Datacasting Charge (Imposition) Amendment Act 2005
No. 49, 2005
An Act to amend the Datacasting Charge (Imposition) Act 1998, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Datacasting Charge (Imposition) Act 1998
Schedule 2—Transitional provisions
Datacasting Charge (Imposition) Amendment Act 2005
No. 49, 2005
An Act to amend the Datacasting Charge (Imposition) Act 1998, and for related purposes
[Assented to 1 April 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Datacasting Charge (Imposition) Amendment Act 2005.
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. | 1 April 2005 |
2. Schedules 1 and 2 | At the same time as section 6 of the Australian Communications and Media Authority Act 2005 commences. | 1 July 2005 |
Note: This table relates only to the provisions of this Act as originally passed by 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Datacasting Charge (Imposition) Act 1998
1 Section 3 (definition of ACA)
Repeal the definition.
2 Section 3
Insert:
ACMA means the Australian Communications and Media Authority.
3 Subsection 7(1)
Omit “by the ACA”, substitute “by the ACMA”.
4 Subsection 7(1) (note)
Repeal the note, substitute:
Note: Under section 14 of the Australian Communications and Media Authority Act 2005, the Minister may give the ACMA directions in relation to the performance of its functions and the exercise of its powers.
Schedule 2—Transitional provisions
1 Definitions
In this Schedule:
Imposition Act means the Datacasting Charge (Imposition) Act 1998.
transition time means the commencement of this Schedule.
2 Continued effect of amount determinations
A determination made by the ACA under subsection 7(1) of the Imposition Act that was in force immediately before the transition time has effect on and after the transition time as if it had been made by the ACMA under that subsection as amended by Schedule 1 to this Act.
[Minister’s second reading speech made in—
House of Representatives on 2 December 2004
Senate on 7 March 2005]
Overview
The Datacasting Charge (Imposition) Amendment Act 2005, enacted by the Parliament of Australia and assented to on 1 April 2005, amends the Datacasting Charge (Imposition) Act 1998. This amendment was introduced to address the transition of regulatory responsibilities from the Australian Communications Authority (ACA) to the Australian Communications and Media Authority (ACMA), which was established by the Australian Communications and Media Authority Act 2005. The primary objective of this Act is to ensure a seamless transfer of functions and authority related to datacasting charges from the ACA to the ACMA, maintaining continuity in regulatory oversight and charge imposition. The amendments include the repeal of references to the ACA and the insertion of references to the ACMA, alongside transitional provisions to uphold the validity of existing determinations made by the ACA.
Scope and Application
The Datacasting Charge (Imposition) Amendment Act 2005 amends the Datacasting Charge (Imposition) Act 1998, introducing changes that came into effect on different dates. The core changes specified in Sections 1 to 3 of the Act took effect on 1 April 2005, the date the Act received Royal Assent. Further amendments detailed in Schedules 1 and 2 commenced on 1 July 2005, coinciding with the commencement of section 6 of the Australian Communications and Media Authority Act 2005. This Act applies to entities involved in datacasting services in Australia, specifically targeting the imposition of charges related to these services. It replaces references to the Australian Communications Authority (ACA) with the Australian Communications and Media Authority (ACMA), reflecting the renaming and restructuring of the regulatory body. Transitional provisions ensure that determinations made by the ACA prior to the transition time continue to have effect as if they were made by the ACMA. The Act's amendments extend to the definitions and specific subsections of the original Act, ensuring consistency with the new regulatory framework.
Key Provisions
The main operative sections of the Datacasting Charge (Imposition) Amendment Act 2005 (section 1) clarify that the Act amends the Datacasting Charge (Imposition) Act 1998 (section 3). The Act modifies the definition of ACA, replacing it with the Australian Communications and Media Authority (ACMA) (section 3). The amendments also substitute references to ACA with ACMA throughout the Act, including in subsection 7(1) (section 3). Furthermore, the Act repeals the note in subsection 7(1) and replaces it with a new note referencing section 14 of the Australian Communications and Media Authority Act 2005 (subsection 7(1) (note)). The amendments are effective from 1 July 2005 (section 2).
The obligations and requirements imposed by the Act primarily involve the transition from the Australian Communications Authority (ACA) to the ACMA in relation to datacasting charges. The Act ensures that any determinations made by ACA prior to the transition time continue to have effect as if made by ACMA (Schedule 2, item 1). This transition is seamless, ensuring that there is no disruption in the administration of datacasting charges (Schedule 2, item 2). The Act also mandates that the Minister may give ACMA directions regarding the performance of its functions and the exercise of its powers under section 14 of the Australian Communications and Media Authority Act 2005 (Schedule 1, subsection 7(1) (note)).
The Datacasting Charge (Imposition) Amendment Act 2005 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, any breaches of datacasting charge regulations or related administrative actions would fall under the general legal framework governing the ACMA and the Australian Communications and Media Authority Act 2005. The penalties for breaches of these regulations could include fines or other administrative sanctions as determined by the relevant authorities. It is crucial for entities governed by these acts to adhere to the specified requirements to avoid any potential legal repercussions.