Australian Communications and Media
Authority (Consequential and
Transitional Provisions) Act 2005
No. 45, 2005 as amended
Compilation start date: 17 October 2014
Includes amendments up to: Act No. 109, 2014
Prepared by the Office of Parliamentary Counsel, Canberra
ComLaw Authoritative Act C2014C00733
About this compilation
This compilation
This is a compilation of the Australian Communications and Media Authority
(Consequential and Transitional Provisions) Act 2005 as in force on 17 October
2014. It includes any commenced amendment affecting the legislation to that
date.
This compilation was prepared on 29 October 2014.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions and amendments
If the operation of a provision or amendment is affected by an application,
saving or transitional provision that is not included in this compilation, details
are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force,
details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have
effect in accordance with a provision of the law, details are included in the
endnotes.
ComLaw Authoritative Act C2014C00733
Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................2
Schedule 4—Transitional provisions 3
Part 1—Preliminary 3
Part 3—References to, and things done by or in relation to,
ABA or ACA 4
Endnotes 7
Endnote 1—About the endnotes 7
Endnote 2—Abbreviation key 9
Endnote 3—Legislation history 10
Endnote 4—Amendment history 11
Endnote 5—Uncommenced amendments [none] 12
Endnote 6—Modifications [none] 12
Endnote 7—Misdescribed amendments [none] 12
Endnote 8—Miscellaneous [none] 12
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ComLaw Authoritative Act C2014C00733
Section 1
An Act to amend laws, and to deal with transitional
matters, in connection with the Australian
Communications and Media Authority Act 2005, and
for related purposes
1 Short title
This Act may be cited as the Australian Communications and
Media Authority (Consequential and Transitional Provisions) Act
2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 3 The day on which this Act receives the 1 April 2005
and anything in Royal Assent.
this Act not
elsewhere covered
by this table
10. Schedule 4 At the same time as section 6 of the 1 July 2005
Australian Communications and Media
Authority Act 2005 commences.
Note: This table relates only to the provisions of this Act as originally
passed by the Parliament and assented to. It will not be expanded to
deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not
part of this Act. Information in this column may be added to or
edited in any published version of this Act.
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Section 3
3 Schedule(s)
(1) Each Act, and each regulation, that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in
the Schedule concerned, and any other item in a Schedule to this
Act has effect according to its terms.
(2) The amendment of any regulation under subsection (1) does not
prevent the regulation, as so amended, from being amended or
repealed by the Governor-General.
(3) To avoid doubt, regulations amended under subsection (1) are
taken to still be regulations.
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Transitional provisions Schedule 4
Preliminary Part 1
Schedule 4—Transitional provisions
Part 1—Preliminary
1 Definitions
(1) In this Schedule, unless the contrary intention appears:
ABA means the Australian Broadcasting Authority that was established
by the Broadcasting Services Act 1992.
ACA means the body corporate that was continued in existence by the
Australian Communications Authority Act 1997.
ACMA means the Australian Communications and Media Authority
that is established by the ACMA Act.
ACMA Act means the Australian Communications and Media Authority
Act 2005.
Imposition Act means any of the following Acts:
(a) the Datacasting Charge (Imposition) Act 1998;
(b) the Radiocommunications (Receiver Licence Tax) Act 1983;
(c) the Radiocommunications (Spectrum Licence Tax) Act 1997;
(d) the Radiocommunications (Transmitter Licence Tax) Act
1983;
(e) the Radio Licence Fees Act 1964;
(f) the Telecommunications (Carrier Licence Charges) Act
1997;
(g) the Telecommunications (Numbering Charges) Act 1997;
(h) the Television Licence Fees Act 1964.
liability means any liability, duty or obligation, whether actual,
contingent or prospective, but does not include a liability, duty or
obligation imposed by an Act or by regulations or other subordinate
legislation made under an Act.
transition time means the commencement of section 6 of the ACMA
Act.
(2) Subject to subitem (1), an expression used in this Schedule that is also
used in the ACMA Act has the same meaning in this Schedule as it has
in that Act.
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Schedule 4 Transitional provisions
Part 3 References to, and things done by or in relation to, ABA or ACA
Part 3—References to, and things done by or in relation to, ABA or ACA
8 References in instruments to ABA or ACA
(1) This item applies to an instrument if it:
(a) was in force immediately before the transition time; and
(b) is an instrument covered by one or more of the following
subparagraphs:
(i) an instrument that was made by the ABA or ACA; or
(ii) an instrument to which the ABA or ACA was a party; or
(iii) an instrument that was given to, or in favour of, the
ABA or ACA; or
(iv) an instrument under which any right or liability accrues
or may accrue to the ABA or ACA; or
(v) any other instrument in which a reference is made to the
ABA or ACA.
(2) Subject to subitem (3), an instrument to which this item applies
continues to have effect from the transition time as if a reference in the
instrument to the ABA or ACA (whether the reference is in that
abbreviated form or is in the full name of that Authority) were a
reference to the ACMA.
(3) However, if:
(a) the reference is to the ABA or the ACA as an entity with a
particular power or capacity (for example, as party to a
contract or the holder of real or personal property); and
(b) the ACMA does not have that power or capacity (see
sections 12 and 18 of the ACMA Act);
the reference has effect from the transition time as if it were a reference
to the Commonwealth.
(4) The regulations may determine that one of subitems (2) and (3), rather
than the other of those subitems, applies in relation to a particular
reference or class of references.
(5) For the purposes of this item, an instrument:
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Transitional provisions Schedule 4
References to, and things done by or in relation to, ABA or ACA Part 3
(a) includes, but is not limited to, a regulation, declaration,
determination, direction, licence, application or standard; but
(b) does not include an Act, or an instrument made under an
Imposition Act.
10 Things done by, or in relation to, ABA or ACA etc.
(1) This item applies to a thing done by, or in relation to, the ABA or the
ACA under:
(a) a provision (the authorising provision) of an Act, other than:
(ii) a provision of an Imposition Act; or
(ii) a provision that is repealed by this Act; or
(b) a provision (the authorising provision) of an instrument
made under a provision of an Act, other than:
(ii) a provision of an Imposition Act; or
(ii) a provision that is repealed by this Act.
(2) Subject to subitem (3), the thing done has effect from the transition time
as if it had been done by, or in relation to, the ACMA under the
authorising provision as in force from the transition time. However this
is not taken to change the time at which the thing was actually done.
(3) However if the thing done is a thing of a kind that, under the authorising
provision as in force from the transition time, cannot be done by or in
relation to the ACMA, the thing has effect from the transition time as if
it had been done by or in relation to the Commonwealth.
(4) The regulations may:
(a) provide that this item does not apply to a specified class or
classes of things done; or
(b) determine that one of subitems (2) and (3), rather than the
other of those subitems, applies in relation to a particular
thing done, or class of things done; or
(c) clarify how a thing has effect as mentioned in subitem (2) or
(3).
12 Continued effect of certain instruments made under the repealed provisions
(1) An instrument:
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1
2
3
4
5
6
7
Schedule 4 Transitional provisions
Part 3 References to, and things done by or in relation to, ABA or ACA
(a) made or given under the Australian Communications
Authority Act 1997 and specified in the following table; and
(b) in force immediately before the transition time;
continues to have effect from the transition time as if it were made or
given under the corresponding provision of the ACMA Act specified in
the table.
Instruments made under Australian Communications Authority Act 1997 that
continue to have effect
Item This instrument made or given continues to have effect as if it
under this provision of the were made or given under this
Australian Communications provision of the ACMA Act...
Authority Act 1997...
instruction under paragraph 8(1)(aa) paragraph 11(1)(a)
instruction under paragraph 8(1)(ab) paragraph 11(1)(b)
arrangement under paragraph 55(1)(a)
paragraph 41(1)(a)
arrangement under paragraph 55(1)(b)
paragraph 41(1)(b)
direction given under subsection 59(5)
subsection 52(3)
determination under subsection 60(1)
subsection 53(1)
determination under subsection 64(1)
subsection 54(1)
(2) A determination in force under clause 61 of Schedule 4 to the
Broadcasting Services Act 1992 immediately before the transition time
has effect from the transition time as if it were a determination under
subsection 60(1) of the ACMA Act.
Note: Instruments made by the ABA or ACA under provisions of Acts that are amended (rather than repealed) by this Act will continue to have effect as a result of item 10.
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions.
The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word ―none‖ will
appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in
the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended the compiled law. The information includes commencement
information for amending laws and details of application, saving or transitional
provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision level. It also includes information about any provisions that have
expired or otherwise ceased to have effect in accordance with a provision of the
compiled law.
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Endnotes
Endnote 1—About the endnotes
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the
modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment
cannot be incorporated into the text of the compilation. Any misdescribed
amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader
of the compilation.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Australian 45, 2005 1 Apr 2005 See s 2(1)
Communications and
Media Authority
(Consequential and
Transitional Provisions)
Act 2005
Statute Law Revision 8, 2007 15 Mar 2007 Sch 2 (items 2–4): —
Act 2007 (a)
Omnibus Repeal Day 109, 2014 16 Oct 2014 Sch 2 (items 175– —
(Autumn 2014) Act 2014 181): 17 Oct 2014
(s 2(1) item 2)
(a) Subsection 2(1) (item 29) of the Statute Law Revision Act 2007 provides as
follows:
(1) Each provision of this Act specified in column 1 of the table commences,
or is taken to have commenced, in accordance with column 2 of the table.
Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
29. Schedule 2,
items 2, 3 and 4
Immediately after the commencement of section 2
of the Australian Communications and Media
Authority (Consequential and Transitional
Provisions) Act 2005.
1 April 2005
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
s 2 ..................................................am No 8, 2007
Sch 1..............................................rep No 109, 2014
Sch 2..............................................rep No 109, 2014
Sch 3..............................................rep No 109, 2014
Sch 4
Pt 1
Item 1 ............................................am No 109, 2014
Pt 2 ................................................rep No 109, 2014
Item 2 ............................................rep No 109, 2014
Item 3 ............................................rep No 109, 2014
Item 4 ............................................rep No 109, 2014
Item 5 ............................................rep No 109, 2014
Item 6 ............................................rep No 109, 2014
Item 7 ............................................rep No 109, 2014
Pt 3
Item 9 ............................................rep No 109, 2014
Item 11 ..........................................rep No 109, 2014
Item 12 ..........................................am No 109, 2014
Item 13 ..........................................rep No 109, 2014
Item 14 ..........................................rep No 109, 2014
Item 15 ..........................................rep No 109, 2014
Item 16 ..........................................rep No 109, 2014
Item 17 ..........................................rep No 109, 2014
Item 18 ..........................................rep No 109, 2014
Item 19 ..........................................rep No 109, 2014
Item 20 ..........................................rep No 109, 2014
Item 21 ..........................................rep No 109, 2014
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Endnotes
Endnote 5—Uncommenced amendments [none]
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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