AUSTRALIAN COMMUNICATIONS AUTHORITY BILL 1996 Explanatory Memorandum

Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN COMMUNICATIONS AUTHORITY BILL 1996

1996

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

AUSTRALIAN COMMUNICATIONS AUTHORITY BILL 1996

EXPLANATORY MEMORANDUM

(Circulated by authority of Senator the Hon. Richard Alston, Minister for Communications and the Arts)

79581 Cat. No. 96 5593 5 ISBN 0644 480122

AUSTRALIAN COMMUNICATIONS AUTHORITY BILL 1996

OUTLINE

The Australian Communications Authority Bill 1996 (referred to in the explanatory memorandum as ‘the Bill’ or ‘the ACA Bill’) establishes the Australian Communications Authority, to be known as the ACA, from 1 July 1997. This body will be constituted by staff of the Spectrum Management Agency (SMA) and the Australian Telecommunications Authority (AUSTEL) (apart from those responsible for competition policy matters who will be transferred to the Australian Competition and Consumer Commission). The merger of AUSTEL and the SMA is part of a proposed scheme for regulating telecommunications in Australia from 1 July 1997 under the Telecommunications Bill 1996.

The Bill sets out the functions and powers of the ACA. The ACA’s main functions will be regulating telecommunications in accordance with the proposed Telecommunications Act 1996 and managing the radiofrequency spectrum in accordance with the Radiocommunications Act 1992. Among other things, the ACA will also have the function of advising and assisting the telecommunications industry and the radiocommunications community and of publicising information and conducting public educational programs about matters relating to the telecommunications industry and the radiocommunications community.

The ACA will be a body corporate consisting of a Chairman, a Deputy Chairman and between one and three other members. The Minister may also appoint such associate members as he or she thinks fit for special purposes including inquiries and investigations.

A member or associate member is to be appointed for a period of up to five years and is to be paid such remuneration as is determined by the Remuneration Tribunal.

The ACA Bill includes standard provisions relating to meetings. The ACA will be able to hold such meetings as are necessary for the efficient performance of its functions.

The ACA’s staff will comprise persons appointed or employed under the Public Service Act 1922, persons on loan from other Commonwealth Departments, agencies or Commonwealth controlled companies, and such consultants as the ACA may engage under contract.

As a result of the application of the Audit Act 1901 to the ACA, it will be required to prepare an annual report which the Minister will be required to table in each House of the Parliament.

The ACA Bill allows the ACA to delegate any or all of its functions or powers to its members, associate members or staff and to establish advisory committees to assist it in performing any of its functions.

Finally, the Bill provides for the protection of the ACA name, acronym and any official symbol of the ACA.

FINANCIAL IMPACT

The Bill provides for the ACA to be financed by Parliamentary appropriation. In this regard, the Minister for Finance may give directions as to the amounts in which, and the times at which, money is to be paid to the ACA. Resource needs for the ACA for 1997-98 and forward estimates are to be settled in the context of the 1997-98 Budget. The ACA’s expenditure incurred in administering telecommunications-specific regulation is to be recovered from carriers via annual carrier licence fees. The ACA’s expenditure incurred in administering radiocommunications-specific regulation is to be recovered from the holders of radiocommunications receiver and transmitter licences and radiocommunications spectrum licences.

ABBREVIATIONS

The following abbreviations are used in this explanatory memorandum:

ACA: Australian Communications Authority

ACCC: Australian Competition and Consumer Commission

AUSTEL: Australian Telecommunications Authority

Bill: Australian Communications Authority Bill 1996

CAC Bill: Commonwealth Authorities and Companies Bill 1996

SMA: Spectrum Management Agency

NOTES ON CLAUSES

Part 1–– Introduction

Clause 1 – Short title

Clause 1 provides for the citation of the Australian Communications Authority Act 1996.

Clause 2 – Commencement

Clause 2 provides for the Bill to commence on 1 July 1997.

Clause 3 – Simplified outline

Clause 3 provides a simplified outline of the Bill.

Clause 4 – Definitions

Clause 4 sets out definitions of key terms used in the Bill.

Part 2––Functions and powers of the ACA

Clause 5 – Functions of the ACA

Clause 5 provides that the ACA’s functions are the telecommunications functions mentioned in clause 6, the spectrum management functions mentioned in clause 7 and the additional functions mentioned in clause 8.

Clause 6 – ACA’s telecommunications functions

Clause 6 sets out the ACA’s telecommunications functions.

The ACA’s main telecommunications function will be to regulate telecommunications in accordance with the proposed Telecommunications Act 1996.

As part of this function, the ACA will be able, among other things, to:

• issue carrier licences and cabling licences

• monitor and report annually to the Minister on the performance of carriers and service providers

• register industry codes

• regulate the universal service regime (including monitoring a universal service provider’s fulfilment of its universal service obligation, including compliance with its universal service plan)

• direct certain carriage service providers to join the Telecommunications Industry Ombudsman scheme and exempt specified carriers and eligible carriage service providers, where appropriate, from an obligation to join the scheme

• administer the scheme set out in Part 11 of the Telecommunications Bill to protect residential customers against failure by carriage service providers to provide standard carriage services

• impose requirements on carriers, carriage service providers and the operators of emergency call services in relation to emergency call services

• certify draft agreements relating to defence planning

• make technical standards about customer equipment and customer cabling (to protect the integrity of a telecommunications network or to protect public health and safety) and about the interconnection of networks and facilities

• issue connection permits authorising the connection of non-standard customer equipment and non-standard cabling

• regulate the labelling of customer equipment and customer cabling

• declare that the operation or supply of specified customer equipment or specified customer cabling is prohibited

• make a plan for the numbering of carriage services in Australia

• conduct public inquiries upon being directed by the Minister to do so or of its own volition

• conduct investigations into certain matters relating to telecommunications.

The ACA’s other telecommunications functions will include:

• advising and assisting the telecommunications industry

• reporting to and advising the Minister about the telecommunications industry and matters affecting consumers of carriage services

• managing Australia’s input into the setting of international standards for telecommunications (except so far as the Standards Association of Australia is responsible for managing that input)

• monitoring and reporting to the Minister on all significant matters relating to the licensing of carriers

• publicising information, conducting public educational programs and advising the public about matters relating to the telecommunications industry

• determining charges under the proposed Telecommunications (Carrier Licence Charges) Act 1996 and the proposed Telecommunications (Numbering Charges) Act 1996;

• considering draft telecommunications access codes submitted to it by the ACCC for its consideration under proposed Part XIC of the Trade Practices Act 1974.

The ACA will also be able to do anything incidental to or conducive to the performance of any of the above functions (paragraph 6(k)).

Clause 7 – ACA’s spectrum management functions

Clause 7 sets out the ACA’s spectrum management functions.

The ACA’s main spectrum management function will be to manage the radiofrequency spectrum in accordance with the Radiocommunications Act 1992.

As part of this function, the ACA will, among other things:

• prepare spectrum plans and frequency band plans

• prepare conversion plans and marketing plans necessary to enable selected parts of the spectrum to be allocated or re-allocated under the spectrum licensing system

• recommend to the Minister that the Minister make a spectrum re-allocation declaration in relation to one or more specified parts of the spectrum

• licence radiocommunications under spectrum licences (under which licensees may use parts of the spectrum), apparatus licences (comprising transmitter and receiver licences) under which licensees may operate the radiocommunications devices to which the licences relate and class licences (under which any person may operate radiocommunications devices that come within the terms of the licences)

• make standards for transmitters and radiocommunications receivers, including the radio emissions made by these devices

• require transmitters and radiocommunications receivers to be labelled to indicate whether they comply with standards, technical licence specifications or class licences

• declare that operation or supply of a specified transmitter or receiver is prohibited because it is designed to have an adverse effect on radiocommunications or would be likely substantially to interfere with or disrupt or disturb radiocommunications

• hold public inquiries into management of the radiofrequency spectrum and other aspects of radiocommunication

• make advisory guidelines about any aspect of radiocommunication or radio emission.

The ACA’s other spectrum management functions will include:

• advising and assisting the radiocommunications community

• reporting to and advising the Minister in relation to the radiocommunications community

• managing Australia’s input into the setting of international standards for radiocommunications (except so far as the Standards Association of Australia is responsible for managing the input)

• publicising information, conducting public educational programs and advising the public about matters relating to the radiocommunications community

• determining the amount of tax in respect of the issue of a receiver licence, a transmitter licence and entering into arrangements with others for the collection of these taxes on behalf of the Commonwealth.

The term ‘radiocommunications community’ is defined in cl. 4 to include users of radiocommunications and persons who sell, hire, manufacture or import radiocommunications transmitters and radiocommunications receivers. By contrast, the term ‘telecommunications industry’ as defined in cl. 7 of the Telecommunications Bill 1996 encompasses, among other things, an industry involving carrying on business as a carrier or as a carriage service provider, supplying goods and services for use in connection with the supply of a listed carriage service and manufacturing or importing customer equipment or customer cabling. The terms ‘telecommunications industry’ and ‘radiocommunications community’ reflect the different regulatory focus of the Telecommunications Bill 1996 and the Radiocommunications Act 1992. The new Telecommunications Act will primarily regulate carriers and other suppliers of carriage services, whereas the Radiocommunications Act regulates all users of radiocommunications.

The ACA will also be able to do anything incidental to or conducive to the performance of any of the above functions (cl. 7(i)).

Clause 8 – ACA’s additional functions

Clause 8 sets out the ACA’s additional functions.

As a result of the merger of the SMA and AUSTEL, the ACA will have highly developed technical expertise and skills and is likely to be asked by participants in the telecommunications industry and by private individuals to provide assistance in solving technical problems. Paragraph 8(1)(a) will allow the ACA to provide its services or facilities (such as conference rooms) on a commercial basis if requested to do so where:

• the services or facilities relate to radiocommunications or telecommunications; or

• the provision of the services or facilities utilises the ACA’s spare capacity (eg. if technical experts at the ACA are not fully occupied at a particular time, the ACA will be able to make their services, and the ACA’s facilities, available on a commercial basis); or

• the provision of the services or facilities will maintain or improve the specialised technical skills of the ACA’s staff in relation to radiocommunications or telecommunications.

Paragraph 8(1)(b) provides that the ACA’s additional functions include such functions as are conferred on the ACA by or under:

• this Bill (apart from its telecommunications functions and spectrum management functions under cls. 6 and 7); or

• any other law apart from the proposed Telecommunications Act 1996 and related Charges Acts set out in subcl. 8(3), proposed Part XIC of the Trade Practices Act 1974 (dealing with the telecommunications access regime) or the radiocommunications legislation set out in subcl. 8(3).

The ACA will also be able to do anything incidental to or conducive to the performance of any of these functions (paragraph 8(1)(c)).

The ACA will not, however, be able to provide its services or facilities on a commercial basis under paragraph (1)(a) if this would impede the ACA’s capacity to perform its other functions (subcl. 8(2)).

Clause 9 – Powers

The ACA will have the power to do all things necessary or convenient to be done for or in connection with the performance of its functions. Without limiting the generality of this power, the ACA will have the power to enter into contracts and agreements.

Clause 10 – General governmental obligations of the ACA

The ACA will be required to perform its functions in a manner consistent with any Commonwealth Government policies that are to apply to the ACA, as notified by the Minister under cl. 11 and any directions given to the ACA by the Minister under cl. 12 in relation to the performance of the ACA’s functions and the exercise of its powers.

As a result of cl. 55, the ACA will be required to keep a public register of these policy notifications and Ministerial directions.

If the CAC Bill is passed and commences on or after 1 July 1997, cl. 10 will be repealed and cl. 12 will be amended to require the ACA to perform its functions in a manner consistent with any directions given by the Minister under subcl. 12(1) in relation to the performance of the ACA’s functions and the exercise of its powers (see items 1 and 3 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996). The ACA will also be required to perform its functions in a manner consistent with s. 28 of the CAC Act. This provision allows the Minister to notify ACA members, after consultation with them, of general policies of the Commonwealth Government that are to apply to the ACA. Proposed s. 28 of the CAC Act is intended to cover the notification of government policies that are applicable to the Commonwealth public sector in general, such as policies on equal employment opportunity.

Clause 11 – Minister may notify the ACA of policies of Commonwealth Government

Clause 11 allows the Minister to notify the ACA in writing of general Commonwealth Government policies that are to apply in relation to the ACA and requires the ACA to ensure that the policies are carried out.

As a result of cl. 55, the ACA will be required to keep a public register of these policy notifications.

If the CAC Bill is passed and commences on or after 1 July 1997, cl. 11 will be repealed and proposed s. 28 of the CAC Act will operate (see item 2 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

Clause 12 – Minister may give directions to the ACA

Clause 12 allows the Minister to give written directions to the ACA in relation to the performance of its functions and the exercise of its powers. Any such directions must be published in the Commonwealth Gazette.

As a result of cl. 55, the ACA will be required to keep a public register of these Ministerial directions.

If the CAC Bill is passed and commences on or after 1 July 1997, cl. 12 will be amended to provide that:

(a) the ACA must perform its functions in a manner consistent with any directions given by the Minister under subcl. 12(1) in relation to the performance of the ACA’s functions and the exercise of its powers; and

(b) cl. 12 does not affect the application of proposed s. 28 of the CAC Act, which allows the Minister to notify ACA members, after consultation with them, of general policies of the Commonwealth Government that are to apply to the ACA

(see item 3 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

Clause 13 – ACA not otherwise subject to government direction

Except as otherwise provided by or under this Bill or other legislation, the ACA will not be subject to direction by or on behalf of the Commonwealth Government.

Part 3––Establishment and membership of the ACA

Clause 14 – ACA

Clause 14 continues the existence of AUSTEL under the name Australian Communications Authority (which will also be known as the ACA). The staff of the ACA will comprise staff of the SMA and AUSTEL (apart from those responsible for competition policy matters who will be transferred to the ACCC).

Clause 15 – ACA is a body corporate

The ACA will be a body corporate, with perpetual succession. It will also have a seal, will be able to acquire, hold and dispose of property and to sue and be sued in its corporate name (subcl. 15(1)). In addition, it will have the power to enter into contracts and agreements (see subcl. 9(2)).

If the CAC Bill is passed and commences on or after 1 July 1997, a Note will be added to the end of subcl. 15(1) to the effect that the CAC Act applies to the ACA and that that Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment and conduct of officers (see item 4 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

The ACA’s seal is to be kept in safe custody and must not be used except as authorised by the ACA (subcl. 15(2)).

All courts, judges and other persons acting in a judicial capacity will be required to take judicial notice of the imprint of the ACA’s seal on a document and presume that the imprint was duly affixed (subcl. 15(3)).

Clause 16 – Membership

The ACA will consist of a Chairman, a Deputy Chairman and between one and three other members.

Clause 17 – Appointment of members

The ACA’s members will be appointed by the Governor-General (subcl. 17(1)). The Chairman and the Deputy Chairman are to be appointed as full-time members (subcl. 17(2) and other members may be appointed either as full-time or as part-time members (subcl. 17(3)).

Clause 18 – Appointment of associate members

The Minister will be able to appoint such associate members as he or she thinks fit (subcl. 18(1)). An associate member may be appointed either as a full-time or as a part-time associate member (subcl. 18(2)).

Associate members will be appointed for specified and not general purposes. An associate member’s instrument of appointment will be required to state that the appointment relates to:

• a public inquiry held, or proposed to be held under the proposed Telecommunications Act 1996 or under the Radiocommunications Act 1992; or

• an investigation conducted, or proposed to be conducted, under the proposed Telecommunications Act 1996; or

• any other matter that relates to the performance of the ACA’s functions or the exercise of the ACA’s powers (subcl. 18(3)).

Clause 19 – Associate members to be treated as members for certain purposes

If an associate member is appointed for the purposes of a public inquiry, the associate member is to be treated as a member for all purposes in connection with the inquiry (including hearings relating to the inquiry) (subcl. 19(1)). For example, this will allow the ACA Chairman to determine, under proposed subsec. 475(3) of the Telecommunications Act 1996, that a hearing held for the purposes of a public inquiry is to be constituted by an associate member or by associate members.

If an associate member is appointed for the purposes of an investigation, the associate member is to be treated as a member for all purposes in connection with the conduct of the investigation (subcl. 19(2)).

If an associate member is appointed to deal with another specified matter, the associate member is to be treated as a member for all purposes in connection with that matter (subcl. 19(3)).

An associate member is entitled to attend, and participate in discussions, at meetings of the ACA while a matter specified in the associate member’s instrument of appointment is being considered (subcl. 19(4)).

An associate member will have a deliberative vote on a matter specified in the associate member’s instrument of appointment when a vote is taken on that matter at an ACA meeting at which the associate member is present (subcl. 19(5)).

If the CAC Bill is passed and commences on or after 1 July 1997, a new subcl. 19(6) will be added to the effect that, as a general rule, an associate member of the ACA will be taken not to be a director of the ACA for the purposes of the CAC Act. This will mean, for example, that an associate member will not need to be involved in the preparation of annual reports or estimates of receipt and expenditure (see item 5 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996). The exception to this general rule is contained in the replacement to cl. 30, to take effect on the commencement of the CAC Act, which will require associate members to disclose material personal interests (see item 6 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

Clause 20 – Qualification of members and associate members

Clause 20 is similar to s. 370 of the Telecommunications Act 1991. It provides that a person is not to be appointed as a member or associate member of the ACA unless he or she appears to the appointing authority (the Governor-General in the case of a member and the Minister in the case of an associate member – see cl. 4 definition of ‘appointing authority’) to be qualified for appointment because of his or her knowledge of, or experience in, one or more of certain specified fields. These fields are industry, commerce, technology, consumer affairs, economics, law, public administration, town planning and conservation of natural or cultural heritage.

Clause 21 – Vacancy not to affect performance of functions

A vacancy in the membership or the ACA will not render invalid or otherwise affect the performance of the ACA’s functions, or the exercise of its powers.

Part 4––Meetings of the ACA

Clause 22 – Times and places of meetings

The ACA is to hold such meetings as are necessary for the efficient performance of its functions (subcl. 22(1)).

The general rule is that meetings are to be held at such times and places as the ACA determines (subcl. 22(2)). This rule is subject to the following qualifications:

• the Chairman may call a meeting at any time (subcl. 22(3))

• the Chairman must call a meeting if the Minister so requests in writing (subcl. 22(4))

• the Chairman must call a meeting if requested to do so in writing by at least 2 members (not including associate members) (subcl. 22(5)).

It is also open to the ACA to permit its members to participate in a meeting, or all meetings, of the ACA by telephone, closed-circuit television or any other means of communication. A member who participates in a meeting under such permission is taken to be present at the meeting (see s. 33B of the Acts Interpretation Act 1901).

Clause 23 – Notice of meetings

Each member is entitled to receive notice of the ACA’s meetings (subcl. 23(1)).

If an associate member is entitled to attend a particular ACA meeting because of his or her terms of appointment (see subcl. 19(4)) the associate member is entitled to receive notice of the meeting (subcl. 23(2)).

Clause 24 – Presiding at meetings

The Chairman is to preside at all meetings at which he or she is present (subcl. 24(1)). In the absence of the Chairman, the Deputy Chairman is to preside (subcl. 24(2)). In the absence of both the Chairman and the Deputy Chairman, the members (other than associate members) present are to appoint one of their number to preside (subcl. 24(3)).

Clause 25 – Quorum

A majority of the ACA’s members will constitute a quorum at an ACA meeting. Associate members of the ACA present at a meeting will not be counted for the purposes of a reaching a quorum. (The term ‘member’ is defined in cl. 4 to exclude associate members.)

Clause 26 – Voting at meetings

Questions at meetings will be decided by a majority of the votes of the members present and voting and of any associate members entitled to be present and to vote (subcls. 26(1) and (3)).

The person presiding at a meeting will have a deliberative vote and, if necessary, also a casting vote, ie. the deciding vote when the votes on each side are equal (subcl. 26(2)).

Clause 27 – Conduct of meetings

Subject to Part 4 of the Bill, the ACA may regulate proceedings at its meetings as it considers appropriate.

Clause 28 – Resolutions without meetings

Clause 28 allows the ACA to determine a method by which a particular matter, or a range of matters, can be resolved without holding a meeting.

If the ACA determines such a method and determines that it is to apply in relation to a particular matter or particular matters, a resolution in relation to the matter or matters is taken to have been passed at a meeting of the ACA if:

• without meeting, a majority of interested members indicate their agreement in accordance with the method determined by the ACA; and

• all interested members were informed of the proposed resolution, or reasonable efforts had been made to inform them of it (subcls. 28(1) and (2)).

For the purposes of cl. 28, the term ‘interested members’ is defined to mean the members and the associate members who would have been entitled to vote on the resolution at a meeting of the ACA if they had been present at the meeting (subcl. 28(3)).

Clause 29 – Minutes

Clause 29 requires the ACA to keep minutes of its meetings.

Clause 30 – Disclosure of interests

A member, or an associate member, of the ACA who has a material personal interest in a matter being considered by the ACA will be required, as soon as possible after the relevant facts have come to his or her knowledge, to disclose the nature of the interest at a meeting of the ACA (subcl. 30(1)).

Disclosures of material personal interests are to be recorded in the minutes of the meeting. As a general rule, the member or associate member disclosing the pecuniary interest in a matter will not be permitted to be present during any deliberation by the ACA about the matter or to take part in any decision of the ACA relating to it. The Minister or the ACA may, however, make a determination allowing the member or associate member to be present and/or to take part in any decisions on the matter. Any member or associate member who has a material personal interest in a matter which is the subject of such a determination will not be permitted to be present during any deliberation by the ACA for the purposes of making the determination or to take part in making the determination (subcls. 30(2) and (3)).

If the CAC Bill is passed and commences on or after 1 July 1997, cl. 30 will be repealed and replaced by a provision to the effect that for the purposes of proposed s. 21 of the CAC Act, associate members of the ACA will be taken to be directors of the ACA.

As a result of the operation of proposed s. 21 of the CAC Act, members and associate members of the ACA having a material personal interest in a matter that is being considered, or is about to be considered, by them will be required to disclose the nature of the interest at an ACA meeting.

This disclosure will have to be made as soon as possible after the relevant facts have come to the knowledge of the member or associate member and will be required to be recorded in the minutes of the meeting.

Unless the other members and associate members of the ACA or the Minister otherwise determine, the member or associate member disclosing the interest will not be able to be present during any deliberation, or to take part in any decision, on it. Nor can that member or associate member be present during any deliberation on whether to make the determination or take part in making the determination (see item 6 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

Part 5––Administrative provisions

Division 1––Members and associate members

Clause 31 – Term of appointment

A member of the ACA is to be appointed for a period of up to 5 years specified in the instrument of appointment (subcl. 31(1)). As a result of subsection 33(4A) of the Acts Interpretation Act 1901 (which provides that in any Act ‘appoint’ includes re-appoint) a member or associate member will be able to be re-appointed for further periods of up to 5 years.

If an associate member is appointed for the purposes of a public inquiry under the proposed Telecommunications Act 1996 or the Radiocommunications Act 1992, the associate member’s appointment will begin at the time specified in the instrument of appointment and end at the end of the day on which the ACA completes its report about the inquiry (subcl. 31(2)).

If an associate member is appointed for the purposes of an investigation under the proposed Telecommunications Act 1996, the associate member’s appointment will begin at the time specified in the instrument of appointment and end after the day on which the ACA completes the preparation of its report about the investigation (subcl. 31(3)).

If an associate member is appointed to deal with some other specified matter, the associate member is to be appointed for the period of up to 5 years specified in the instrument (subcl. 31(4)).

Clause 32 – Remuneration and allowances

A member or associate member is to be paid such remuneration as is determined by the Remuneration Tribunal (subcl. 32(1)). If no determination of that remuneration is in operation, the member or associate member is to be paid such remuneration as is prescribed by the Regulations (subcl. 32(2)).

A member or associate member is to be paid such allowances as are prescribed by the Regulations (subcl. 32(3)).

Clause 32 has effect subject to the Remuneration Tribunal Act 1973 which provides for the Remuneration Tribunal to conduct inquiries and make determinations on the remuneration of certain office holders (subcl. 32(4)).

Clause 33 – Other benefits

Clause 33 provides a degree of flexibility in setting the remuneration package of, say, a particular individual currently employed in the private sector who, in the absence of benefits in addition to basic remuneration, may decline an offer of appointment as a member or associate member of the ACA.

Clause 33 is based on subclauses 2(3) and (4) of Schedule 3 to the Broadcasting Services Act 1992. It provides that in addition to any remuneration or allowances payable to a member or associate member under clause 32, a member or associate member is to be paid such benefits as the Minister determines in writing. Those benefits may include benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave or superannuation.

Clause 34 – Outside employment

The Chairman will not be able to engage in paid employment outside the duties of his or her office unless the Minister agrees in writing (subcl. 34(1)).

The other full-time members and the full-time associate members will not be able to engage in paid employment outside the duties of their offices unless the Chairman agrees in writing (subcl. 34(2)).

A part-time member or part-time associate member will not be able to engage in any paid employment that, in the Minister’s opinion, conflicts, or may conflict, with the proper performance of his or her duties (subcl. 34(3)).

Clause 35 – Leave of absence

Subject to section 87E of the Public Service Act 1922 (which deals with the preservation of leave entitlements that have accrued as a result of previous Commonwealth employment) a full-time member or full-time associate member will have such recreation leave entitlements as are determined by the Remuneration Tribunal (subcl. 35(1)).

The Minister may grant the Chairman leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing (subcl. 35(2)).

The Chairman may grant another full-time member or a full-time associate member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chairman determines in writing (subcl. 35(3)).

The Chairman may grant leave to a part-time member or part-time associate member to be absent from a meeting or meetings of the ACA (subcl. 35(4)).

Clause 36 – Resignation

An ACA member may resign by way of a signed document sent to the Governor-General. An associate member of the ACA may resign by way of a signed document sent to the Minister (cl. 36 and cl. 4, definition of ‘appointing authority’).

Clause 37 – Termination of appointment

The Governor-General will be obliged to terminate the appointment of an ACA member if the Minister is of the opinion that the member’s performance has been unsatisfactory for a significant period of time. The Minister will be obliged to terminate the appointment of an associate member of the ACA if the Minister is of the opinion that the associate member’s performance has been unsatisfactory for a significant period of time (subcl. 37(1) and cl. 4, definition of ‘appointing authority’).

The Governor-General will be obliged to terminate the appointment of all the members and associate members if the Minister is of the opinion that the performance of the ACA has been unsatisfactory for a significant period of time (subcl. 37(2)).

The Governor-General will have a discretion to terminate the appointment of a member on the grounds of misbehaviour or physical or mental incapacity. The Minister will have a discretion to terminate the appointment of an associate member on the same grounds (subcl. 37(3) and cl. 4, definition of ‘appointing authority’).

Subclause 37(4) gives the Governor-General (in the case of a member) and the Minister (in the case of an associate member) a discretion to terminate the appointment of a member or associate member if:

(a) the member or associate member becomes bankrupt, applies for relief from bankruptcy, enters into an arrangement with creditors regarding the payment of his or her debts or assigns all or part of his or her remuneration for the benefit of creditors; or

(b) the member or associate member (being full-time) engages in paid outside employment without the Minister’s approval or is absent from duty, except on leave of absence as provided for under cl. 35, for 14 consecutive days or for 28 days in any 12 months;

(c) the member or associate member (being part-time) engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of his or her duties or is absent, except on leave of absence as provided for under cl. 35, from 3 consecutive meetings of the ACA; or

(d) a member or associate member fails, without reasonable excuse, to comply with clause 30, which requires the disclosure of material personal interests at an ACA meeting.

If the CAC Bill is passed and commences on or after 1 July 1997, paragraph 37(4)(d) will be replaced by a provision to the effect that the appointment of an ACA member or associate member may be terminated if the member or associate member fails, without reasonable excuse, to comply with proposed s. 21 of the CAC Act (in so far as that section relates to the ACA). That provision requires members and associate members of the ACA having a material personal interest in a matter that is being considered, or is about to be considered, by them to disclose the nature of the interest at an ACA meeting (see item 7 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

The appointment of all ACA members or of particular ACA members will also be able to be terminated if the Minister is of the opinion that the ACA members have failed to comply with the requirement under cl. 48 to prepare a corporate plan or the annual reporting requirements under cl. 50 and s. 63H of the Audit Act 1901 (subcls. 37(5) and (6)). If the CAC Bill is passed and commences on or after 1 July 1997, the reference to s. 63H of the Audit Act 1901 will be replaced by a reference to proposed s. 9 of the CAC Act which will require ACA members to prepare an annual report (see item 8 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

If the CAC Bill is passed and commences on or after 1 July 1997, a new subcl. 37(7) will added to the effect that if the Minister is of the opinion that ACA members have failed to comply with:

(a) subsection 13(2) of the CAC Act (which requires the preparation of interim financial statements in accordance with the Finance Minister’s Orders) in so far as that subsection relates to the ACA; or

(b) subsection 15(1) of the CAC Act (which requires the Minister to be notified of significant events) in so far as that subsection relates to the ACA; or

(c) paragraph 16(1)(a) or (b) of the CAC Act (which requires the Minister to be kept informed about the ACA’s operations and to give the Minister such information in relation to those operations as he or she requires) in so far as those paragraphs relate to the ACA;

the Governor-General may terminate the appointment of all members or particular members (see item 9 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

Clause 38 – Other terms and conditions

Clause 38 is based on s. 387 of the Telecommunications Act 1991 (section 387 covers both members and associate members as a result of the definition of ‘member’ in s. 5 of that Act).

The effect of clause 38 is that:

(a) an ACA member will hold office on such further terms and conditions (if any) as are determined by the Governor-General; and

(b) an associate member of the ACA will hold office on such further terms and conditions (if any) as are determined by the Minister.

Clause 39 – Acting appointments

The Deputy Chairman, or the Acting Deputy Chairman, is to act as the Chairman during a vacancy in the office of Chairman or during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office (subcl. 39(1) and s. 33A of the Acts Interpretation Act 1901).

The Minister will be empowered to appoint a member to act as the Deputy Chairman during a vacancy in the office of Deputy Chairman or during any period, or during all periods, when the Deputy Chairman is acting as the Chairman, is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office (subcl. 39(2)).

The Minister will be empowered to appoint a person to act as a member (other than as Chairman or Deputy Chairman) during a vacancy in the office of a member or during any period, or during all periods, when a member is acting as the Deputy Chairman, is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office (subcl. 39(3)).

A defect or irregularity in connection with a person’s appointment to act under cl. 39 will not invalidate anything done by the person when purporting to act under this clause. Nor will certain other technicalities viz. the occasion for the appointment not having arisen, the appointment ceasing to have effect and the occasion for the person to act not having arisen or having ceased (subcl. 39(4)).

Section 33A of the Acts Interpretation Act 1901 contains further provisions dealing with acting appointments which are relevant to acting appointments made under cl. 39. The effect of these provisions is that:

(a) an acting appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment;

(b) the appointer may determine the terms and conditions of the appointment, including remuneration and allowances and terminate the appointment at any time;

(c) where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months;

(d) where the appointee is acting in an office other than a vacant office and the office becomes vacant while the appointee is acting then, unless his or her instrument of appointment provides otherwise, the appointee may continue to act until the appointer otherwise directs, the vacancy is filled or a period of 12 months from the day the vacancy ends, whichever happens first;

(e) the appointment ceases to have effect if the appointee resigns in writing directed to the appointer;

(f) while the appointee is acting in the office, he or she has and may exercise all the powers, and is to perform all the functions and duties, of the holder of the office and the ACA Bill and any other legislation will apply in relation to the appointee as if the appointee were the holder of the office.

Division 2––Staff of the ACA

Clause 40 – Staff of the ACA

Clause 40 is based on subsections 403(1) and (2) of the Telecommunications Act 1991.

The ACA’s staff will consist of public servants appointed or employed under the Public Service Act 1922 (subcl. 40(1)).

The Chairman of the ACA will have all the powers of a Secretary under the Public Service Act (subcl. 40(2)).

It is not appropriate for the ACA to be obliged to prepare financial statements under
s. 50 of the Audit Act 1901. The ACA will not, therefore, be taken to be a Department for the purposes of that provision. The ACA will be obliged to prepare financial statements under Part XI of the Audit Act (subcl. 40(3)).

If the CAC Bill is passed and commences on or after 1 July 1997, subcl. (3) will be repealed (see item 10 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996. The ACA will then be subject to the reporting obligations under the CAC Act.

Clause 41 – Arrangements with authorities of the Commonwealth

Clause 41 will allow the ACA to make an arrangement with a Commonwealth Department, body or company for one of their officers or employees to be made available to the ACA or for one or more of the ACA’s officers or employees to be made available to that Department, body or company (cf. subsec. 403(3) of the Telecommunications Act 1991).

Clause 42 – Consultants

Clause 42 will allow the ACA to engage consultants with suitable qualifications and experience. The terms and conditions on which any consultant is engaged will generally be set out in the contract of engagement (cf. s. 404 of the Telecommunications Act 1991).

Division 3––Finances of the ACA

Clause 43 – Money of the ACA

Clause 43 is based on s. 389 of the Telecommunications Act 1991.

The ACA will be funded by way of Parliamentary appropriation (subcl. 43(1)). The Minister for Finance will be able to give directions as to the amounts in which, and the times at which, appropriated funds are to be paid to the ACA (subcl. 43(2)).

Clause 44 – Application and investment of money held by the ACA

Clause 44 is based on s. 390 of the Telecommunications Act 1991.

Subclause 44(1) indicates how the ACA’s money may be applied. This provision operates subject to subclause 44(2) which allows surplus money of the ACA (ie money that is not immediately required for the ACA’s purposes) to be invested on deposit with an approved bank, in Commonwealth securities and in any other manner approved by the Treasurer.

If the CAC Bill is passed and commences on or after 1 July 1997, subcl. 44(2) will be repealed and replaced by a provision to the effect that surplus money of the ACA may be invested in accordance with proposed s. 18 of the CAC Act which will permit the ACA’s surplus money to be invested:

(a) on deposit with the Reserve Bank, a bank authorised under the Banking Act 1959 to carry on banking business in Australia, a bank established by or under a State Act or any other bank that the Treasurer approves;

(b) in Commonwealth, State or Territory securities;

(c) in securities guaranteed by the Commonwealth, a State or a Territory; or

(d) in any other manner approved by the Treasurer

(see item 11 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

Clause 45 – Estimates

Clause 45 is based on s. 391 of the Telecommunications Act 1991.

The ACA will be required to prepare estimates, in such form as the Minister requires, of its receipts and expenditure for each financial year and for any other period specified by the Minister in a direction (subcl. 45(1)).

The Minister will be able to direct the ACA to submit these estimates to the Minister not later than the date specified by the Minister in the direction (subcl. 45(2)).

If the CAC Bill is passed and commences on or after 1 July 1997, cl. 45 will be repealed (see item 12 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996. Proposed s. 14 of the CAC Act will then operate. As a result of that provision, the members of the ACA will be required to prepare estimates of receipts and expenditure for each financial year and for any other periods directed by the Minister. These estimates will have to be in the form required by the Minister and be given to the Minister within the time that the Minister requires.

Clause 46 – Limitation on contracts

Clause 46 is based on s. 392 of the Telecommunications Act 1991, but increases the contractual limit from $1 million to $2 million. It provides that the ACA must obtain the Minister’s approval before entering into a contract under which the ACA is to pay or receive more than $2 million, or such higher amount as is specified in the Regulations.

If the CAC Bill is passed and commences on or after 1 July 1997, as a result of proposed s. 19A of the CAC Act the limitation on contracts contained in cl. 46 of the ACA Bill will not apply to a contract for the investment of the ACA’s surplus money under proposed subsec. 18(3) of the CAC Act.

Application of Division 2 of Part XI of the Audit Act

As a result of s. 63CA of the Audit Act 1901, the ACA will be subject to Division 2 of Part XI of the Audit Act. This will require the ACA to open and maintain bank accounts, to keep proper accounts and records of its financial transactions and affairs in accordance with commercial accounting principles, to have its accounts and records of its financial transactions audited by the Auditor-General and to prepare an annual report and submit it to the Minister together with audited financial statements. The Minister will be required to have copies of the annual report and financial statements, together with the Auditor-General’s report, laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.

If the CAC Bill is passed and commences on or after 1 July 1997, the ACA will be subject to the reporting and other obligations set out in Part 3 of the CAC Act. These obligations include requirements:

(a) to prepare an annual report (including a report of the ACA’s operations, financial statements for the ACA and the Auditor-General’s report on these financial statements) and give it to the Minister who must cause it to be tabled in each House of Parliament as soon as practicable (CAC Act, s. 9);

(b) to keep the Minister informed about the ACA’s operations and to give the Minister such reports, documents and information in relation to those operations as the Minister requires (CAC Act s. 16);

(c) to pay all money received by the ACA into a bank account with an approved bank (CAC Act subsec. 18(2)); and

(d) to keep proper accounting records (CAC Act s. 20).

Clause 47 – Liability to taxation

Unless the regulations provide otherwise, the ACA will not be subject to taxation under Commonwealth, State or Territory law (subcls. 47(1) and (3)). Goods that are for use by the ACA will not be subject to sales tax (subcl. 47(2)).

Division 4––Corporate plans

Clause 48 – Corporate plans

The ACA will be required to prepare a corporate plan at least once a year and give it to the Minister (subcl. 48(1)).

The plan will be required to cover a period of at least 3 years (subcl. 48(2)).

The plan will be required to include details of the ACA’s objectives, the strategies and policies that are to be followed by the ACA in order to achieve those objectives and such other matters as the Minister requires (subcl. 48(3)).

The Chairman of the ACA will be required to keep the Minister informed about changes to the plan and matters that might significantly affect the achievement of the objectives set out in the plan (subcl. 48(4)).

The Minister will be able to give the ACA Chairman written guidelines to be used by the Chairman in deciding whether a matter might significantly affect the achievement of the objectives set out in the plan (subcl. 48(5)).

Division 5––Delegation

Clause 49 – Delegation

With the exception of the ACA’s power to make, vary or revoke a disallowable instrument, which will not be able to be delegated, cl. 49 will permit the ACA to delegate any or all of its functions or powers, by way of an instrument in writing, to an ACA member, an associate member of the ACA, an ACA staff member or a person whose services have been made available to the ACA by a Commonwealth Department, agency or company. Clause 49 is based on s. 405 of the Telecommunications Act 1991.

It is not practicable to limit this power of delegation to senior officers of the ACA. Many of the ACA’s routine administrative decisions, such as the issue of cabling licences, customer equipment permits and radiocommunications licences, will be made by officers of the organisation at junior levels. Important decisions, such as the making of delegated legislation, will not be able to be delegated.

Division 6––Annual report

Clause 50 – Annual report

Clause 50 sets out matters that must be included in the ACA’s annual report
(subcl. 50(1)).

The annual report will be required to include a copy of:

(a) any Ministerial notification given to the ACA during the financial year under
cl. 11 (or under proposed s. 28 of the CAC Act) of general policies of the Commonwealth Government that are to apply in relation to the ACA; and

(b) any Ministerial direction given to the ACA during the financial year under cl. 12 in relation to the performance of its functions and the exercise of its powers (paragraphs 50(2)(a) and (b) and item 14 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

The annual report will also be required to include a copy of any instrument that the ACA gave to a carrier or carriage service provider under cl. 565 of the Telecommunications Bill during the financial year to which the annual report relates in connection with performing any of the ACA’s telecommunications functions or exercising any of the ACA’s telecommunications powers if, in the ACA’s opinion, the instrument contains no confidential information (paragraph 50(2)(c)).

If an instrument made under cl. 565 does, in the ACA’s opinion, contain confidential information:

(a) if, in the ACA’s opinion, part of the instrument can be reproduced in the annual report without disclosing confidential information, the report is to include a copy of that part;

(b) if paragraph (a) does not apply, the annual report is to include:

(i) a statement specifying the instrument and the carrier or carriage service provider to which, and the day on which, it was given; and

(ii) a statement that, because of confidential information contained in the instrument, or in a part of it, as the case requires, the instrument or part is not reproduced in the annual report; and

(iii) a note summarising so much of the instrument as is not so reproduced, but without disclosing any information that, in the ACA’s opinion, is confidential (paragraph 50(2)(d)).

The annual report is also to include a report on:

(a) the number and types of complaints made under Part 26 of the proposed Telecommunications Act 1996 during the financial year; and

(b) the investigations conducted under Part 26 of that Act during the financial year as a result of complaints made under Part 26; and

(c) the results of those investigations

(paragraph 50(2)(e), cf. Telecommunications Act 1991 s. 393(2)).

The ACA’s annual report will also be required to include:

(a) a report on the operation during the financial year of Part 6 of the proposed Telecommunications Act 1996 (which deals with industry codes and industry standards); and

(b) a report setting out statistical information provided to the ACA by a carrier or carriage service provider under cl. 293 of the proposed Telecommunications Act 1996 relating to information or documents disclosed under Division 3 of Part 13 of that Act (which authorises the disclosure of certain protected information in certain circumstances eg. the contents of communications carried by carriers or carriage service providers) (paragraphs 50(2)(f) and (g)).

Part 6––Advisory committees

Clause 51 – Advisory committees

Clause 51 is based on s. 53 of the Telecommunications Act 1991. It provides that the ACA may establish advisory committees in writing to assist it in performing any of its functions. Such an advisory committee will consist of such persons as the ACA from time to time appoints to the committee. The ACA will be able to give an advisory committee written directions as to the way in which the committee is to carry out its functions and procedures to be followed in relation to meetings.

Any advisory committee already established by the ACA under s. 53 of the Telecommunications Act 1991 that is in existence immediately before 1 July 1997 will be taken to have been established under clause 51 of the ACA Bill. The ACA will, however, have to review the existence of such a committee before 30 June 1998 (see
cl. 22 of the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

Part 7––Miscellaneous

Clause 52 – Charges relating to the ACA’s costs

Clause 52 is based on s. 293 of the Radiocommunications Act 1992 as proposed to be amended by items 88 and 89 of Schedule 1 to the Radiocommunications Amendment Bill 1996.

Subclause 52(1) provides that the ACA will be able to make a written determination fixing charges for:

(a) services or facilities provided by the ACA; and

(b) any matter in relation to which expenses are incurred by the ACA under:

(i) the Australian Communications Authority Act 1996; or

(ii) the proposed Telecommunications Act 1996 – see, for example, cls. 77, 83, 377, and 409 of the Telecommunications Bill 1996; or

(iii) the Radiocommunications Act 1992 – see, for example, ss. 67(a), 107(1)(c)(i), 109(1)(b)(i), 146(2)(b) and 263(1)(b) of the Radiocommunications Act 1992 as proposed to be amended by Part 2 of Schedule 2 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996; or

(iv) an instrument made under the proposed Telecommunications Act 1996 or the Radiocommunications Act 1992;

and specifying the persons by whom, and the times when, the charges are payable.

Subclause 52(2) provides that a charge fixed under subcl. (1) must be reasonably related to the expenses incurred or to be incurred by the ACA in relation to the matters to which the charge relates and must not be such as to amount to taxation.

Subclause 52(3) provides that cl. 52 does not apply to services or facilities that the ACA provides under contract, ie. because there is no compulsion in such a case for the other party to the contract to use the ACA’s services or facilities.

Subclause 52(4) provides that a determination made by the ACA under subcl. (1) is a disallowable instrument.

As a consequence of cl. 52, s. 293 of the Radiocommunications Act 1992 will be repealed with effect from 1 July 1997 – see item 20 of Schedule 2 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996.

Clause 53 – Definitions determination

The ACA will be able to make a disallowable determination setting out definitions of terms used in instruments made by the ACA under Commonwealth laws such as the Radiocommunications Act 1992, the proposed Telecommunications Act 1996, the proposed Australian Communications Authority Act 1996, and associated tax legislation (subcls. 53(1) and (2)).

This will facilitate the standardisation of terms in such instruments, and the ready amendment of terms without the need for amendment to each affected instrument. It will operate in addition to cl. 573 of the Telecommunications Bill which allows instruments under that Bill to provide for matters by reference to other instruments.

If the Minister is authorised to make an instrument under a Commonwealth law specified in a definitions determination, the instrument will be able to make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, the provisions of a definitions determination as in force from time to time (subcl. 53(3)).

Clause 54 – Person not to use protected name or protected symbol

Clause 54 is based on s. 402A of the Telecommunications Act 1991.

Unless the ACA agrees in writing, a person will not be permitted to use the name ‘Australian Communications Authority’ or the acronym ‘the ACA’ or a closely similar name or acronym in trade or commerce or as part of the name of any firm, body, premises, vehicle, ship or craft, including aircraft. A similar prohibition will apply to the use of any official symbol of the ACA, the design of which will be set out in the regulations (subcl. 54(1)).

An individual who intentionally or recklessly contravenes subcl. 54(1) will be guilty of an offence punishable on conviction by a fine not exceeding 30 penalty units. A body corporate that intentionally or recklessly contravenes that provision will be guilty of an offence punishable on conviction by a fine not exceeding 150 penalty units. A penalty unit is worth $100 (subcl. 54(2) and ss. 4AA and 4B(3) of the Crimes Act 1914).

Nothing in subclause 54(1) will limit anything else in that subclause (subcl. 54(3)).

Subclause 54(1) will not affect rights in relation to the ACA’s name or acronym or an official symbol of the ACA conferred by a trade mark or design registered immediately before 16 August 1996, which was the date that cl. 54 was first released for public comment (subcl. 54(4)).

Nothing in clause 54 will affect a person’s existing legal rights to use the ACA name or acronym or an official symbol of the ACA in a particular manner if immediately before 16 August 1996 the person:

(a) was using the name, acronym or symbol in good faith in that manner; or

(b) would have been entitled to take action to prevent another person from passing off goods or services as the goods or services of the first-mentioned person (subcl. 54(5)).

The protections under cl. 54 will not apply to a person who uses or applies the ACA name or acronym or an official symbol of the ACA for the purpose of labelling customer equipment or customer cabling in accordance with the proposed Telecommunications Act 1996 or the Radiocommunications Act 1992 (subcl. 54(6)).

The protection currently given to the AUSTEL name, acronym and symbol under
s. 402A of the Telecommunications Act 1991 will continue to apply for 12 months after 1 July 1997 or such longer period (if any) as is specified in the regulations (see cl. 23 of the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

Clause 55 – ACA to maintain Register of policy notifications and Ministerial directions

The ACA will be required to maintain a public register of all Commonwealth Government policies of which the Minister has notified the ACA under cl. 11 (or under proposed s. 28 of the CAC Act) and of all Ministerial directions given to the ACA under cl. 12 (subcl. 55(1) and item 15 of Schedule 3 to the Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996).

The Register will be able to be maintained by electronic means (subcl. 55(2)). On payment of the fee (if any) fixed by an ACA cost recovery determination under cl. 52 of the Bill, a person will be able to inspect the Register and make a copy of, or take extracts from, the Register (subcl. 55(3)).

If the Register is maintained by electronic means, a person will be taken to have made a copy of, or to have taken an extract from, the Register if the ACCC gives the person a printout of, or of the relevant parts of, the Register (subcl. 55(4)).

If a person requests that a copy of the Register be provided in an electronic form, the ACCC will be able to provide the relevant information on a data processing device such as a floppy disk or by way of an electronic transmission (subcls. 55(5) and (6)).

Clause 56 – Regulations

Clause 56 provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

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