telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.7
Insert subsection 295S(3) into the penalty provision
1 Section 7 (after paragraph (h) of the definition of civil
Section 7 (after paragraph (h) of the definition of civil penalty provision)
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.14
No provision for a specific duty, ban, grant permission, or create a right.
10 Telecommunications Amendment (Integrated Public Number Database) Act 2006
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.16
10 After section 299
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.17
Inserts provisions for decision-making under the integrated public number database scheme.
11 After paragraph 1(m) of Schedule 4
12 Telecommunications Amendment (Integrated Public Number Database) Act 2006
12 Transitional
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.18
Disclosure of information is permitted for certain purposes during an exemption period.
14 Telecommunications Amendment (Integrated Public Number Database) Act 2006
Permits disclosure of information for certain purposes.
Classifies the exemption period and permitted purposes.
Defines integrated public number database scheme
2 Section 7
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.11
ACMA must make integrated public number database scheme
295A ACMA to make integrated public number database scheme
295B Scheme must deal with certain matters
295B(1) Scheme must deal with certain matters
Applicant must specify purpose for authorisation
295B(2) Scheme must deal with certain matters
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.12
Different provision for different kinds of authorization applications
295C Applications may be treated differently
Authorisations may be made for specified information or documents.
295D Scope of authorisations
Provision for provisional and final authorisations
295E Provisional and final authorisations
295F Conditions
Imposes conditions on authorisation grant
Variation or revocation of authorisations
295G Varying or revoking authorisations
ACMA may make decisions of an administrative character.
295H Scheme may confer administrative powers on the ACMA
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.13
295J Ancillary or incidental provisions
No implication that section 295A is limited by sections 295B to 295J.
295K Scheme-making power not limited
295L Variation of scheme
295L(1) Variation of scheme
Subsection (1) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.
295L(2) Variation of scheme
Subsection (1) overlaps with subsection 33(3) of the Acts Interpretation Act 1901 in terms of application to other instruments under this Act.
Subsection (1) incorporates the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.
Subsection (1) implies that subsection 33(3) of the Acts Interpretation Act 1901 applies to other instruments under this Act.
Subsection (1) diffuses the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.
Subsection (1) repeats the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.
295M Consultation
Consultation with Privacy Commissioner and Secretary of the Department before making the scheme.
295M(1) Consultation
Temporal relationship between consultations
(1) Before making the scheme, the ACMA: (a) must consult the Privacy Commissioner and have regard to any submissions made by the Privacy Commissioner because of that consultation;
Obligation to consult with Secretary of the Department
(1) Before making the scheme, the ACMA: (b) must consult the Secretary of the Department that is administered by the Minister administering the Privacy Act 1988 and have regard to any submissions made by that Secretary because of that consultation;
Consultation before making a decision under the scheme.
295M(2) Consultation
Decision under the scheme cannot be made without consultation
ACMA must consult persons before making a decision
295N Criteria for deciding authorisation applications
Minister must specify criteria for deciding authorisation applications.
295N(1) Criteria for deciding authorisation applications
Minister may specify different criteria for different kinds of authorisation applications.
295N(2) Criteria for deciding authorisation applications
Must apply criteria and may consider other relevant matters
295N(3) Criteria for deciding authorisation applications
(3) In deciding an authorisation application...
295P Conditions
Minister may determine conditions for authorisation under integrated public number database scheme.
295P(1) Conditions
(1) The Minister may, by legislative instrument...
Conditions for authorisation under the scheme
295P(2) Conditions
Specify decisions under integrated public number database scheme
295Q Other reviewable decisions
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.15
Breach of authorisation condition results in an offence.
295R Offence of breaching a condition
The act or omission breaches a condition of the authorisation.
Condition breach is a necessary condition for the offence.
The person does an act or omits to do an act.
The person is subject to a penalty for breaching the condition.
A person commits an offence if the act or omission breaches a condition of the authorisation.
The authorisation is a necessary condition for the offence.
Authorisation is a necessary condition for the offence.
A person commits an offence if the person does an act or omits to do an act and the act or omission breaches a condition of the authorisation.
The person is subject to an offence for breaching the condition.
Offence is a consequence of breaching the condition.
The penalty for the offence is 60 penalty units.
295S Remedial directions for breaching a condition
Remedial directions for breaching a condition
295S(1) Remedial directions for breaching a condition
Written direction requiring specified action to prevent future contravention of a condition.
295S(2) Remedial directions for breaching a condition
Must not contravene a direction under subsection (2)
295S(3) Remedial directions for breaching a condition
Temporal overlap between 'breaching a condition' and 'contravention'
...contravene a direction under subsection (2).
Temporal relation between 'breaching a condition' and 'contravention'
Civil penalty provision for breaching a condition
295S(4) Remedial directions for breaching a condition
A direction given under subsection (2) is not a legislative instrument.
295S(5) Remedial directions for breaching a condition
(5) A direction given under subsection (2)
Issue formal warning for breaching a condition
295T Formal warnings for breaching a condition
295U Report to Minister
ACMA must provide a report on compliance with authorisations.
295U(1) Report to Minister
Report to Minister, excluding confidential material that may prejudice a fair trial.
295U(2) Report to Minister
Minister must report to Parliament within 15 days
295U(3) Report to Minister
(3) The Minister must cause a copy of the separate report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the separate report.
299A Integrated public number database
Disclosing or using information without authorization is prohibited.
299A(1) Integrated public number database
Disclosure without authorization is not allowed.
299A(2) Integrated public number database
during the period the person holds an authorisation in force
Disclosure is only allowed during the period of authorization.
must not disclose or use the information or document
Prohibits disclosure or use of information without authorization.
Prohibition on disclosing information for unauthorized purposes.
299A(3) Integrated public number database
the person must not disclose or use the information or document except for that purpose.
Defines temporal interval of disclosure prohibition.
(3) If information or a document is disclosed to a person for a particular purpose...
Represents knowledge about disclosure prohibition.
Defines temporal trace of disclosure prohibition.
Permitted uses for information or documents
3 Subsection 285(1)
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.8
Permitted disclosures of information or documents under certain conditions.
4 Telecommunications Amendment (Integrated Public Number Database) Act 2006 No.
Defines business as a venture or concern in trade or commerce.
4 Subsection 285(2)
Permission to disclose information or documents.
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.9
5 Subsection 285(2)
Defines public number directory record requirements
6 Subsection 285(2)
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.10
Defines a qualifying entity for the purpose of the Telecommunications Amendment (Integrated Public Number Database) Act 2006.
6 Telecommunications Amendment (Integrated Public Number Database) Act 2006 No.
The qualifying entity definition is applicable from these dates
The text mentions specific dates (155, 2006)
A qualifying entity is defined as one of the listed types
The text defines a specific set of entities
7 Subsection 285(2)
8 At the end of section 285
Telecommunications Amendment (Integrated Public Number Database) Act 2006 No.
8 Telecommunications Amendment (Integrated Public Number Database) Act 2006 No.
Minister must specify kinds of research in public interest
8(3) At the end of section 285
Kind of research must be in public interest
Minister may specify kinds of information for public number directory
8(4) At the end of section 285
The Minister may specify requirements for qualifying entities.
8(5) At the end of section 285
Specify kinds of persons or bodies for the purposes of paragraph (g) of the definition of qualifying entity in subsection (2).
8(6) At the end of section 285
Permission to specify kinds of persons or bodies.
Insert clause after Division 3 of Part 13
9 After Division 3 of Part 13
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.5
1 Short title
telecommunications-amendment-integrated-public-number-database-act-2006.pdf, p.6
Table of sections and commencement provision
1 Section 1
15 May 2007
2 Telecommunications Amendment (Integrated Public Number Database) Act 2006 No.
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
3 Schedule(s)
8 December
An Act to amend the Telecommunications Act 1997, and for related purposes
Telecommunications Amendment (Integrated Public Number Database) Act 2006