Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2007A00178 In force Act

Legislation content

 

 

 

 

 

 

Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007

 

No. 178, 2007

 

 

 

 

 

An Act to amend the law relating to communications, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Disclosure by ACMA officials

Division 1—Amendments commencing on the day after Royal Assent

Australian Communications and Media Authority Act 2005

Division 2—Amendment with contingent commencement

Australian Communications and Media Authority Act 2005

Part 2—Datacasting

Division 1—Varying conditions of datacasting transmitter licences

Radiocommunications Act 1992

Division 2—Datacasting charge

Datacasting Charge (Imposition) Act 1998

 

 

 

Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007

No. 178, 2007

 

 

 

An Act to amend the law relating to communications, and for related purposes

[Assented to 28 September 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

28 September 2007

2.  Schedule 1, Part 1, Division 1

The day after this Act receives the Royal Assent.

29 September 2007

3.  Schedule 1, Part 1, Division 2

The later of:

(a) immediately after the start of the day after this Act receives the Royal Assent; and

(b) the time item 77 of Schedule 1 to the Communications Legislation Amendment (Content Services) Act 2007 commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

20 January 2008

(paragraph (b) applies)

4.  Schedule 1, Part 2

The day after this Act receives the Royal Assent.

29 September 2007

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

Part 1—Disclosure by ACMA officials

Division 1—Amendments commencing on the day after Royal Assent

Australian Communications and Media Authority Act 2005

1  Section 3

Insert:

ACMA official means:

 (a) a member; or

 (b) an associate member; or

 (c) a member of the ACMA staff; or

 (d) a person whose services are made available to the ACMA under subsection 55(1).

2  Section 3

Insert:

authorised disclosure information means:

 (a) 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 any of its powers; or

 (b) information that was obtained by the ACMA as a result of the exercise of any of its powers under:

 (i) Part 2, 5, 7 or 13 of the Broadcasting Services Act 1992; or

 (ii) Chapter 3, 5 or 6 of the Radiocommunications Act 1992; or

 (iii) Part 3, 6, 21, 26 or 27 of the Telecommunications Act 1997; or

 (iv) Schedule 3A to the Telecommunications Act 1997; or

 (v) Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

 (c) information that was obtained by the ACMA as a result of the exercise of powers under a provision that:

 (i) allows the ACMA or an ACMA official to require a person to give information or to produce a document; and

 (ii) is a provision of an Act or a legislative instrument; and

 (iii) is not a provision described in paragraph (b); or

 (d) information that was given in confidence to the ACMA by a government authority of a foreign country.

3  After Part 7

Insert:

Part 7A—Disclosure of information

 

59A  Disclosure to Ministers

 (1) An ACMA official may disclose authorised disclosure information to the Minister.

 (2) An ACMA official may disclose to a Minister authorised disclosure information that relates to a matter arising under a provision of an Act that is administered by that Minister.

 (3) Subsection (2) does not limit subsection (1).

59B  Disclosure to public servants for advising their Ministers

 (1) For the purpose of advising the Minister, an ACMA official may disclose authorised disclosure information to:

 (a) the Secretary of the Department; or

 (b) an APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this subsection.

 (2) For the purpose of advising a Minister administering a particular provision of an Act, an ACMA official may disclose authorised disclosure information relating to a matter arising under that provision to:

 (a) the Secretary of the Department that is administered by that Minister; or

 (b) an APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection.

 (3) Subsection (2) does not limit subsection (1).

59C  Disclosure to Royal Commissions

 (1) An ACMA official may disclose authorised disclosure information to a Royal Commission (within the meaning of the Royal Commissions Act 1902).

 (2) The Chair may, by writing, impose conditions to be complied with in relation to authorised disclosure information disclosed under subsection (1).

 (3) An instrument made under subsection (2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.

 (4) Otherwise, an instrument made under subsection (2) is a legislative instrument.

59D  Disclosure to certain authorities

 (1) An ACMA official authorised by the Chair, in writing, for the purposes of this section may disclose authorised disclosure information to any of the following authorities if the Chair is satisfied that the information will enable or assist the authority to perform or exercise any of its functions or powers:

 (a) the Australian Bureau of Statistics;

 (b) the Australian Competition and Consumer Commission;

 (c) the Australian Prudential Regulation Authority;

 (d) the Australian Securities and Investments Commission;

 (e) the Commissioner of Taxation;

 (f) the Secretary of the Department administered by the Minister administering the Foreign Acquisitions and Takeovers Act 1975 or an APS employee in that Department whose duties relate to that Act;

 (g) the Secretary of the Department administered by the Minister administering the Classification (Publications, Films and Computer Games) Act 1995 or an APS employee in that Department whose duties relate to that Act;

 (h) the Secretary of the Department administered by the Minister administering the Telecommunications (Interception and Access) Act 1979 or an APS employee in that Department whose duties relate to telecommunications or law enforcement;

 (i) the Australian Federal Police;

 (j) the Director of Public Prosecutions;

 (k) the Australian Security Intelligence Organisation;

 (l) an authority of a State or Territory responsible for enforcing one or more laws of the State or Territory;

 (m) the Regional Telecommunications Independent Review Committee;

 (n) the Telecommunications Industry Ombudsman;

 (o) an authority of a foreign country responsible for regulating matters relating to communications or media (including, for example, matters relating to broadcasting or the Internet).

 (2) The Chair may, by writing, impose conditions to be complied with in relation to authorised disclosure information disclosed under subsection (1).

 (3) An instrument made under subsection (2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.

 (4) Otherwise, an instrument made under subsection (2) is a legislative instrument.

59E  Disclosure with consent

  An ACMA official may disclose authorised disclosure information that relates to the affairs of a person if:

 (a) the person has consented to the disclosure; and

 (b) the disclosure is in accordance with that consent.

59F  Disclosure of publicly available information

  An ACMA official may disclose authorised disclosure information if it is already publicly available.

59G  Disclosure of summaries and statistics

  An ACMA official may disclose:

 (a) summaries of authorised disclosure information that are not likely to enable the identification of a person; and

 (b) statistics derived from authorised disclosure information that are not likely to enable the identification of a person.

59H  Disclosure authorised by regulations

 (1) The regulations may:

 (a) authorise an ACMA official to disclose authorised disclosure information in specified circumstances; and

 (b) provide that the Chair may, by writing, impose conditions to be complied with in relation to the disclosure of authorised disclosure information in those circumstances.

 (2) An instrument made under regulations made for the purposes of paragraph (1)(b) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.

 (3) Otherwise, an instrument made under regulations made for the purposes of paragraph (1)(b) is a legislative instrument.

59J  This Part does not limit disclosure by ACMA official

  This Part does not limit the circumstances in which an ACMA official is authorised to disclose information.

59K  Relationship with Part 13 of the Telecommunications Act 1997

  This Part does not authorise a disclosure of information that is prohibited by Part 13 of the Telecommunications Act 1997.

Note: Subsection 299(1) (in Part 13) of the Telecommunications Act 1997 prohibits an ACMA official who has received information as described in that subsection from disclosing the information, except in certain circumstances.

59L  Delegation of Chair’s powers under this Part

 (1) The Chair may, by writing, delegate to a member any or all of the Chair’s functions and powers under:

 (a) this Part; or

 (b) regulations made for the purposes of section 59H.

 (2) In performing a function, or exercising a power, delegated under subsection (1), the delegate must comply with any directions of the Chair.

4  Application of Part 7A

Part 7A of the Australian Communications and Media Authority Act 2005 applies to the disclosure of information on and after the commencement of that Part, whether the information was given to, or obtained by, ACMA before, on or after that commencement.

Division 2—Amendment with contingent commencement

Australian Communications and Media Authority Act 2005

5  Section 3 (after subparagraph (b)(ii) of the definition of authorised disclosure information)

Insert:

 (iia) Schedule 7 to the Broadcasting Services Act 1992; or


Part 2—Datacasting

Division 1—Varying conditions of datacasting transmitter licences

Radiocommunications Act 1992

6  Paragraph 111(1)(d)

Omit “or a datacasting transmitter licence”.

7  At the end of paragraph 111(1)(d)

Add “or 109A(1)(d)”.

Division 2—Datacasting charge

Datacasting Charge (Imposition) Act 1998

8  Paragraph 6(a)

After “licence”, insert “, other than one that is a channel B datacasting transmitter licence for the purposes of the Radiocommunications Act 1992,”.

9  Application of amendment

The amendment of the Datacasting Charge (Imposition) Act 1998 made by this Division applies to the financial year starting on 1 July 2007 and later financial years.

 

 

 [Minister’s second reading speech made in—

House of Representatives on 20 June 2007

Senate on 17 August 2007]

(116/07)

 

Overview

The Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007, enacted by the Parliament of Australia, addresses gaps and problems in the existing communications framework, particularly concerning the sharing of information by officials of the Australian Communications and Media Authority (ACMA) and the regulation of datacasting services. The Act aims to enhance the effectiveness of communications regulation by allowing authorised ACMA officials to share sensitive information with government ministers and other specified authorities to aid in the administration of relevant laws. Additionally, it seeks to streamline the regulation of datacasting services by modifying the conditions under which datacasting transmitter licences are issued and by adjusting the datacasting charge structure. The Act ensures that ACMA officials can share information in a controlled manner while maintaining the confidentiality required for sensitive communications data. The legislative amendments introduced by this Act are designed to improve the coordination and enforcement of communications laws across various sectors.

Scope and Application

The Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007 amends the existing Australian Communications and Media Authority Act 2005 to allow certain officials of the Australian Communications and Media Authority (ACMA) to disclose authorised disclosure information to various entities, including Ministers, public servants for the purpose of advising Ministers, Royal Commissions, specific Australian and foreign authorities, and others with the consent of the relevant person or where the information is already publicly available. This Act also provides for the disclosure of summaries, statistics, and other information as authorised by regulations. The Act further amends the Radiocommunications Act 1992 by varying the conditions of datacasting transmitter licences and modifying the Datacasting Charge (Imposition) Act 1998 to exclude channel B datacasting transmitter licences from the charge for financial years starting on or after 1 July 2007. The provisions of the Act apply to the disclosure of information on and after the commencement of the relevant Part, regardless of when the information was given to, or obtained by, ACMA. The Act applies to ACMA officials, which include members, associate members, staff members, and those whose services are made available to ACMA, as well as the information obtained or given to ACMA in connection with its functions or powers. The amendments to the Radiocommunications Act 1992 and Datacasting Charge (Imposition) Act 1998 apply to the varying conditions of datacasting transmitter licences and the imposition of datacasting charges, respectively. The Act’s application extends to Commonwealth jurisdiction, and it does not limit existing disclosure provisions or those prohibited by Part 13 of the Telecommunications Act 1997. The Act’s application may be further extended or restricted through subordinate instruments such as regulations or legislative instruments.

Key Provisions

The Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007 (Act) makes several key amendments to existing communications legislation, primarily focusing on the disclosure of information by the Australian Communications and Media Authority (ACMA) officials and the regulation of datacasting services. Under section 3 of the Act, it amends the Australian Communications and Media Authority Act 2005 to define what constitutes an ACMA official and authorised disclosure information. Authorised disclosure information is broadly defined as information obtained or given in confidence to the ACMA in connection with its functions or powers, or by exercising specific statutory powers. ACMA officials are permitted to disclose authorised disclosure information under certain conditions, including disclosures to Ministers (section 59A), public servants for advising Ministers (section 59B), Royal Commissions (section 59C), certain authorities (section 59D), with consent of the person the information relates to (section 59E), as publicly available information (section 59F), summaries and statistics that do not enable identification of a person (section 59G), and as authorised by regulations (section 59H). The Act imposes obligations on ACMA officials to ensure that any disclosure of authorised disclosure information complies with the conditions set out in the Act or by the ACMA Chair. It also places a responsibility on the Chair of the ACMA to oversee the disclosure process and to impose conditions as necessary to protect sensitive information. The Act further amends the Radiocommunications Act 1992 to modify the conditions of datacasting transmitter licences by omitting references to datacasting and adjusting certain provisions to exclude datacasting from specific regulatory frameworks. Additionally, the Act amends the Datacasting Charge (Imposition) Act 1998 to exclude channel B datacasting transmitter licences from the scope of the datacasting charge, applying this amendment from the financial year starting on 1 July 2007. Breaches of the provisions outlined in the Act may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, unauthorised disclosure of information that is considered confidential or sensitive could result in legal action against the ACMA official or the entity they are affiliated with. The specific penalties for breaches are not detailed within the Act itself but would be determined under the relevant laws governing the disclosure of information and the regulation of telecommunications services. Penalties can range from fines to imprisonment, reflecting the seriousness with which the law treats unauthorised disclosures and regulatory non-compliance.

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Communications Law
Information Technology Law
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Act
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Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.