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Legislation and statutory instruments
Major legislation requiring significant input from the Legal Group during the year is set out below.
Do Not Call Register Act 2006 and Do Not Call Register (Consequential Amendments) Act 2006
The Do Not Call Register Act 2006 sets up a scheme to enable individuals who have an Australian number to opt-out of receiving certain unsolicited telemarketing calls. It requires the Australian Communications and Media Authority to establish a Do Not Call register and prohibits telemarketers from calling a number which has been included on the register. The Australian Communications and Media Authority will be able to tender out the operation of the register. Exemptions are provided for certain types of telemarketing calls to allow organisations who carry out activities in the public interest to carry out their work and continue to provide services to the community. The exempt bodies are charities, registered political parties, independent members of Parliament and candidates, religious organisations, educational institutions (where a call is made to a student, alumni or alumnae), and government bodies.
Do Not Call Register (Consequential Amendments) Act 2006
This Act enables the development of relevant industry codes and standards relating to telemarketing calls. It requires the Australian Communications and Media Authority to make national standards regulating the making of all telemarketing calls. The mandatory standards will relate to certain conduct matters such as the time at which telemarketing calls may be made, the information which must be provided and the termination of calls. The standards will apply to all telemarketers, including those exempt from the Do Not Call register arrangements.
Telstra (Transition to Full Private Ownership) Act 2005
This Act amends the Telstra Corporation Act 1991 to enable the Commonwealth to sell its remaining equity interest in Telstra Corporation Limited. It provides for flexibility in the means by which the Commonwealth may sell down its shareholding in Telstra and makes consequential amendments necessary once Telstra ceases to be Commonwealth-controlled.
Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005
This Act establishes the $2 billion Communications Fund and provides for regular independent reviews into the adequacy of telecommunications in regional, rural and remote parts of Australia.
Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005
Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005
These acts formed part of the package of legislation providing for the full sale of Telstra.
The Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005 introduced an operational separation framework for Telstra to provide equivalence and transparency of Telstra’s wholesale and retail operations, and made amendments to Parts XIB and XIC of the Trade Practices Act 1974 to encourage greater investment in telecommunications infrastructure and to improve the operation of the telecommunications-specific access regime in Part XIC. The Act also made a number of minor amendments to the Telecommunications Act 1997, including the repeal of the requirement for carriers to have an industry development plan.
The Telecommunications (Carrier Licence Charges) Amendment (Industry Plans and Consumer Codes) Act 2005, together with the Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005, provides for the total amount of charges that are imposed on carrier licences to include an additional amount which would provide for industry bodies and associations that develop consumer-related codes to be reimbursed by the Australian Communications and Media Authority for their costs in developing these codes. The Act also made amendments consequential to the repeal of the requirement for carriers to have industry development plans in the Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005.
Telecommunications (Operational Separation—Designated Services) Determination (No.1) 2005
This determination specifies a number of declared services, as well as the ADSL Layer 2 service, as ‘designated services’ for the purposes of the operational separation regime in Part 8 of Schedule 1 to the Telecommunications Act 1997 to require operational separation of Telstra.
Telecommunications (Requirements for Operational Separation Plan) Determination (No.1) 2005
This determination specifies a number of requirements, additional to those specified in Part 8 of Schedule 1 to the Telecommunications Act 1997, to be dealt with in a draft operational separation plan to be prepared by Telstra and given to the Minister for Communications, Information Technology and the Arts. The determination requires Telstra to include in a draft operational separation plan provisions that relate to the following key elements of operational separation:
- the operational and organisational separation of Telstra;
- the provision of high-quality wholesale services;
- equivalence of designated services in relation to both price and non-price terms and conditions; and
- demonstration of compliance with the operational separation plan.
Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2005)
The purpose of this declaration is to improve the operation and reporting of priority assistance for consumers and for Telstra as the provider of priority assistance service to eligible customers who have a diagnosed life-threatening medical condition and are at risk of suffering a rapid, life-threatening deterioration in their condition.
Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2005)
The purpose of this declaration is to impose requirements on Telstra concerning its ongoing commitment to a local presence in regional, rural and remote Australia.
Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005
Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 (Amendment No. 1 of 2006)
The Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 specifies the Telstra services which are subject to price control arrangements and establishes a price cap for certain services. It also sets out the principles that are to apply in relation to certain Telstra line rental charges, and sets out which Telstra charges are subject to notification and disallowance. The
Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 (Amendment No. 1 of 2006) amended the Telstra Carrier Charges— Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 to make explicit Telstra’s line rental pricing parity obligations by including in the price controls a requirement that Telstra offer a basic line rental service at the same price across the country and to make other clarificatory amendments.
Australian Sports Anti-Doping Authority Act 2006 and Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006
These acts provide for the establishment of the Australian Sports Anti-Doping Authority from 13 March 2006, make consequential amendments and deal with transitional matters. The Australian Sports Anti-Doping Authority replaces the Australian Sports Drug Agency.
Australian Sports Anti-Doping Authority Regulations 2006
These regulations establish the National Anti-Doping Scheme which is administered by the Australian Sports Anti-Doping Authority.
Film Licensed Investment Company (Decision-making Criteria and Procedures) Determination 2005
This instrument provides the criteria that apply in deciding whether, and to whom, to grant the licence under the scheme set out in the Film Licensed Investment Company Act 2005 and the procedures that must be complied with in making that decision.
Film Licensed Investment Company (Application) Rules 2005
This instrument provides the arrangements for making and dealing with applications for the licence to raise concessional capital under the scheme set out in the Film Licensed Investment Company Act 2005.
Film Licensed Investment Company (Reporting Requirements) Determination 2005
This instrument provides for how the company licensed under the Film Licensed Investment Company Act 2005 must report and hence allows for the monitoring of compliance with the Act and evaluation of the Film Licensed Investment Company Scheme.
Postal Industry Ombudsman Act 2006
The Act provides for the establishment of the Postal Industry Ombudsman within the office of the Commonwealth Ombudsman. The Postal Industry Ombudsman will be responsible for the investigation of complaints against or actions taken by Australia Post in relation to the provision of postal or similar services, and will also be able to investigate complaints about private postal operators who voluntarily register with the Postal Industry Ombudsman.
Broadcasting Legislation Amendment Bill (No. 1) 2005
Under section 38B of the Broadcasting Services Act 1992, commercial television licensees may jointly or individually provide a third service in certain circumstances. This Bill would allow such third services in remote areas to be provided on a single spectrum multiplex, with no high definition television requirements.
Broadcasting Services Amendment (Subscription Television Drama and Community Broadcasting Licences) Act 2006
This Act amends the Broadcasting Services Act 1992 to:
- make the new eligible drama expenditure requirement for pay television services more flexible; and
- give the Australian Communications and Media Authority a discretion to approve the transfer of community broadcasting licences, to deal more easily with changes to corporate arrangements
for licensees.
Australian Broadcasting Corporation Amendment Act 2006
This Act removes the position of staff elected director on the board of the Australian Broadcasting Corporation.