EXPLANATORY STATEMENT
Australian Communications and Media Authority Act 2005
Broadcasting Services Act 1992
Radiocommunications Act 1992
Telecommunications Act 1997
Telecommunications (Consumer Protection and Service Standards) Act 1999
Telstra Corporation Act 1991
Acts Interpretation Act 1901
Communications (Redundant Regulation) Instrument of Revocation (No. 1) 2009
Issued by the authority of the Minister for Broadband, Communications
and the Digital Economy
Background
During a comprehensive stocktake of Commonwealth regulation conducted by all Commonwealth agencies in 2008, a number of instruments which are administered by the Minister for Broadband, Communications and the Digital Economy were identified as redundant. These instruments are being revoked.
Removing redundant regulation reduces costs incurred by business in understanding and complying with outdated regulatory requirements and is part of a range of better regulation initiatives being taken forward by the Government to improve the quality of regulatory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 regulations are set out below.
Australian Communications and Media Authority (Telemarketing Industry Standard) Direction No. 1 of 2007
The Australian Communications and Media Authority (Telemarketing Industry Standard) Direction No. 1 of 2007 (the ACMA Telemarketing Direction), which was made by the Minister for Communications, Information Technology and the Arts on 4 April 2007 under subsection 14(1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act), required the Australian Communications and Media Authority (the ACMA) to consider whether to exercise its power in section 130 of the Telecommunications Act 1997 to vary the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007 (the Telemarketing Industry Standard) so as to remove the prohibition on making research calls on a Sunday and instead to prohibit the making of research calls on a Sunday during certain hours.
The ACMA made the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard Variation 2007 (No. 1) (the Telemarketing Industry Standard Variation) on 29 May 2007. The Telemarketing Industry Standard Variation varied the Telemarketing Industry Standard by substituting paragraph 5(2)(e) (which provided that research calls not be made on Sundays without prior consent) with the requirement that research calls not be made on a Sunday before 9.00am or after 5.00pm, without prior consent.
With the making of the Telemarketing Industry Standard Variation, the ACMA has done the matters it was directed to do under the ACMA Telemarketing Direction, which is therefore now spent.
Broadcasting Services (Anti-siphoning Monitoring) Direction (No. 1) 2005
The Broadcasting Services (Anti-siphoning Monitoring) Direction (No. 1) 2005 (the 2005 Direction) was made on 21 September 2005 by the Minister for Communications, Information Technology and the Arts (the Minister) under subsection 14(1) of the ACMA Act.
Clause 1 of the 2005 Direction required the Australian Communications and Media Authority (the ACMA) to cease acting under the 2005 Direction to the ABA No. 4 of 1996 (dated 30 September 1996) (the 1996 Direction). The 1996 Direction, issued to the then-ABA, required the ACMA to report to the Minister about the free availability of programming to the public. Clause 2 of the 2005 Direction required the ACMA under subsection 171(1) of the Broadcasting Services Act 1992 (the BSA) to investigate and monitor the broadcasting of events on the anti-siphoning list, including the nature, extent and use of television rights obtained by commercial television broadcasting licensees and national broadcasters to such events. The 2005 Direction also required the ACMA to provide interim reports and a final report of its investigations to the Minister.
In 2008 the Government decided that it did not wish the ACMA to be subject to the investigation or reporting requirements imposed by the 2005 Direction as the ACMA had sufficient powers to conduct investigations concerning broadcasters’ compliance with the anti-siphoning provisions under section 170 of the BSA. Accordingly, the 2005 Direction was amended to remove Clause 2 (see Broadcasting Services (Anti‑Siphoning Monitoring) Direction (No. 1) 2005 (Amendment No. 1 of 2008)).
As the requirements of Clause 1 of the 2005 Direction have been complied with, the 2005 Direction is redundant.
Broadcasting Services (Designated Series of Events) Declaration No. 1 of 2000
The Broadcasting Services (Designated Series of Events) Declaration No. 1 of 2000 (the 2000 Declaration), which was made on 12 May 2000 by the Minister for Communications, Information Technology and the Arts under subsection 146C(2) of the BSA, declared the series of events specified in the Schedule to the Declaration to be a designated series of events for the purposes of Part 10A of the BSA. The designated series of events specified in the Schedule are:
- the Federation of International Football Associations (sic) (FIFA)World Cup Soccer tournament held in 2002, including the opening ceremony and closing presentation of the tournament, and
- the FIFA World Cup Soccer tournament held in 2006, including the opening ceremony and closing presentation of the tournament.
As the specified series of events to which the 2000 Declaration applies have passed, the 2000 Declaration is spent.
Broadcasting Services (Event Continuation) Declaration No. 1 of 2001
The Broadcasting Services (Event Continuation) Declaration No. 1 of 2001 (the 2001 Declaration), which was made on 3 October 2001 by the Minister for Communications, Information Technology and the Arts under subsection 115(1AA) of the BSA, affected the operation of the ‘anti-siphoning list’ contained in the Broadcasting Services (Events) Notice No. 1 of 1994 (the 1994 Notice). The 2001 Declaration declared the events specified in item 6B of the Schedule to the 1994 Notice to continue to be specified in the 1994 Notice after the removal time for the event. The events in item 6B were particular qualifying matches for the FIFA 2002 World Cup. Item 6B was deleted from the Schedule to the 1994 Notice on 16 January 2002. Subsequently, the 1994 Notice was revoked by the Broadcasting Services (Events) Notice (No. 1) 2004 on 11 May 2004.
The 2001 Declaration was backcaptured in error on the Federal Register of Legislative Instruments in December 2004. The Declaration was not in force on the commencing day for the Legislative Instruments Act 2003 (LIA), and so was not required to be registered. The Declaration related to events that took place in November 2001.
Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999
The Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (the 1999 CSG Direction) was made on 11 December 1999 by the Minister for Communications, Information Technology and the Arts under section 124 of the TCPSS Act.
The 1999 CSG Direction required the Australian Communications Authority (ACA) (now known as the Australian Communications and Media Authority) to make performance standards for the purposes of the Customer Service Guarantee (CSG). Under the CSG, telephone companies must pay financial compensation to customers where certain minimum performance requirements are not met.
In accordance with the Direction, the ACA made the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) on 6 July 2000. The 1999 CSG Direction has been complied with and is redundant.
Universal Service Subsidies Determinations
The comprehensive stocktake of Commonwealth regulation conducted in 2008. identified the following Determinations as being spent:
- Universal Service Subsidies 2001-02, 2002-03, 2003-04 Extended Zones) Determination (No. 1) 2001,
- Universal Service Subsidies (2001-02, 2002-03, 2003-4 Contestable Areas) Determination (No. 1) 2001,
- Universal Service Subsidies (2001-02, 2002-03, 2003-04 Default Area) Determination (No. 1) 2001,
- Universal Service Subsidies (2004-05 Extended Zones) Determination (No. 1) 2002,
- Universal Service Subsidies (2004-05 Contestable Areas) Determination (No. 1) 2002, and
- Universal Service Subsidies (2004-05 Default Area) Determination (No. 1) 2002.
The Determinations were made by the Minister for Communications, Information Technology and the Arts under subsection 16(1) of the TCPSS Act.
Each Determination details the subsidy amounts available to universal service providers for the supply of standard telephone services and the supply, installation and maintenance of payphones in a specified claim period. These Determinations are considered spent because each respective claim period, to which the subsidy amount specified in the each Determination relates, has passed.
Monitoring and Reporting on Competition in the Telecommunications Industry Determination 2003 (No. 1) Revocation 2007 (No. 1)
The Monitoring and Reporting on Competition in the Telecommunications Industry Determination 2003 (No. 1) Revocation 2007 (No. 1) (the 2007 Revocation) was made on 12 April 2007 by the Minister for Communications, Information Technology and the Arts under section 151CMA of the Trade Practices Act 1974. The 2007 Revocation revoked the Monitoring and Reporting on Competition in the Telecommunications Industry Determination 2003 (No. 1). The 2007 Revocation is spent because the revocation took effect on 20 April 2007.
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
Consultation on the instrument was considered unnecessary because the instrument is removing redundant regulation and is therefore of a minor or machinery nature and does not substantially alter existing arrangements (see paragraph 18(2)(a) of the LIA).
Notes on clauses
Clause 1 – Name of instrument
Clause 1 provides that the name of the instrument is Communications (Redundant Regulation) Instrument of Revocation (No. 1) 2009.
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 – Revocation
Clause 4 provides for the revocation 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. Section 8B of the Acts Interpretation Act 1901 provides that an expired instrument is taken to be repealed.
Schedule
The Table in the Schedule lists the provisions (Column 1) of the Acts (Column 2) under which each instrument (Column 3) is revoked.