communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.8
1 Section 3
ACMA official is an associate member or a person whose services are made available to the ACMA under subsection 55(1)
ACMA official is a member of the ACMA staff
communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.14
10 Communications Legislation Amendment (Information Sharing and Datacasting) Act
Definition of authorized disclosure information
2 Section 3
Defines the scope of authorized disclosure information
Subclassifies information types under ACMA's functions and powers
communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.10
Authorized APS employee may use Secretary's name
communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.12
communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.9
3 After Part 7
communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.13
Part 7A applies to disclosure of information after commencement.
4 Application of Part 7A
Part 7A applies to disclosure of information.
Schedule 7 to the Broadcasting Services Act 1992 must be inserted.
5 Section 3 (after subparagraph (b)(ii) of the definition of
Must provide Schedule 7 to the Broadcasting Services Act 1992.
59A Disclosure to Ministers
Disclosure of authorized information to the Minister is permitted.
59A(1) Disclosure to Ministers
The Minister is permitted to receive the information.
Authorized disclosure information may be disclosed.
59A(2) Disclosure to Ministers
59A(3) Disclosure to Ministers
(3) Subsection (2) does not limit subsection (1).
59B Disclosure to public servants for advising their Ministers
Disclosure of authorized information to Secretary or APS employee
59B(1) Disclosure to public servants for advising their Ministers
...authorized disclosure information to:
Temporal relationship between disclosure and advising
(1) For the purpose of advising the Minister, an ACMA official may...
Disclosure of authorized information to advise a Minister
59B(2) Disclosure to public servants for advising their Ministers
Obligation on ACMA official to disclose information
59C Disclosure to Royal Commissions
Disclosure of authorized information to Royal Commissions
59C(1) Disclosure to Royal Commissions
Conditions for disclosure of authorized information
59C(2) Disclosure to Royal Commissions
No legislative instrument can impose conditions on disclosure to Royal Commissions.
59C(3) Disclosure to Royal Commissions
Describes the temporal relationship between an event and a condition.
(3) An instrument made under subsection (2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.
Describes the relationship between an event and its consequences.
An instrument made under subsection (2) must be a legislative instrument.
59C(4) Disclosure to Royal Commissions
THE INTERVAL BETWEEN THE MAKING OF AN INSTRUMENT AND ITS BEING A LEGISLATIVE INSTRUMENT IS NOT SPECIFIED.
The interval between the making of an instrument and its being a legislative instrument is not specified.
(4) Otherwise, an instrument made under subsection (2) is a legislative instrument.
An instrument made under subsection (2) MUST be a legislative instrument.
Obligation to make an instrument a legislative instrument.
An instrument made under subsection (2) IS NOT A LEGISLATIVE INSTRUMENT IF IT IS NOT MADE UNDER SUBSECTION (2).
If an instrument is not made under subsection (2), then it is NOT a legislative instrument.
59D Disclosure to certain authorities
Disclosure of information to certain authorities with Chair's satisfaction
59D(1) Disclosure to certain authorities
Imposing conditions on disclosure of authorized information
59D(2) Disclosure to certain authorities
Disclosure to certain authorities is required.
59D(3) Disclosure to certain authorities
An instrument made under subsection (2) must be disclosed to certain authorities.
59D(4) Disclosure to certain authorities
communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.11
59E Disclosure with consent
The temporal interval of the disclosure overlaps with the temporal interval of the consent.
Temporal overlap between consent and disclosure
The disclosure occurs after the person has given consent.
The ACMA official recognizes the disclosure as authorized based on the person's consent.
Recognition of consent-based disclosures
The ACMA official recognizes the disclosure as authorized.
Disclosure is permitted if the person consents.
The person has consented to the disclosure.
The diffusion of consent information is spread to others who have not given consent.
The disclosure spreads to others if they have not given consent.
There is a trace of repeated disclosures if the person repeatedly consents.
The disclosure is repeated if the person consents.
Disclosure of publicly available information is permitted.
59F Disclosure of publicly available information
59G Disclosure of summaries and statistics
59H Disclosure authorised by regulations
Disclosure of authorized information in specified circumstances.
59H(1) Disclosure authorised by regulations
An instrument made under regulations must not impose conditions on disclosure.
59H(2) Disclosure authorised by regulations
...that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.
If an instrument imposes conditions, then it is not a legislative instrument.
(2) An instrument made under regulations...
An instrument made under regulations is a legislative instrument.
59H(3) Disclosure authorised by regulations
No limitation on disclosure by ACMA official
59J This Part does not limit disclosure by ACMA official
ACMA official has an obligation to disclose information
Disclosure of information prohibited by Part 13 of the Telecommunications Act 1997
59K Relationship with Part 13 of the Telecommunications Act 1997
Part 13 of the Telecommunications Act 1997
59L Delegation of Chair’s powers under this Part
Delegation of Chair's powers under this Part
59L(1) Delegation of Chair’s powers under this Part
Requires relation between identifiable temporal intervals
Delegate must comply with Chair's directions
59L(2) Delegation of Chair’s powers under this Part
6 Communications Legislation Amendment (Information Sharing and Datacasting) Act
Omit “or a datacasting transmitter licence”.
6 Paragraph 111(1)(d)
7 At the end of paragraph 111(1)(d)
8 Communications Legislation Amendment (Information Sharing and Datacasting) Act
8 Paragraph 6(a)
Amendment applies to financial years starting on 1 July 2007 and later.
9 Application of amendment
communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.5
1 Short title
communications-legislation-amendment-information-sharing-and-datacasting-act-2007.pdf, p.6
Table of sections and commencement provision
1 Section 1
2 Communications Legislation Amendment (Information Sharing and Datacasting) Act
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
20 January 2008
28 September
29 September
3 Section 3
Amendments and repeals of Acts specified in a Schedule.
3 Schedule(s)
4 Section 4
4 Communications Legislation Amendment (Information Sharing and Datacasting) Act
An Act to amend the law relating to communications, and for related purposes
Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007