Commonwealth Numbered Acts Commonwealth Numbered ActsAustralian Communications and Media Authority Act 2005
1 Section 3 (paragraph (c) of the definition of investigation )
Omit "or Part 5 of Schedule 6", substitute "Part 5 of Schedule 6, or Part 3 of Schedule 7".
2 Subsection 4(5)
Omit "or clause 38 of Schedule 6", substitute "clause 38 of Schedule 6, or clause 43 of Schedule 7".
3 At the end of section 4
Add:
(7) An investigation under clause 44 of Schedule 7 to the Broadcasting Services Act 1992 ends at the end of the day the ACMA completes the investigation.
4 Paragraph 10(1)(a)
After "content", insert ", designated content/hosting services".
5 Paragraph 53(2)(k)
After "Schedule 5", insert "or 7".
6 Paragraph 53(2)(o)
After "Schedule 5", insert "or 7".
7 After paragraph 53(2)(p)
Insert:
(pa) determine, vary or revoke a designated content/hosting service provider determination under Schedule 7 to that Act;
Broadcasting Services Act 1992
8 Title
Omit " and online services ", substitute " , online services and content services ".
9 After paragraph 3(1)(h)
Insert:
(ha) to ensure designated content/hosting service providers respect community standards in relation to content; and
10 Subsection 3(2)
Insert:
"designated content/hosting service provider" has the same meaning as in Schedule 7.
11 Subsection 4(3)
Omit "Internet content hosted in Australia, and".
12 Paragraph 4(3)(a)
Omit "Internet content hosts and".
13 After subsection 4(3)
Insert:
(3AA) The Parliament also intends that designated content/hosting services be regulated in a manner that:
(a) enables public interest considerations to be addressed in a way that does not impose unnecessary financial and administrative burdens on the providers of those services; and
(b) will readily accommodate technological change; and
(c) encourages:
(i) the development of communications technologies and their application; and
(ii) the provision of services made practicable by those technologies to the Australian community.
14 Subsection 4(4)
Insert:
"designated content/hosting service" has the same meaning as in Schedule 7.
15 Subsection 4(4) (definition of Internet content host )
Repeal the definition.
16 Paragraph 5(1)(a)
Omit "and the Internet industry", substitute ", the Internet industry and the commercial content service industry".
17 At the end of section 5
Add:
(4) In this section:
"commercial content service" has the same meaning as in Schedule 7.
18 Subsection 6(1) (at the end of the definition of registered code of practice )
Add:
; or (d) clause 85 of Schedule 7.
19 After paragraph 130L(f)
Insert:
(fa) a code registered, or a standard determined, under Part 4 of Schedule 7 to this Act; or
20 After section 216C
Insert:
216D Schedule 7 (content services)
Schedule 7 has effect.
21 Clause 1 of Schedule 5
Repeal the clause.
22 Clause 2 of Schedule 5
Omit:
* A person may complain to the ACMA about prohibited content or potential prohibited content on the Internet, and the ACMA must investigate the complaint.
* Internet content hosted in Australia is prohibited content if:
(a) the content has been classified RC or X 18+ by the Classification Board; or
(b) the content has been classified R 18+ by the Classification Board and access to the content is not subject to a restricted access system.
* Internet content hosted outside Australia is prohibited content if the Internet content has been classified RC or X 18+ by the Classification Board.
* Internet content is potential prohibited content if the content has not been classified by the Classification Board, but if it were to be classified, there is a substantial likelihood that the content would be prohibited content.
* If the ACMA is satisfied that Internet content hosted in Australia is potential prohibited content, and is likely to be classified RC or X 18+, the ACMA must:
(a) request the Classification Board to classify the content; and
(b) give the relevant Internet content host an interim take‑down notice directing the host not to host the content pending the classification of the content.
* If the ACMA is satisfied that Internet content hosted in Australia is potential prohibited content, and is likely to be classified R 18+, the ACMA must request the Classification Board to classify the content.
* If the ACMA is satisfied that Internet content hosted in Australia is prohibited content, the ACMA must give the relevant Internet content host a final take‑down notice directing the host not to host the prohibited content.
23 Clause 2 of Schedule 5
Omit:
* Bodies and associations that represent sections of the Internet industry may develop industry codes.
substitute:
* Bodies and associations that represent the Internet service provider section of the Internet industry may develop industry codes.
24 Clause 2 of Schedule 5
Omit:
* The ACMA may make online provider determinations regulating Internet service providers and Internet content hosts.
substitute:
* The ACMA may make online provider determinations regulating Internet service providers.
25 Clause 3 of Schedule 5 (definition of access‑control system )
Repeal the definition.
26 Clause 3 of Schedule 5 (definition of Classification Review Board )
Repeal the definition.
27 Clause 3 of Schedule 5 (definition of classified )
Omit "this Schedule", substitute "Schedule 7".
28 Clause 3 of Schedule 5 (definition of final take‑down notice )
Repeal the definition.
29 Clause 3 of Schedule 5 (definition of interim take‑down notice )
Repeal the definition.
30 Clause 3 of Schedule 5 (definition of potential prohibited content )
Omit "the meaning given by clause 11", substitute "the same meaning as in Schedule 7".
31 Clause 3 of Schedule 5 (definition of prohibited content )
Omit "the meaning given by clause 10", substitute "the same meaning as in Schedule 7".
32 Clause 3 of Schedule 5 (definition of restricted access system )
Repeal the definition.
33 Clause 3 of Schedule 5 (definition of special take‑down notice )
Repeal the definition.
34 Clauses 4 and 6 of Schedule 5
Repeal the clauses.
35 Part 3 of Schedule 5
Repeal the Part.
36 Clause 22 of Schedule 5
Repeal the clause.
37 Clause 23 of Schedule 5
Omit ", or an Internet content host".
38 Paragraphs 23(a) and (b) of Schedule 5
Omit "or host".
39 Clause 27 of Schedule 5
Repeal the clause, substitute:
27 ACMA may investigate matters on its own initiative
If the ACMA thinks that it is desirable to do so, the ACMA may investigate whether an Internet service provider:
(a) has contravened a code registered under Part 5 of this Schedule that is applicable to the provider; or
(b) has contravened an online provider rule that is applicable to the provider.
40 Division 3 of Part 4 of Schedule 5
Repeal the Division.
41 Subclause 40(1) of Schedule 5
After "Division 2", insert "of Part 3 of Schedule 7".
42 Paragraph 41(1)(a) of Schedule 5
After "Division 2", insert "of Part 3 of Schedule 7".
43 Paragraph 42(1)(a) of Schedule 5
Omit "subclause 12(1)", substitute "subclause 24(1) or (2) of Schedule 7".
44 Paragraph 44(1)(a) of Schedule 5
Omit "subclause 12(1)", substitute "subclause 24(1) or (2) of Schedule 7".
45 Clause 52 of Schedule 5
Omit:
* Bodies and associations that represent sections of the Internet industry may develop industry codes.
substitute:
* Bodies and associations that represent the Internet service provider section of the Internet industry may develop industry codes.
46 Clause 55 of Schedule 5
Omit all the words after "is an", substitute "activity that consists of supplying an Internet carriage service.".
47 Clause 56 of Schedule 5
Repeal the clause, substitute:
56 Section of the Internet industry
(1) For the purposes of this Part, a section of the Internet industry is to be ascertained in accordance with this clause.
(2) For the purposes of this Part, the group consisting of Internet service providers constitutes a section of the Internet industry .
48 Subclause 59(1) of Schedule 5
Repeal the subclause.
49 Subclause 59(4) of Schedule 5
Repeal the subclause.
50 Subclause 60(1) of Schedule 5
Omit "both sections", substitute "the Internet service provider section".
Note: The heading to subclause 60(1) of Schedule 5 is replaced by the heading " General matters ".
51 Paragraph 60(1)(g) of Schedule 5
Omit "22 or".
52 Paragraph 60(1)(h) of Schedule 5
Omit "22 or".
53 Paragraph 60(1)(j) of Schedule 5
Before "action", insert "subject to subclause (8A),".
54 Paragraph 60(1)(k) of Schedule 5
Before "giving", insert "subject to subclause (8A),".
55 Paragraph 60(1)(l) of Schedule 5
Before "procedures", insert "subject to subclause (8A),".
56 After paragraph 60(1)(l) of Schedule 5
Insert:
(la) if a determination is in force under subclause (8A) in relation to a device:
(i) procedures to be followed in order to inform the users of such a device of the unavailability of Internet content filtering; and
(ii) procedures directed towards the achievement of the objective of ensuring that customers have the option of blocking access to the Internet using such a device;
57 Paragraph 60(1)(m) of Schedule 5
Omit "relevant", substitute "Internet service provider".
Note: The heading to subclause 60(2) of Schedule 5 is replaced by the heading " Other matters ".
58 Paragraph 60(2)(d) of Schedule 5
Before "procedures" (first occurring), insert "subject to subclause (8A),".
59 After subclause 60(8) of Schedule 5
Insert:
Internet content filtering--devices
(8A) If the Minister is satisfied that Internet content filtering is not viable in relation to access to Internet content using a particular device (for example, a mobile telephone handset), the Minister may, by legislative instrument, determine that paragraphs (1)(j), (k) and (l) and (2)(d) do not apply in relation to access to Internet content using that device.
60 Paragraph 62(1)(h) of Schedule 5
Repeal the paragraph.
61 Paragraphs 79(a), (b), (c) and (d) of Schedule 5
Repeal the paragraphs.
62 Subclause 80(2) of Schedule 5
Repeal the subclause.
63 Subclause 80(3) of Schedule 5
Omit "or (2)".
64 Subclauses 81(1) and (2) of Schedule 5
Omit ", or a specified Internet content host,".
65 Subclause 83(1) of Schedule 5
Omit ", or an Internet content host,".
66 Subclause 83(2) of Schedule 5
Omit "or host" (wherever occurring).
67 Subclause 83(3) of Schedule 5
Omit ", or an Internet content host,".
68 Paragraphs 83(3)(a) and (b) of Schedule 5
Omit "or host".
69 Paragraph 83(3)(b) of Schedule 5
Omit "or host's".
70 Clause 85 of Schedule 5
Repeal the clause, substitute:
85 Federal Court may order a person to cease supplying Internet carriage services
(1) If the ACMA is satisfied that a person who is an Internet service provider is supplying an Internet carriage service otherwise than in accordance with an online provider rule, the ACMA may apply to the Federal Court for an order that the person cease supplying that Internet carriage service.
(2) If the Federal Court is satisfied, on such an application, that the person is supplying an Internet carriage service otherwise than in accordance with the online provider rule, the Federal Court may order the person to cease supplying that Internet carriage service.
71 Subclause 88(3) of Schedule 5
Repeal the subclause.
Note 1: The heading to clause 88 is altered by omitting " and Internet content hosts ".
Note 2: The heading to subclause 88(1) is deleted.
72 Clause 89 of Schedule 5
Repeal the clause.
73 Paragraphs 92(1)(a), (b), (c) and (d) of Schedule 5
Repeal the paragraphs.
74 Subparagraphs 92(1)(g)(i), (ii) and (iii) of Schedule 5
Omit "or an Internet content host".
75 Paragraph 92(1)(h) of Schedule 5
Omit "or an Internet content host".
76 Subclause 92(2) of Schedule 5
Omit "Internet content host or".
77 At the end of the Act
Add:
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