Commonwealth Numbered Acts

COMMUNICATIONS AND THE ARTS LEGISLATION AMENDMENT ACT (No. 1) 1995 No. 32 of 1995 - SCHEDULE

SCHEDULE
AMENDMENT OF ACTS Australian Broadcasting Corporation Act 1983
1. Section 70: Repeal the section.
Australian Film, Television and Radio School Act 1973
2. Paragraph 8(1)(b): Omit the paragraph, substitute:

"(b) a staff member elected by the staff members in the manner prescribed;".
3. Section 8: Add at the end:

"(9) In this section:
'staff member' means a person who:

   (a)  is employed on a full-time or part-time basis under section 34; and

   (b)  has been so employed, or whose term of employment is, for at least 12
        months.".
4. Paragraphs 20(7)(a) and (b): Omit "6", substitute "5".
5. Paragraph 51(f): Omit "$100", substitute "1 penalty unit".
Broadcasting Services Act 1992
6. Subsection 6(1) (definition of "Australian drama program"): Omit
"satellite".
7. Subsection 6(1) (paragraph (a) of the definition of "Australian drama
program"): Omit the paragraph, substitute:

"(a) that:

   (i)  has been made wholly or substantially in Australia or an external
        Territory; and

   (ii) has a significant Australian content; and

   (iii) in relation to which there is no declaration in force under
        subsection (3); or".
8. Subsection 6(1) (definition of "Australian drama program"): Omit "but does
not include a program in relation to which a declaration under subsection (3)
is in force;".
9. Subsection 6(1) (definition of "drama program"): Omit "satellite".
10. Subsection 6(3): Omit "paragraph (a)", substitute "subparagraphs (a)(i)
and (ii)".
11. Subsection 6(3): Omit "definition of 'drama program'", substitute
"definition of 'Australian drama program' ".
12. Section 62 (paragraph (a) of penalty): Omit "$50,000", substitute "500
penalty units".
13. Section 62 (paragraph (b) of penalty): Omit "$5,000", substitute "50
penalty units".
14. Section 63 (paragraph (a) of penalty): Omit "$50,000", substitute "500
penalty units".
15. Section 63 (paragraph (b) of penalty): Omit "$5,000", substitute "50
penalty units".
16. Section 64 (paragraph (a) of penalty): Omit "$50,000", substitute "500
penalty units".
17. Section 64 (paragraph (b) of penalty): Omit "$5,000", substitute "50
penalty units".
18. Section 65 (paragraph (a) of penalty): Omit "$50,000", substitute "500
penalty units".
19. Section 65 (paragraph (b) of penalty): Omit "$5,000", substitute "50
penalty units".
20. Subsection 66(1) (paragraph (e) of penalty): Omit "$2,000,000", substitute
"20,000 penalty units".
21. Subsection 66(1) (paragraph (f) of penalty): Omit "$200,000", substitute
"2,000 penalty units".
22. Section 69 (paragraph (a) of penalty): Omit "$2,000,000", substitute
"20,000 penalty units".
23. Section 69 (paragraph (b) of penalty): Omit "$200,000", substitute "2,000
penalty units".
24. Section 72 (paragraph (a) of penalty): Omit "$2,000,000", substitute
"20,000 penalty units".
25. Section 72 (paragraph (b) of penalty): Omit "$200,000", substitute "2,000
penalty units".
26. Paragraph 111(a): Insert "or 8" after "Division 7".
27. Paragraph 111(c): Omit "licence A or licence B", substitute "a
subscription television broadcasting licence".
28. Subsection 112(7) (penalty): Omit "$50,000", substitute "500 penalty
units".
29. Section 131 (penalty): Omit "$2,000,000", substitute "20,000 penalty
units".
30. Subsection 132(1) (paragraph (a) of penalty): Omit "$2,000,000",
substitute "20,000 penalty units".
31. Subsection 132(1) (paragraph (b) of penalty): Omit "$200,000", substitute
"2,000 penalty units".
32. Subsection 132(2) (penalty): Omit "$2,000,000", substitute "20,000 penalty
units".
33. Section 133 (penalty): Omit "$200,000", substitute "2,000 penalty units".
34. Section 134 (penalty): Omit "$50,000", substitute "500 penalty units".
35. Section 135 (penalty): Omit "$5,000", substitute "50 penalty units".
36. Subsection 138(1) (paragraph (a) of penalty): Omit "$2,000,000",
substitute "20,000 penalty units".
37. Subsection 138(1) (paragraph (b) of penalty): Omit "$200,000", substitute
"2,000 penalty units".
38. Subsection 138(1) (paragraph (c) of penalty): Omit "$5,000", substitute
"50 penalty units".
39. Subsection 139(1) (penalty): Omit "$200,000", substitute "2,000 penalty
units".
40. Subsection 139(2) (penalty): Omit "$100,000", substitute "1,000 penalty
units".
41. Subsection 139(3) (penalty): Omit "$50,000", substitute "500 penalty
units".
42. Subsections 139(4) and (5) (penalties): Omit "$5,000", substitute "50
penalty units".
43. Section 142 (paragraph (a) of penalty): Omit "$2,000,000", substitute
"20,000 penalty units".
44. Section 142 (paragraph (b) of penalty): Omit "$200,000", substitute "2,000
penalty units".
45. Section 142 (paragraph (c) of penalty): Omit "$50,000", substitute "500
penalty units".
46. Section 142 (paragraph (d) of penalty): Omit "$5,000", substitute "50
penalty units".
47. Subsection 156(1): Insert "either for general purposes or" after "ABA".
48. Paragraph 157(2A)(a): Omit "orginal", substitute "original".
49. Subsection 209(2): Omit "$50,000", substitute "500 penalty units".
50. Subsection 217(2): Omit "$25,000", substitute "250 penalty units".
51. Subsection 217(2): Omit "$5,000", substitute "50 penalty units".
Radiocommunications Act 1992
52. Section 5 (definition of "certificate"): Omit the definition, substitute:

"'certificate' means:

   (i)  a certificate of proficiency; or

   (ii) a compliance certificate; or

   (iii) a frequency assignment certificate referred to in subsection 100(4A);
        or

   (iv) any other kind of certificate that may be issued under this Act;".
53. Paragraph 11(2)(b): Omit "of" (first occurring).
54. Section 46 (subparagraph (a)(ii) of penalty): Omit "$150,000", substitute
"1,500 penalty units".
55. Section 46 (paragraph (b) of penalty): Omit "$2,000", substitute "20
penalty units".
56. Section 47 (subparagraph (a)(ii) of penalty): Omit "$150,000", substitute
"1,500 penalty units".
57. Section 47 (paragraph (b) of penalty): Omit "$2,000", substitute "20
penalty units".
58. Paragraph 82(1)(a): Omit "subsection (2)", substitute "subsection (3)".
59. Subsection 86(1): Omit "an assignment under section 85 must", substitute:
"an assignment under section 85 of the whole, or any part of, a licence that
involves:

   (a)  a change in the licensee; or

   (b)  the issue of a spectrum licence; or

   (c)  the variation of the conditions of a spectrum licence; or

   (d)  the cancellation of one or more existing spectrum licences; must".
60. Subsection 86(1): After "requires" insert "(if any)".
61. Subsection 86(2): After "assignment" insert "covered by subsection (1)".
62. Subsection 89(2): Omit "variation", substitute "agreement".
63. After subsection 100(4): Insert: "(4A) The SMA, in deciding whether to
issue an apparatus licence, may have regard to a frequency assignment
certificate issued by a person accredited under section 263 to issue such
certificates for the purposes of this section, stating that the operation of a
device under the licence:

   (a)  on a specified frequency or frequencies, or on a specified frequency
        channel; and

   (b)  at a specified constancy; and

   (c)  at a specified location; and

   (d)  subject to specified technical conditions; will not cause an
        unacceptable level of interference to the operation of
        radiocommunications. "(4B) The SMA may determine, by written
        instrument, what are unacceptable levels of interference for the
        purposes of this section.".
64. Subsection 100(5): Omit the subsection, substitute: "(5) In deciding
whether to issue an apparatus licence, the SMA may also have regard to
whether, in the 2 years before the application, the applicant has been the
holder of an apparatus licence that has been cancelled.".
65. Section 104: Repeal the section, substitute: "104.(1) Subject to
subsections (2) and (3), the SMA may issue an apparatus licence that is
inconsistent with the spectrum plan or any relevant frequency band plan only
if:

   (a)  the apparatus licence is granted for purposes which relate to an event
        of international, national or regional significance; or

   (b)  the issue of the apparatus licence is otherwise in the public
        interest. "(2) The licence must not be issued for more than 30 days.
        "(3) The licence must not be renewed under section 130 more than
        once.".
66. Paragraph 106(2)(a): Omit "subject to subsection (3),".
67. Paragraph 107(1)(f): Omit the paragraph, substitute:

"(f) such conditions (if any) as the SMA may determine, by written instrument,
in relation to that particular type of apparatus licence;".
68. Section 107: Add at the end: "(4) A determination is a disallowable
instrument for the purposes of section 46A of the
Acts Interpretation Act 1901.".
69. Subparagraph 108(2)(d)(ii): Omit "harrassing", substitute "harassing".
70. Section 111: Add at the end:

"(2) The notice given under subsection (1) must specify that:

   (a)  the licensee may request a statement of reasons for the change; and

   (b)  a request must be made within 28 days of receipt of the notice.

"(3) A person receiving a notice under subsection (1) may request a statement
of reasons for the decision within 28 days of receiving the notice.

"(4) If the SMA receives a request in accordance with subsection (3), the SMA
must give the person a statement of reasons within 28 days of receipt of that
request.".
71. Section 113 (penalty): Omit "$10,000", substitute "100 penalty units".
72. Section 117 (penalty): Omit "$2,000", substitute "20 penalty units".
73. Subsection 118(1) (penalty): Omit "$2,000", substitute "20 penalty units".
74. Section 124: Add at the end: "(4) If:

   (a)  a person has been issued with a certificate of proficiency; and

   (b)  the SMA subsequently cancels the certificate; the person must not,
        without reasonable excuse, fail to return the certificate to the SMA,
        either by hand or by certified mail, within 7 days after receiving
        notification of the cancellation. Penalty for contravention of this
        subsection: 20 penalty units.".
75. Subsection 130(3): Omit the subsection, substitute: "(3) In deciding
whether to renew the licence, the SMA:

   (a)  must have regard to the same matters to which it must have regard
        under subsections 100(4) and (6); and

   (b)  may have regard to the same matters to which it may have regard under
        subsection 100(5); in deciding whether to issue such a licence.".
76. Subsection 130(5): Omit ", together with a statement of its reasons".
77. Section 130: Add at the end: "(6) The notice given under subsection (5)
must specify that:

   (a)  the licensee may request a statement of reasons for the decision; and

   (b)  a request must be made within 28 days of receipt of the notice. "(7) A
        person receiving a notice under subsection (5) may request a statement
        of reasons for the decision within 28 days of receiving the notice.
        "(8) If the SMA receives a request in accordance with subsection (7),
        it must give the person a statement of reasons within 28 days of
        receipt of the request.".
78. After section 131: Insert in Part 3.3: "Division 8-Transfer of apparatus
licences Applications for transfer of apparatus licences "131AA.(1) Subject to
section 131AC, a licensee of an apparatus licence may, at any time before the
licence is due to expire, apply in writing to the SMA for the licence to be
transferred to another person. "(2) The application must be in a form approved
by the SMA and must be signed by both the licensee and the proposed
transferee. "(3) The SMA may approve different forms for transfer of different
types of apparatus licence. Transfer of apparatus licences "131AB.(1) Subject
to section 131AC, when an application is made, the SMA may transfer the
licence into the name of the transferee. "(2) In deciding whether to transfer
the licence, the SMA:

   (a)  must have regard to the same matters to which it must have regard
        under subsections 100(4) and (6); and

   (b)  may have regard to the same matters to which it may have regard under
        subsection 100(5); in deciding whether to issue such a licence. "(3)
        The transferred licence:

   (a)  subject to Division 6, continues in force until the end of the period
        for which the licence is in force when issued to the initial licensee;
        and

   (b)  subject to section 111, continues on the same conditions as those
        which applied immediately before the transfer. Apparatus licences not
        transferable in certain circumstances "131AC.(1) The SMA may
        determine, by written instrument:

   (a)  that particular types of apparatus licence are not transferable under
        this Division; and

   (b)  that in specified circumstances an apparatus licence is not
        transferable under this Division. "(2) A determination is a
        disallowable instrument for the purposes of section 46A of the
        Acts Interpretation Act 1901.".
79. Section 148: Add at the end:

"; or (d) any transfer of the licence under section 131AB.".
80. Paragraph 153(4)(c): Omit the paragraph, substitute:

"(c) any other person who has given written notice to the SMA under subsection
(6) in relation to the licence to which the correction relates.".
81. Section 153: Add at the end: "(6) A person may give a written notice to
the SMA stating that the person wishes to be notified about corrections to the
Register in relation to specified licences.".
82. Subsection 157(1) (paragraph (a) of penalty): Omit "$12,000", substitute
"120 penalty units".
83. Subsection 157(1) (paragraph (b) of penalty): Omit "$150,000", substitute
"1,500 penalty units".
84. Subsection 158(1) (paragraph (a) of penalty): Omit "$12,000", substitute
"120 penalty units".
85. Subsection 158(1) (paragraph (b) of penalty): Omit "$150,000", substitute
"1,500 penalty units".
86. Subsection 160(1) (paragraph (a) of penalty): Omit "$12,000", substitute
"120 penalty units".
87. Subsection 160(1) (paragraph (b) of penalty): Omit "$150,000", substitute
"1,500 penalty units".
88. Section 170 (penalty): Omit "$10,000", substitute "100 penalty units".
89. After subsection 182(1): Insert: "(1A) The notice may require a
manufacturer or importer of a device included in a class of devices specified
in the notice:

   (a)  to conduct quality assurance programs; or

   (b)  to satisfy himself or herself that quality assurance programs have
        been conducted; in respect of the device. "(1B) The notice may require
        a manufacturer or importer of a device, after having regard to the
        results of the quality assurance program, to affix a label to each
        such device that indicates one or more of the following:

   (a)  whether the device meets the requirements of the standards specified
        in the notice;

   (b)  if the device is a radiocommunications device the operation of which
        could be authorised by a spectrum licence or an apparatus licence of a
        type determined under section 98-whether the device complies with the
        technical licence specifications specified in the notice;

   (c)  if the device is a radiocommunications device-whether the device
        complies with the class licence specified in the notice.". 90. After
        subsection 182(4): Insert: "(4A) The notice may also specify
        requirements that must be met after a label has been affixed to a
        device, including a requirement that a manufacturer or importer retain
        for inspection, for the period specified in the notice, records of:

   (a)  the quality assurance programs conducted in accordance with a notice
        under subsection (1) in respect of that device; and

   (b)  any results of any tests conducted in relation to compliance with
        relevant standards, technical licence specifications or the class
        licence.".
91. Section 186 (penalty): Omit "$10,000", substitute "100 penalty units".
92. After section 187: Insert: Failure to retain records "187A. If the SMA
publishes a notice under subsection 182(1) that specifies requirements to be
met after a label has been affixed, a manufacturer or importer must not,
without reasonable excuse, fail to comply with requirements specified in the
notice. Penalty: 20 penalty units.".
93. Subsection 189(1) (paragraph (b) of penalty): Omit "$150,000", substitute
"1,500 penalty units".
94. Section 192 (paragraph (b) of penalty): Omit "$500,000", substitute "5,000
penalty units".
95. Subsection 193(1) (paragraph (b) of penalty): Omit "$500,000", substitute
"5,000 penalty units".
96. Section 194 (paragraph (b) of penalty): Omit "$500,000", substitute "5,000
penalty units".
97. Subsection 195(1) (paragraph (b) of penalty): Omit "$150,000", substitute
"1,500 penalty units".
98. Section 198 (paragraph (b) of penalty): Omit "$500,000", substitute "5,000
penalty units".
99. Section 199: After "not" insert ", without reasonable excuse,".
100. Section 199 (paragraph (b) of penalty): Omit "$500,000", substitute
"5,000 penalty units".
101. Section 214 (penalty): Omit "$10,000", substitute "100 penalty units".
102. Subsection 227(1) (penalty): Omit "$30,000", substitute "300 penalty
units".
103. Subsection 237(1): Omit "Commonweath", substitute "Commonwealth".
104. Subsection 238(2): Insert "to issue or cancel certificates of proficiency
under Division 5 of Part 3.3 or" after "power".
105. Subsection 238(3): Omit the subsection, substitute: "(3) The Spectrum
Manager may delegate to the ABA the SMA's power:

   (a)  to issue, renew, suspend or cancel licences authorising operation of
        radiocommunications devices using a part of the spectrum designated
        under section 31; and

   (b)  to impose one or more further conditions under paragraph 111(a) to
        which a licence so issued or renewed is subject; and

   (c)  to revoke or vary any condition specified under paragraph 107(1)(g) or
        109(1)(f); and

   (d)  to revoke or vary any condition imposed under paragraph 108(2)(a), (b)
        or (c) or 111(a) to which a licence so issued or renewed is subject.".
106. After subsection 263(2): Insert: "(2A) The instrument is given subject to
such conditions relating to the issuing of certificates as the SMA determines
under section 266A or specifies in the instrument.".
107. After section 266: Insert in Part 5.4: SMA determination in relation to
certificates "266A.(1) The SMA may determine, by instrument in writing, the
conditions that are to apply in relation to the issuing of a certificate under
this Act. "(2) A determination is a disallowable instrument for the purposes
of section 46A of the Acts Interpretation Act 1901.".
108. Subsection 268(3) (penalty): Omit "$500", substitute "5 penalty units".
109. Subsection 278(4) (penalty): Omit "$2,000", substitute "20 penalty
units".
110. Subsection 279(1): Add at the end:

"; and (e) require a person who has been required to retain quality assurance
program records by a notice under subsection 182(1) for a specified period to
produce such records at any time during that period.".
111. Subsection 279(2) (penalty): Omit "$2,000", substitute "20 penalty
units".
112. After paragraph 285(m): Insert:

"(ma) refusal to transfer an apparatus licence under section 131AB;".
113. Subparagraph 293(b)(i): After "renewal" insert ", transfer".
114. Subsection 300(4) (penalty): Omit "$10,000", substitute "100 penalty
units".
115. Subsections 301(1) and (3) (penalties): Omit "$2,000", substitute "20
penalty units".
116. Section 302 (penalty): Omit "$10,000", substitute "100 penalty units".
117. Paragraph 314(2)(d): After "(c)" insert ", (ca)".
118. Subsection 314(5): Omit "$1,000", substitute "10 penalty units".
119. After section 314: Insert: SMA determinations etc. may provide for
matters by reference to any other instrument "314A.(1) An SMA determination or
other instrument made under this Act may make provision for, or in relation
to, a matter by applying, adopting or incorporating (with or without
modifications) any matter contained in an instrument or other writing made by
any person or body in Australia or elsewhere, as in force at a particular time
or as in force from time to time. "(2) Section 49A of the
Acts Interpretation Act 1901 does not apply in relation to instruments made
under this Act.".
120. Section 315 (penalty): Omit "$100", substitute "1 penalty unit".
121. After paragraph 315(c): Insert:

"(ca) for an offence alleged to have been committed against section 46 or 47
that would not have been committed if the person alleged to have committed it
had complied with the class licence at the time the offence was alleged to
have been committed-an amount equal to the lesser of:

   (i)  one-fifth of the maximum fine that a court could impose on the person
        alleged to have committed the offence as a penalty for that offence;
        or

   (ii) if the offender is an individual-10 penalty units; or

   (iii) if the offender is a body corporate-50 penalty units; or

   (iv) the amount (if any) prescribed in relation to the class licence; or".
        Special Broadcasting Service Act 1991
122. Section 67: Repeal the section. Telecommunications Act 1991
123. Subsection 253(1) (penalty): Omit "$12,000", substitute "120 penalty
units".
124. Sections 254 and 255 (penalties): Omit "$12,000", substitute "120 penalty
units".
125. Subsections 268(1), (2) and (3) (penalties): Omit "$12,000", substitute
"120 penalty units".
126. Subsection 401(2) (penalty): Omit "$2,000", substitute "20 penalty
units".
127. Subsection 402A(1) (penalty): Omit "$3,000", substitute "30 penalty
units".
128. Subsection 406(2): Omit "$1,000", substitute "10 penalty units".