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