Parliament of Australia enacts:
(3) Section 8 commences:(a) on the day on which this Act receives the Royal Assent; or
(b) immediately after the commencement of the
Therapeutic Goods Act 1989;
whichever occurs later.
(8) Section 18 is taken to have commenced on 20 June 1990.
(9) Section 23 is taken to have commenced on 1 July 1990.
(12) Section 44 is taken to have commenced on 1 July 1989.
(a) the amendment of the
Australian Airlines (Conversion to Public Company) Act 1988 is taken to have commenced immediately after the commencement of subsection 69 (2) of that Act;(b) the amendment of the
Civil Aviation Amendment Act 1990 is taken to have commenced immediately after the commencement of section 42 of that Act;(c) the amendment of the
Federal Airports Corporation Amendment Act 1990 is taken to have commenced immediately after the commencement of section 42 of that Act;(d) the amendment of the
Protection of the Sea Legislation Amendment Act 1986 is taken to have commenced immediately after the commencement of subsection 20 (2) of that Act;(e) each amendment of a provision of, or an item in a Schedule
to, the
Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments) Act 1989 is taken to have commenced immediately after the commencement of the provision, or item, concerned.
3. In this Part,“Principal Act” means theAir Navigation Act 1920 1 .
“(2) Where a charge under this Act is not paid within 28 days, or such other period as is prescribed, after the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Commonwealth, in addition to the charge, a penalty.
“(2a) The penalty is to be calculated upon the unpaid amount of the charge at the rate of:
(a) 1.5% for each month or part of a month; or
(b) such other percentage as is prescribed for such period, or part of such period, as is prescribed;
during which it is unpaid, calculated from the day on which the charge became due and payable, and compounded.”.
7. In this Part,“Principal Act” means theBroadcasting Act 1942 3 .
“
“(7) The Secretary to the Department of Community Services and Health may, by signed instrument, delegate his or her power under this section to approve the text of an advertisement to:
(a) a medical officer of a State; or
(b) the Proprietary Medicines Association of Australia or any other body:
(i) carrying out, or associated with, research into medicines; or
(ii) formed to represent the interests of manufacturers or distributors of medicines.”.
(2) A delegation by the Secretary to the Department of Community Services and Health to a medical officer of a State, under subsection 100 (7) of the Principal Act, that was in force immediately before the commencement of this section is taken, after that commencement, to have been made under subsection 100 (7) of the Principal Act as amended by this Act.
10. In this Part,“Principal Act” means theCivil Aviation Act 1988 4 .
13. Section 9 of the Principal Act is amended:(a) by inserting after subsection (1) the following subsection:
“(1a) The functions include carrying out activities to protect the environment from the effects of, and the effects associated with, the operation and use of aircraft (other than state aircraft):
(a) in the course of trade and commerce with other countries, or among the States; or
(b) in the course of, or for the purposes of, the provision of services by a trading corporation (within the meaning of paragraph 51 (xx) of the Constitution); or
(c) by foreign corporations (within the meaning of that paragraph); or
(d) in a Territory, between Territories or between a Territory and a State; or
(e) in journeys to or from places that have been acquired by the Commonwealth for public purposes; or
(f) that are:
(i) in the possession or under the control of the Commonwealth or an authority of the Commonwealth; or
(ii) being used wholly or principally for a purpose of the Commonwealth.”;
(b) by inserting in subsection (4) “, and the function referred to in subsection (1a),” after “facilities”.
“9a. The Authority must endeavour to perform its functions, other than its regulatory functions, in a manner that ensures that, as far as is practicable, the environment is protected from the effects of, and the effects associated with, the operation and use of aircraft (other than state aircraft).”.
15. Section 12 of the Principal Act is amended:
(a) by inserting in subsection (1) “or the exercise of its powers” after “functions”;
(b) by adding at the end the following subsection:“(4) The Authority must comply with a direction given under subsection (1).”.
“23a. (1) The regulations may require a person who, in the circumstances specified in the regulations, consigns for carriage any cargo on board an aircraft to make a statement, of a kind specified in the regulations, concerning the contents of the cargo.
“(2) A person must not consign for carriage any cargo on board an aircraft, in circumstances in which regulations made for the purposes of subsection (1) require a statement to be made, unless:
(a) the cargo is accompanied by; or
(b) the person responsible for delivery of the cargo has been given;
a statement that complies with the regulations made for the purposes of that subsection.
Penalty: $3,000.
“(3) A person must not, in purported compliance with the requirements of regulations made for the purposes of subsection (1), knowingly or recklessly make a statement that is false or misleading in a material particular.
Penalty: Imprisonment for 2 years.”.
“(3) This section does not apply to a direction of the Minister:
(a) that requires the Authority to carry out activities to protect the environment from the effects of, or the effects associated with, the operation and use of aircraft; or
(b) made under section 47 or 56.”.
18. Section 66 of the Principal Act is amended:(a) by omitting from subsection (4) “it” and substituting “the proposed determination”;
(b) by omitting from paragraph (6) (b) “Authority” and substituting “Board”;
(c) by omitting from subsection (6b) “Authority” and substituting “Board”.
19. Section 98 of the Principal Act is amended:
(a) by omitting from paragraph (3) (o) “and”;
(b) by adding at the end of subsection (3) the following word and paragraph:“; and (q) enabling a person who is alleged to have contravened a specified provision of the regulations to pay to the Authority, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one-fifth of the maximum penalty prescribed for contravening that provision.”.
“(ca) ensures that, as far as is practicable, the environment is protected from the effects of, and the effects associated with, the operation and use of aircraft (other than state aircraft within the meaning of the
Civil Aviation Act 1988 ) operating to or from Federal airports;”.
“(da) carrying out activities to protect the environment from the effects of, and the effects associated with, the operation and use of aircraft (other than state aircraft within the meaning of the
Civil Aviation Act 1988 ) operating to or from Federal airports;”.
24. Section 42 of the Principal Act is amended:(a) by omitting from subsection (1) “Where” and substituting “Subject to subsection (1a), where”;
(b) by omitting from subsection (1) “other than a direction the notice of which stated that the direction is in accordance with the general policy of the Commonwealth Government,”;
(c) by inserting after subsection (1) the following subsection:
“(1a) Subsection (1) does not apply to a direction given under subsection 41 (2):
(a) the notice of which stated that the direction is in accordance with the general policy of the Commonwealth Government; or
(b) that requires the Corporation to carry out activities to protect the environment from the effects of, or the effects associated with, the operation and use of aircraft operating to or from Federal airports.”.
“
(a) in the case of a road vehicle in respect of which the Minister has given an approval under subsection 10 (2)—not complying with the national standards, other than in the minor and inconsequential respects to which the approval relates; or
(b) in any other case—not complying with the national standards;”.
27. Section 9 of the Principal Act is amended:
(a) by inserting after paragraph (1) (b) the following paragraph:“(ba) the testing and inspection of materials, machinery, appliances, articles or facilities used in the manufacture of road vehicles or vehicle components; or”;
(b) by omitting from paragraph (1) (c) “such testing and inspection” and substituting “testing and inspection referred to in paragraph (a) or (ba)”.
“10. (1) The regulations are to provide for arrangements under which plates are to be placed on road vehicles to indicate that:
(a) the vehicles comply with the national standards; or
(b) approval has been given under subsection (2) for plates to be placed on the vehicles.
“(2) If a vehicle does not comply with the national standards, but the Minister is satisfied that it is only in minor and inconsequential respects that the vehicle fails so to comply, the Minister may give written approval for plates to be placed on the vehicle.
“(3) Approvals under subsection (2) may be subject to written conditions determined by the Minister.”.
“(aa) a decision of the Minister under section 10; and”.
31. In this Part,“Principal Act” means theNavigation Act 1912 7 .
32. (1) Section 47 of the Principal Act is amended:
(a) by omitting from subsection (3) “prescribed principles” and substituting “such rules and principles as are prescribed”;
(b) by inserting after subsection (3) the following subsection:“(4) Regulations made for the purposes of subsection (3) may prescribe that, if it is established that the character of a person is such, or the conduct of a person has been such, as is specified
in the regulations, the Marine Council must determine that the person is unsuitable for engagement as a seaman.”.
“386a. (1) If a master or seaman is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person’s capacity to carry out the person’s duties as master or seaman is impaired, the person is guilty of an offence.
Penalty: Imprisonment for 12 months.
“(2) If:
(a) a master or seaman is, while on board a ship, under the influence of alcohol or any other drug (whether medicinal or otherwise) to such an extent that the person’s capacity to carry out the person’s duties as master or seaman is impaired; and
(b) the impairment causes or contributes to:
(i) the loss or destruction of, or damage to, the ship, its cargo or equipment; or
(ii) the loss or destruction of, or damage to, another ship, its cargo or equipment; or
(iii) death or injury to another person;
the person is guilty of an offence.
Penalty: Imprisonment for 2 years.”.
35. Section 31 of the Principal Act is amended:(
a ) by omitting subsection (2) and substituting the following subsection:“(2) Subject to subsection (4), a certificate signed by an
analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following:
(a) when and from whom the substance was received;
(b) what labels or other means of identifying the substance accompanied it when it was received;
(c) what container the substance was in when it was received;
(d) a description of the substance received;
(e) that he or she has analysed or examined the substance;
(f) the date on which the analysis or examination was carried out;
(g) the method used in conducting the analysis or examination;
(h) the results of the analysis or examination;
is admissible in any proceeding for an offence against a provision of this Act as
prima facie evidence of the matters in the certificate and the correctness of the results of the analysis or examination.”;(
b ) by adding at the end the following subsection:“(6) Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 5 days notice of the person’s intention to require the analyst to be so called; or
(b) the Court, by order, allows the person to require the analyst to be so called.”.
“
(a) that is used; or
(b) that is in the course of construction and is intended to be used;
wholly or primarily in navigation by water, however propelled or moved, and includes:
(c) a barge, lighter or other floating vessel; or
(d) an air-cushion vehicle, or similar craft; or
(e) an off-shore industry mobile unit (within the meaning of the
Navigation Act 1912 );
but does not include an off-shore industry mobile unit (within the meaning of that Act) that is not self-propelled;
“114a. Where:
(a) a person has under his or her control customer equipment connected to a telecommunications network; and
(b) there is no permit in force for connection of the customer equipment to a telecommunications network; and
(c) AUSTEL gives to the person a written notice stating that:
(i) there is no permit in force for the connection of the customer equipment to a telecommunications network; and
(ii) the person must disconnect the customer equipment from any telecommunications network to which it is connected within 7 days, or such longer period as is specified in the notice, after the notice is given;
the person is guilty of an offence if he or she fails to comply with the notice.
Penalty: $12,000.”.
42. Section 143 of the Principal Act is amended:
(a) by inserting after subparagraph (1) (a) (ii) the following subparagraph:“(iia) has under his or her control customer equipment connected to a telecommunications network that, contrary to section 114a, has not been disconnected from the network;”;
(b) by omitting paragraph (1) (b) and substituting the following paragraph:“(b) as a result of:
(i) the connection of the customer equipment or customer cabling to the network; or
(ii) the customer equipment or customer cabling being used while it was so connected; or
(iii) the customer equipment not being disconnected from the network; or
(iv) the customer equipment being used after it was required to be disconnected from the network;
damage is caused to the network, or the carrier operating the network suffers a loss or incurs a liability;”.
“180a. AUSTEL may, in its discretion, on behalf of the Commonwealth, wholly or partly waive a fee that would otherwise be payable by a person under section 4 of the
“181a. (1) Subject to subsection (2), AUSTEL is not subject to taxation under a law of the Commonwealth or of a State or Territory and, in particular, is not subject to sales tax.
“(2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.”.
SCHEDULE Section 45
AMENDMENTS OF OTHER ACTS
Omit
Omit “by the Authority” (first occurring), substitute “under the
Omit “17 (1) (a)”, substitute “17 (1) (b)”.
Omit “and” (first occurring), substitute “and,”.
Add at the end “(first occurring)”.
Omit “officer”, substitute “employee”.
Omit “
Omit “
1. No. 50, 1920, as amended. For previous amendments, see No. 93, 1936; Nos. 6 and 89, 1947; No. 80, 1950; No. 39, 1960; No. 72, 1961; No. 8, 1963; No. 93, 1966; No. 79, 1971; Nos. 130 and 216, 1973; No. 124, 1974; No. 91, 1977; No. 19, 1979; No. 27, 1980; No. 80, 1982; No. 39, 1983; Nos. 69 and 108, 1984; No. 69, 1986; No. 63, 1988; Nos. 6 and 45, 1989; and No. 23, 1990.
2. No. 101, 1952, as amended. For previous amendments, see No. 87, 1957; No. 49, 1960; No. 78, 1962; No. 97, 1963; No. 95, 1964; Nos. 107 and 125, 1965; No. 48, 1966; No. 79, 1967; No. 84, 1968; No. 75, 1969; No. 105, 1970; No. 100, 1972; No. 179, 1973; No. 114, 1974; Nos. 5 and 124, 1976; No. 176, 1978; No. 142, 1979; No. 138, 1980; No. 123, 1981; Nos. 77 and 80, 1982; No. 107, 1984; Nos. 76 and 168, 1986; Nos. 57 and 63, 1988; and No. 29, 1989.
3. No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No. 64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33, 65 and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82, 1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47, 1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49, 1972; Nos. 50 and 216 1973; No. 55, 1974; No. 56, 1975; Nos. 89, 157 and 187, 1976; No. 160, 1977; Nos. 36, 52 and 210, 1978; Nos. 143 and 177, 1980; Nos. 61, 113 and 153, 1981; No. 154, 1982; Nos. 7, 37, 39, 91 and 136, 1983; Nos. 10, 63, 72, 163 and 165, 1984; Nos. 66 and 191, 1985; Nos. 2 and 76, 1986; Nos. 68, 79, 80, 134 and 184, 1987; Nos. 56, 99, 109, 146 and 147, 1988; Nos. 29, 31 and 63, 1989; and No. 23, 1990.
4. No. 63, 1988, as amended. For previous amendments, see No. 55, 1988; Nos. 6 and 21, 1989; and No. 25, 1990.
5. No. 4, 1986, as amended. For previous amendments, see Nos. 55, 57, 63, 99 and 150, 1988; Nos. 6 and 21, 1989; and No. 26, 1990.
6. No. 65, 1989, as amended. For previous amendments, see No. 23, 1990.
7. No. 4, 1913, as amended. For previous amendments, see No. 32, 1919; No. 1, 1921; No. 8, 1925; No. 8, 1926; No. 49, 1934; No. 30, 1935; No. 1, 1943; No. 80, 1950; No. 109, 1952; No. 96, 1953; No. 46, 1956; No. 36, 1958; No. 96, 1961; No. 1, 1965; No. 93, 1966; No. 60, 1967; No. 62, 1968; Nos. 1 and 117, 1970; No. 28, 1972; No. 216, 1973; Nos. 92 and 157, 1976; Nos. 97 and 155, 1979; Nos. 70 and 87, 1980; Nos. 10, 36, 61 and 74, 1981; No. 80, 1982; Nos. 39, 40, 84 and 136, 1983; No. 72, 1984; Nos. 65 and 193, 1985; Nos. 76, 132, 163 and 167, 1986; No. 141, 1987; Nos. 34, 57, 87, 99 and 127, 1988; Nos. 6 and 63, 1989; and No. 23, 1990.
8. No. 41, 1983, as amended. For previous amendments, see No. 72, 1984; No. 65, 1985; Nos. 81 and 167, 1986; No. 141, 1987; Nos. 57 and 99, 1988; No. 6, 1989; and No. 23, 1990.
9. No. 74, 1987, as amended. For previous amendments, see No. 6, 1989; and No. 23, 1990.
10. No. 53, 1989, as amended. For previous amendments, see No. 23, 1990.
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House of Representatives on 7 November 1990
Senate on 15 November 1990
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