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Appendix 4 Legislation and statutory instruments
Major legislation requiring significant input from the Legal Services Group during the year is set out below.
Broadcasting Legislation Amendment (Digital Radio) Act 2008
This Act amends the Broadcasting Services Act 1992 and the Radiocommunications Act 1992 to extend the deadline for commercial broadcasters to commence digital radio services in the mainland state capital cities by six months to 1 July 2009, to remove the requirement for commercial broadcasters to commence digital radio services in Hobart by the extended deadline of 1 July 2009, and to retain an option for community radio stations to take up shares in the joint venture companies managing the transmission of digital radio services.
Broadcasting Legislation Amendment (Digital Television Switch-over) Act 2008
This Act amends the Broadcasting Services Act 1992 to allow the simulcast period for particular licence areas to be shortened, and allow for different analog switchoff dates within a single licence area. The Act also confirms the timing of two statutory reviews to reflect the Government’s policy that switchover be completed by the end of 2013.
Telecommunications Amendment (Integrated Public Number Database) Act 2009
This Act amends the Telecommunications Act 1997 to allow information contained in the Integrated Public Number Database to be disclosed and used in connection with the provision of telephony-based emergency warnings, and for the supply of Location Dependent Carriage Services.
Telecommunications Legislation Amendment (National Broadband Network Measures No. 1) Bill 2009
This Bill amends the Telecommunications Act 1997 to establish a regime to provide the Commonwealth with access to network information held by telecommunications carriers and other utilities for purposes related to the planning and roll-out of the National Broadband Network.
Statute Stocktake (Regulatory and Other Laws) Bill 2009
The Department provided significant input into the compilation of this legislation which amends a number of Commonwealth Acts to remove regulation which no longer has any function or purpose. Portfolio legislation amended in the Bill includes the Telecommunications (Consumer Protection and Service Standards) Act 1999, the Telecommunications Act 1997, the Telecommunications (Universal Service Levy) Act 1997, the Telstra Corporation Act 1991, the Broadcasting Services Act 1992, and section 151CM of the Trade Practices Act 1974. The purpose of the Bill is to reduce costs incurred by business in understanding and complying with outdated regulatory requirements, giving effect to the Government’s commitment to reduce the level of poorly designed and ineffective regulation on Australian business.
Telecommunications (National Broadband Network—Restricted Recipients and Storage, Handling and Destruction of Protected Carrier Information) Rules 2008 (No. 1)
These Rules provide restricted recipients rules for the purposes of subsection 531N(1) of the Telecommunications Act 1997 and rules relating to the storage, handling and destruction of protected carrier information for the purposes of subsection 531P(1) of the Act.
Telecommunications (National Broadband Network) Determination under subsection 531H(4) 2008 (No. 1)
This Determination provides a number of conditions for the purposes of paragraph 531H(4) of the Telecommunications Act 1997.
Telecommunications (National Broadband Network—Designated Information) Determination 2008 (No. 1)
This Determination specifies the information to be provided by specified carriers to an authorised information officer for the purposes of paragraph 531C(1)(a) of the Telecommunications Act 1997 and the form in which it is to be provided.
Broadcasting Services (Anti-Siphoning Monitoring) Direction (No. 1) 2005 (Amendment No. 1 of 2008)
This Direction amends the Broadcasting Services (Anti-Siphoning Monitoring) Direction (No. 1) 2005 by revoking clause which required the Australian Communications and Media Authority to investigate and periodically report on its findings to the Minister in relation to the operation of the anti-siphoning provisions of the Broadcasting Services Act 1992.
Carrier Licence Conditions (Telstra Corporation Limited) Declaration 2007 (Amendment No. 1 of 2008)
This Declaration amends the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 to remove the obligation under clause 12 which is no longer required as a result of the revocation of the Digital Data Service Provider Declaration 1999 (No. 1).
Digital Data Service Provider Declaration Revocation 2008 (No. 1)
This Declaration revokes the Digital Data Service Provider Declaration 1999 (No. 1).
Telecommunications Amendment Regulations 2009 (No. 1)
The Regulations amend the Telecommunications Regulations 2001 to describe circumstances in which disclosure or use of information or a document, consisting of, or relating to information contained in an integrated public number database, would be permitted.
Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No. 1) 2008
This Determination extends the expiry date for transmitter licences related to community television licences until 31 December 2013.
Universal Service Subsidies (2008–09 Extended Zones) Determination (No. 1) 2008
This Determination sets the subsidies available to universal service providers for the supply of standard telephone services and the supply, installation and maintenance of payphones in the Extended Zones universal service area for the 2008–09 claim year.
Universal Service Subsidies (2008–09 Contestable Areas) Determination (No. 1) 2008
This Determination sets the subsidies available to universal service providers for the supply of standard telephone services and the supply, installation and maintenance of payphones in the contestable universal service area for the 2008–09 claim year.
Universal Service Subsidies (2008–09 Default Area) Determination (No. 1) 2008
This Determination sets the subsidies available to universal service providers for the supply of standard telephone services and the supply, installation and maintenance of payphones in the default universal service area for the 2008–09 claim year.
Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 (Amendment No. 1 of 2009)
This Determination amends the Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005 to extend the expiry date of the price control arrangements from 30 June 2009 to 30 June 2010. Similarly the rollover provisions under clause 30 of the original Determination are extended by a further 12 months so that the relevant clauses continue to apply in the 2010–11 financial year.