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