telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.8
Defines 'give effect to' in relation to a contract, arrangement or understanding.
1 Section 4
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.9
10 Subparagraph 117(1)(f)(i)
Compliance with publication requirements is required.
11 At the end of paragraph 117(1)(f)
119A Variation of industry codes
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.12
119B Publication requirements for submissions
Publication requirements for submissions
119B(1) Publication requirements for submissions
(i) subparagraph 117(1)(e)(iii); (ii) subparagraph 117(1)(f)(iii); (iii) subparagraph 119A(1)(e)(iii); (iv) subparagraph 119A(1)(f)(iii)
Must publish submissions on its website.
119B(2) Publication requirements for submissions
119B(3) Publication requirements for submissions
Exemptions from publication requirements for submissions with confidential or commercially sensitive material
119B(4) Publication requirements for submissions
Granting permission to the body or association not to publish submission material
statement to the effect that confidential or commercially sensitive material has not been published
Publish statement if material is removed from submission before publishing
119B(5) Publication requirements for submissions
Must publish statement if material is removed from submission before publishing
12 After section 119
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.14
13 Subsection 120(1)
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.20
133A Reviews of the Telecommunications Industry Ombudsman
Must conduct reviews of the operation of the Telecommunications Industry Ombudsman scheme.
133A(1) Reviews of the Telecommunications Industry Ombudsman
Completion of first review within 3 years after section commencement.
133A(2) Reviews of the Telecommunications Industry Ombudsman
Obligation to complete review within timeframe.
Each subsequent review must be completed within 5 years after the completion of the previous review.
133A(3) Reviews of the Telecommunications Industry Ombudsman
Obligation to complete reviews within a certain timeframe.
Review must be conducted by an independent person or body.
133A(4) Reviews of the Telecommunications Industry Ombudsman
Review must be conducted by a person or body...
Public consultation and consultation with the Telecommunications Industry Ombudsman and ACMA are required for a review.
133A(5) Reviews of the Telecommunications Industry Ombudsman
The review contains a temporal interval that must be reviewed within a certain timeframe.
Obligation to provide public consultation and consultation with the Telecommunications Industry Ombudsman and ACMA.
The review is part of a larger trace that must be followed.
Must prepare and provide report to the Telecommunications Industry Ombudsman
133A(6) Reviews of the Telecommunications Industry Ombudsman
Obligation to prepare and provide report
Must give a copy of the report to the Minister and publish it on the website.
133A(7) Reviews of the Telecommunications Industry Ombudsman
Must respond to recommendations within 6 months
133A(8) Reviews of the Telecommunications Industry Ombudsman
Completion of a review is determined by the Telecommunications Industry Ombudsman receiving the report.
133A(9) Reviews of the Telecommunications Industry Ombudsman
Temporal relation between review completion and receipt of report
The report is given to the Telecommunications Industry Ombudsman.
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.15
14 Subsection 120(1)
15 Subsection 120(2)
Insertion of clause after Part 136(1)(a)
16 Paragraph 136(1)(a)
Insertion of 'or variation' after 'development'
17 Division 6A of Part 6 (heading)
Insert 'or variation' after 'development'
18 Section 136A (heading)
19 Subsection 136A(1)
2 Paragraph 11(9)(b)
20 Subsection 136A(1)
21 Subparagraph 136A(2)(c)(i)
22 Section 136B (heading)
23 Before subsection 136B(1)
24 Subsection 136B(1)
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.16
25 After subsection 136B(2)
Must declare if application meets certain conditions
25(2A) After subsection 136B(2)
Refusal to make declaration if ACMA is not satisfied
25(2B) After subsection 136B(2)
Prohibits making declaration if ACMA is not satisfied
ACMA's satisfaction with matters set out in subsection (2A)
26 Section 136C (heading)
Repeal heading and substitute with new text
27 Subsection 136C(1) (heading)
28 After subsection 136C(3)
ACMA must determine that the body or association is entitled to be paid a specified amount if certain conditions are met.
28(3A) After subsection 136C(3)
the ACMA must, by written notice given to the body or association, determine that the body or association is entitled to be paid a specified amount.
ACMA has an obligation to determine that the body or association is entitled to be paid a specified amount if certain conditions are met.
a section 136B declaration was made in relation to the variation of an industry code by a body or association
28(3B) After subsection 136C(3)
Total costs must be equal to specified amount
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.18
29 Subsection 136E(1)
Prohibit telemarketing calls without effect from the other party.
3 Paragraph 12(1)(a)
Insert 'or varying the code, as the case may be,' after 'developing the code'.
30 Subsection 136E(1)
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.19
31 At the end of section 128
Must consider certain matters when making a determination
31(10) At the end of section 128
The consideration period is BETWEEN the time the determination is made and the end of section 128.
(10) In making a determination under subsection (9), the Minister must...
The matter is considered RELEVANT if the Minister considers it so.
(g) such other matters (if any) as the Minister considers relevant.
The Minister MUST have regard to the following matters:
The matter is considered ACCESSIBLE if it is related to accessibility.
Spread of consideration to other matters
(a) accessibility; (b) independence; (c) fairness; (d) accountability; (e) efficiency; (f) effectiveness.
The consideration period is BUT the time the determination is made.
Consultation requirement before making a determination under subsection (9)
31(11) At the end of section 128
...before making a determination under subsection (9)
Compliance with standards is an obligation.
31(8) At the end of section 128
The Minister may determine standards by legislative instrument.
31(9) At the end of section 128
32 At the end of Part 6
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.22
Substitute Australian Privacy Principles for National Privacy Principles.
33 Subparagraph 119A(1)(k)(i)
Omit 'covered by', substitute 'that are made in order to give effect to'
4 Paragraph 12(1)(c)
5 Paragraph 12B(10)(b)
Prohibit sending marketing faxes without consent.
6 Paragraph 12C(1)(a)
Omit “covered by”, substitute ‘that are sent in order to give effect to’.
7 Paragraph 12C(1)(c)
8 Subparagraph 117(1)(e)(i)
9 At the end of paragraph 117(1)(e)
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.5
Cites this Act as the Telecommunications Legislation Amendment (Consumer Protection) Act 2014.
1 Short title
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.6
1 Section 1
1 March 2014
Note: This table relates only to the provisions of this Act as originally enacted.
12 March 2014
2 Commencement
2 Section 2
28 February
28 August 2014
3 Section 3
telecommunications-legislation-amendment-consumer-protection-act-2014.pdf, p.7
Amendments and repeals of Acts specified in a Schedule.
3 Schedule(s)
4 Section 4
An Act to amend legislation relating to telecommunications, and for other purposes
Telecommunications Legislation Amendment (Consumer Protection) Act 2014