Communications Legislation (Spent and Redundant Instruments) Instrument of Repeal (No. 1) 2014

Administered by Department of Communications and the Arts

Legislation au F2014L00953 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Australian Communications and Media Authority Act 2005

Broadcasting Services Act 1992

Radiocommunications Act 1992

Acts Interpretation Act 1901

 

Communications Legislation (Spent and Redundant Instruments) Instrument of Repeal (No. 1) 2014

 

Issued by the authority of the Minister for Communications

 

Purpose

 

During a stocktake of portfolio regulation undertaken as part of the Government’s deregulation agenda, a number of instruments administered by the Minister for Communications have been identified as spent or otherwise redundant.  These instruments are being revoked.

 

Removing spent or unnecessary instruments reduces costs incurred by business in understanding and complying with outdated regulatory requirements and is part of a range of better regulation initiatives being taken forward by the Government to improve the quality of regulatory stock and ensure regulation does not impose unnecessary costs and inefficiencies on business.

 

Details of the redundant instruments are set out below.

 

Australian Communications and Media Authority Act 2005

 

  • Australian Communications and Media Authority (Annual Carrier Licence Charge) Direction 2011

 

This Direction was made by the Minister for Broadband, Communications and the Digital Economy under subsection 14(1) of the Australian Communications and Media Authority Act 2005. The Direction required the Australian Communications and Media Authority (ACMA) to make determinations under subsection 14(1) of the Telecommunications (Carrier Licence Charges) Act 1997.  The effect of the determination was the removal of the annual carrier licence charge for a licence held by a carrier that was a ‘Universal Service Obligation non-participating person’ pursuant to the Telecommunications (Participating Persons) Determination 2011 (No.1) for the eligible revenue period immediately preceding that financial year. This Direction is now redundant and has been superseded by the Australian Communication and Media Authority (Annual Carrier Licence Charge) Direction 2013.

 

 

 

  • Protecting Australian Families Online Direction No. 1 of 2007

 

This Direction was made by the Minister for Communications, Information Technology and the Arts under subsection 14(1) of the Australian Communications and Media Authority Act 2005. The purpose of the direction was to allow the ACMA to conduct a trial of commercial Internet Service Provider (ISP) products in order to research the capacity of available technology to filter illegal or inappropriate internet content at the ISP level and the advances made since previous trials of filter technology were carried out. The ACMA was required to deliver a report on the findings of the trial to the Minister for Communications, Information Technology and the Arts by no later than 30 June 2008. The Direction is now spent because the report was completed by the ACMA and provided to the Government in June 2008.

 

Broadcasting Services Act 1992

 

  • Protecting Australian Families Online Direction No. 2 of 2007

 

This Direction was made by the Minister for Communications, Information Technology and the Arts under section 171 of the Broadcasting Services Act 1992. The Direction required the ACMA to investigate developments in Internet content filtering technologies and other safety initiatives for the internet. The ACMA was required to report its findings to the Minister for Communications, Information Technology and the Arts by 31 December 2007, and by the anniversary of that date in each subsequent year until 31 December 2009. The Direction is now spent given that the final date for reporting in the Direction has expired.

 

Radiocommunications Act 1992

 

  • Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2007

 

This Direction was made by the Minister for Communications, Information Technology and the Arts acting under subsection 106(9) of the Radiocommunications Act 1992. The Direction revoked the Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2001 and also directed the ACMA to revoke the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001. The Direction is now spent because the ACMA has complied with its terms and its function has been fulfilled.

 

  • Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005

 

This Declaration was made by the Minister for Communications, Information Technology and the Arts under subsection 153B (1) of the Radiocommunications Act 1992. Under that subsection, the Minister may issue a spectrum reallocation declaration in order to determine parts of the spectrum that are subject to re-allocation, which may be re-allocated by issuing spectrum or apparatus licences. The Declaration specified a spectrum reallocation period for spectrum ranging from 2100 MHz to 2025 MHz. This Declaration was automatically revoked on 1 January 2007 due to the operation of section 153K of the Radiocommunications Act, as no licences were allocated before the re-allocation deadline expired. It is to be repealed for the avoidance of doubt.

 

Authority

 

The instrument of revocation is made in accordance with subsection 33(3) of the Acts Interpretation Act 1901, under the provisions of the Acts that are specified in Columns 1 and 2 of the Table in the Schedule to the instrument.

 

Consultation

 

The Department of Communications consulted with the ACMA on repealing the spent and redundant instruments.


 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Communications Legislation (Spent and Redundant Instruments) Instrument of Repeal (No. 1) 2014

 

Overview of the Instrument

The purpose of the Legislative Instrument is to repeal spent and redundant instruments administered by the Minister for Communications. These instruments are being repealed as part of the Government’s deregulation agenda to improve the quality of regulatory stock and ensure regulation does not impose unnecessary costs and inefficiencies on business.

Human rights implications

This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act. 

It does not engage any of the applicable rights or freedoms and does not raise any human rights issues.

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Notes on clauses

 

Clause 1 – Name of instrument

 

Clause 1 provides that the name of the instrument is Communications Legislation (Spent and Redundant Instruments) Instrument of Repeal (No.1) 2014.

 

Clause 2 - Commencement

 

Clause 2 provides that the revocation instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Clause 3 - Definitions

 

Clause 3 provides definitions for the terms that are relied on in the Schedule to the instruments.

 

Clause 4 – Repeal

 

Clause 4 provides for the repeal of the instruments specified in Column 3 of the Table in the Schedule to the instrument.

 

Clause 5 – Expiry

 

Clause 5 provides that the revocation instrument expires on the day after it commences.

 

Schedule

 

The Table in the Schedule lists the provisions (Column 1) of the Acts (Column 2) under which each instrument (Column 3) is revoked.

 

Overview

The Communications Legislation (Spent and Redundant Instruments) Instrument of Repeal (No. 1) 2014 was enacted to address the issue of outdated and unnecessary regulatory requirements within the communications sector. This instrument, issued by the authority of the Minister for Communications, is part of the government’s deregulation agenda aimed at improving the quality of regulatory stock and ensuring that regulation does not impose unnecessary costs and inefficiencies on business. The instrument repeals several spent and redundant instruments administered by the Minister for Communications, including directions and declarations under the Australian Communications and Media Authority Act 2005, the Broadcasting Services Act 1992, and the Radiocommunications Act 1992. The objective is to remove outdated regulatory instruments, thereby reducing compliance costs for businesses and improving the overall regulatory framework.

Scope and Application

The Communications Legislation (Spent and Redundant Instruments) Instrument of Repeal (No. 1) 2014 aims to remove outdated or unnecessary regulatory instruments administered by the Minister for Communications as part of the Government’s deregulation agenda. This legislative instrument seeks to improve the quality of regulatory stock and reduce unnecessary costs and inefficiencies imposed on businesses. The repeal includes various directions and declarations under the Australian Communications and Media Authority Act 2005, Broadcasting Services Act 1992, and Radiocommunications Act 1992. These instruments have become spent or redundant due to the completion of their objectives or the operation of specific provisions within the Acts, such as automatic revocation upon the expiration of a set period. The instrument revokes these spent and redundant instruments to ensure the regulatory framework remains efficient and relevant. The repeal does not extend or restrict application through subordinate instruments, and it is compatible with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The primary focus of the Communications Legislation (Spent and Redundant Instruments) Instrument of Repeal (No. 1) 2014 is to remove various redundant regulatory requirements that have been identified during a stocktake of portfolio regulation. The operative sections of this Instrument, particularly Clause 4, specify the repeal of several directions and declarations that have fulfilled their function or are no longer relevant (Clause 4). These include the Australian Communications and Media Authority (Annual Carrier Licence Charge) Direction 2011, Protecting Australian Families Online Direction No. 1 of 2007, Protecting Australian Families Online Direction No. 2 of 2007, Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2007, and Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005. The repeal is intended to streamline regulatory requirements, reduce unnecessary costs for businesses, and enhance the quality of regulatory stock. The Instrument imposes obligations on the Australian Communications and Media Authority (ACMA) and the Minister for Communications to ensure that the specified instruments are revoked once they are deemed spent or redundant. For example, the ACMA is required to conduct trials, investigations, and deliver reports as stipulated in the now-repealed Directions. Similarly, the Minister must ensure that these Directions and Declarations are repealed when they have served their purpose or have become obsolete. The Instrument also mandates that the revocation of these instruments is to be carried out in accordance with the provisions of the Acts Interpretation Act 1901, ensuring that the repeal process is legally sound and properly executed. There are no explicit offences or penalties mentioned in the Instrument for failing to comply with the repeal provisions, as the focus is on the administrative and procedural aspects of repealing spent and redundant instruments. However, non-compliance with the repealed regulations themselves could potentially lead to civil or criminal consequences depending on the specific provisions of the original Acts. The repeal of these instruments is part of broader regulatory reform efforts to ensure that businesses are not burdened by outdated or unnecessary regulatory requirements. The revocation of these instruments is also intended to align with the Government’s deregulation agenda, ensuring that regulation does not impose unnecessary costs and inefficiencies on business operations.

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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.