australian-communications-and-media-authority-act-2005.pdf, p.7
1 Short title
australian-communications-and-media-authority-act-2005.pdf, p.76
1 Mar 2019
Establishment of the Australian Signals Directorate
1 Mar 2021
1 Section 1
1 April 2005
1 July 2005
australian-communications-and-media-authority-act-2005.pdf, p.72
1 Apr 2005
Legislation Amendment (Information Sharing and Datacasting) Act 178, 2007
1 Mar 2010
australian-communications-and-media-authority-act-2005.pdf, p.73
australian-communications-and-media-authority-act-2005.pdf, p.16
Regulate broadcasting services, plan availability of segments, allocate and cancel licences.
10 ACMA’s broadcasting, content and datacasting functions
australian-communications-and-media-authority-act-2005.pdf, p.74
10 Sept
Conditional commencement of Omnibus Repeal Day (Autumn 2014) Act 2014
Requires relation between identifiable temporal intervals for conditional commencement
australian-communications-and-media-authority-act-2005.pdf, p.75
Conditional commencement of Enhancing Online Safety for Children Amendment Act 2017
australian-communications-and-media-authority-act-2005.pdf, p.78
10 July 2024 (s 2(1)
Conduct investigations or hearings relating to licence allocation.
australian-communications-and-media-authority-act-2005.pdf, p.18
11 ACMA’s additional functions
Commencement of Sch 1 (items 44, 100–108)
11 Apr
Provide for management of electronic addressing and related services
11(1) ACMA’s additional functions
Between commencement and completion of functions
Provision of services or facilities implies certain conditions
Implication on provision of services or facilities
Approval of services or facilities by Commonwealth
Must provide for management of electronic addressing and related services
Subclass of functions conferred on ACMA by or under this Act
Influence on ACMA's spare capacity utilization
Impedes ACMA's capacity to perform its other functions.
11(2) ACMA’s additional functions
does not authorise the ACMA to perform a function if the performance of the function would impede the ACMA's capacity to perform its other functions
does not authorise the ACMA to perform a function
australian-communications-and-media-authority-act-2005.pdf, p.20
Power to perform functions and tasks necessary or convenient for its performance
12 ACMA’s powers
Consequential Amendments and Transitional Provisions
12 Dec
Legislation history for Australian Communications and Media Authority Act 2005
australian-communications-and-media-authority-act-2005.pdf, p.77
13 July
Amendment of Schedule 7 by Acts and Instruments (Framework Reform) Act 2015
13 Apr
Prescribed Forms and Other Updates Act 2023
australian-communications-and-media-authority-act-2005.pdf, p.21
14 Minister may give directions to ACMA
Minister may give written directions to ACMA.
14(1) Minister may give directions to ACMA
Minister must give directions to ACMA with certain limitations.
14(2) Minister may give directions to ACMA
(2) However, such a direction can only be of a general nature if it relates to: (a) the ACMA’s broadcasting, content and datacasting functions; or (b) the ACMA’s powers relating to those functions.
Direction must be published in the Gazette.
14(3) Minister may give directions to ACMA
ACMA must perform its functions in a manner consistent with directions given by the Minister.
14(4) Minister may give directions to ACMA
in a manner consistent with directions given by the Minister.
The interval of ACMA's performance is contained within the interval of performing functions consistently with directions.
The cognitive AI of ACMA is contained within the cognitive AI of performing functions consistently with directions.
Obligation to perform functions consistently with directions.
The diffusion of ACMA's performance is contained within the diffusion of performing functions consistently with directions.
Minister's power to give directions to ACMA not affected by this section.
14(5) Minister may give directions to ACMA
ACMA is not subject to direction by or on behalf of the Commonwealth.
15 ACMA not otherwise subject to direction
Must perform broadcasting functions consistently with CER Trade in Services Protocol obligations.
16 Consistency with CER Trade in Services Protocol
Conditional commencement of Statute Law Revision Act (No. 1) 2014
16 Apr
16 Oct
16 Aug
australian-communications-and-media-authority-act-2005.pdf, p.22
ACMA must consult ACCC before performing certain acts.
17 ACMA to consult ACCC in relation to management of electronic
Schedule 2, items 3, 6, 8, 10, 12; Schedule 4, items 42–52 and 41–49; Schedule 6, items 36, 41–49
17 Dec
australian-communications-and-media-authority-act-2005.pdf, p.23
19 Membership
19 Mar
2 Commencement
2 Section 2
Requires temporal relation between intervals
20 Appointment of members
20 July
Telecommunications (Interception and Access) Amendment Act 177, 2007
20 Sept 2017 (s 2(1)
Conditional commencement of Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020
20 Nov
Requires a relation between identifiable temporal intervals for conditional commencement
Conditionally commenced on 18 Dec 2020 (s 2(1) item 2)
Requires an ordered or recurring trace for conditional commencement
20 Sept
Mandatory Australian content requirement for subscription video on demand services
20 Feb
Each member must be appointed by the Governor-General in writing.
20(1) Appointment of members
(1) Each member is to be appointed by the Governor-General...
Chair and Deputy Chair must be appointed as full-time members.
20(2) Appointment of members
Members may be appointed as full-time or part-time members.
20(3) Appointment of members
Assignment of part-time member to inquiry or hearing must be in writing
20(4) Appointment of members
A part-time member is treated as a full-time member during assignment.
20(5) Appointment of members
(5) For the purposes of this Act (except for subsection 31(2) and paragraph 34(5)(b))
a part-time member so assigned is taken to be a full-time member while the assignment is in force.
a full-time member while the assignment is in force.
Member must hold office for a specified period not exceeding 5 years.
21 Period of appointment for members
australian-communications-and-media-authority-act-2005.pdf, p.24
The Deputy Chair must act as the Chair during a vacancy in the office of Chair or when the Chair is absent from duty or unable to perform duties.
22 Acting Chair
Conditional commencement of the Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011
22 Mar
Conditional commencement of Interactive Gambling Amendment Act 2017
22 June
australian-communications-and-media-authority-act-2005.pdf, p.25
23 Acting appointments—members other than the Chair
23 Aug
Minister may appoint a member to act as Deputy Chair under certain circumstances.
23(1) Acting appointments—members other than the Chair
Temporal relation between Deputy Chair and acting appointment.
(i) is acting as the Chair; or (ii) is absent from duty or from Australia; or (iii) is, for any reason, unable to perform the duties of the office.
Obligation to appoint a member as Deputy Chair.
(ii) is absent from duty or from Australia; or (iii) is, for any reason, unable to perform the duties of the office.
Alternative conditions for acting appointment.
The Minister may appoint a person to act as a member.
23(2) Acting appointments—members other than the Chair
australian-communications-and-media-authority-act-2005.pdf, p.26
24 Appointment of associate members
24 June 2014 (s 2(1)
Conditional commencement of Sch 3 on July 1, 2015
24 Mar
The Minister may appoint associate members.
24(1) Appointment of associate members
Associate members must be appointed by the Minister in writing.
24(2) Appointment of associate members
The appointment of each associate member MUST OCCUR BETWEEN NOW AND THE DATE OF THE WRITTEN INSTRUMENT.
Appointment must occur within a specific time frame
(2) Each associate member is to be appointed by the Minister by written instrument.
The appointment of each associate member IMPLIES A RELATIONSHIP BETWEEN THE MINISTER AND THE ASSOCIATE MEMBER.
Appointment implies a relationship between the Minister and the associate member
The appointment of each associate member IS A COGNITIVE ACTION OF THE MINISTER.
Appointment is a cognitive action of the Minister
The Minister MUST provide a written instrument for the appointment of each associate member.
Must provide written instrument for appointment
The appointment of each associate member IS A DIFFUSION OF AUTHORITY TO THE ASSOCIATE MEMBER.
Appointment is a diffusion of authority to the associate member
Associate members may be appointed as full-time or part-time associate members.
24(3) Appointment of associate members
Associate member's appointment must contain a statement specifying the matters related to their appointment.
24(4) Appointment of associate members
must contain a statement to the effect that...
(4) An associate member’s instrument of appointment...
25 Period of appointment for associate members
Associate members must hold office for a period not exceeding 5 years.
25(1) Period of appointment for associate members
The period of appointment overlaps with 5 years
(1) An associate member holds office for the period specified in his or her instrument of appointment.
The associate member must not exceed 10 years of appointment
Associate members must not exceed 10 years of appointment
Total periods of appointment must not exceed 10 years
The associate member must not exceed 5 years of appointment
Associate members must not exceed 5 years of appointment
Limitation on number of appointments for associate members
25(2) Period of appointment for associate members
However, a later appointment must not result in the sum of the person’s periods of appointment exceeding 10 years.
Describes the temporal relationship between appointments
(2) A person can be appointed as an associate member more than once.
Requires consideration of previous appointments
Associate members hold office until the end of an inquiry, investigation or hearing if specified in their appointment.
25(3) Period of appointment for associate members
the inquiry, investigation or hearing ends before the end of the period described in subsection (1);
The associate member's appointment is during the period described in subsection (1).
the associate member holds office until the end of the inquiry, investigation or hearing.
Associate members have an obligation to hold office until the end of an inquiry, investigation or hearing.
Extend associate member's appointment until end of inquiry, investigation or hearing.
25(4) Period of appointment for associate members
Defines period of appointment for associate members
25(5) Period of appointment for associate members
Overlaps with period before commencement of section 6
Includes periods when person was a member or associate member of ACMA or Australian Broadcasting Authority
Includes periods when person was a member or associate member of body corporate continued in existence by section 14 of Australian Communications Authority Act 1997
Subclass of period of appointment includes periods when person was a member or associate member of ACMA or Australian Broadcasting Authority
Subclass of period of appointment includes periods when person was a member or associate member of body corporate continued in existence by section 14 of Australian Communications Authority Act 1997
(ii) ending before the commencement of section 6
australian-communications-and-media-authority-act-2005.pdf, p.28
The Minister may appoint a person to act as an associate member.
26 Acting appointments—associate members
Conditional commencement of Act Interpretation Amendment Act 2011
26 May
27 Associate members to be treated as members for certain purposes
27 June
Imposes duty on persons providing telecommunications services.
Obliges the provider to meet the obligation.
27 May
Associate members are treated as members for certain purposes.
27(1) Associate members to be treated as members for certain purposes
...in connection with any inquiry, investigation, hearing or other matter specified in his or her instrument of appointment
Associates are treated as members for certain purposes
...an associate member is taken to be a member
27(2) Associate members to be treated as members for certain purposes
australian-communications-and-media-authority-act-2005.pdf, p.29
28 Remuneration
28 Sept
Member or associate member must be paid remuneration determined by the Remuneration Tribunal.
28(1) Remuneration
Member or associate member must be paid remuneration.
Member or associate member must be paid allowances prescribed in regulations.
28(2) Remuneration
Subject to the Remuneration Tribunal Act 1973.
28(3) Remuneration
29 Disclosure of interests
29 Sept 2007 (s 2(1)
Requires temporal intervals for conditional commencement
Disclosure of interests must be made to the Minister.
29(1) Disclosure of interests
Rules made for purposes of section apply in addition to subsection (1)
29(2) Disclosure of interests
Member must comply with subsection (1) of this section to avoid non-compliance with another Act.
29(3) Disclosure of interests
Member must not be considered non-compliant if they comply with subsection (1) of this section.
29(4) Disclosure of interests
australian-communications-and-media-authority-act-2005.pdf, p.8
3 Definitions
ACMA official is a member, associate member, or ACMA staff
Additional functions are defined in section 11
Additional functions have a specific meaning
Conditional commencement of Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Act 2006
30 June
Conditional commencement of certain schedules and items
australian-communications-and-media-authority-act-2005.pdf, p.30
31 Outside employment
Conditional commencement of Interactive Gambling Amendment (National Self-exclusion Register) Act 2019
31 Aug
31 May
Chair must obtain Minister's approval for outside employment.
31(1) Outside employment
Prohibits Chair from engaging in paid employment without approval.
Prohibition on outside employment without Chair's approval
31(2) Outside employment
Outside employment is prohibited without Chair's approval
(2) The other full-time members and the full-time associate members must not engage in paid employment outside the duties of their offices without the Chair’s approval.
Chair's approval is required for outside employment
Chair's justification is required for outside employment
Non-compliance with this obligation is sanctioned
This obligation is exempted for Chair's approval
32 Leave of absence
Recreation leave entitlements determined by the Remuneration Tribunal.
32(1) Leave of absence
Grant leave of absence on terms and conditions determined by the Minister.
32(2) Leave of absence
Grant leave of absence on terms and conditions determined by Chair.
32(3) Leave of absence
Grant leave of absence on terms and conditions determined by the Chair.
32(4) Leave of absence
A member or associate member may resign their appointment by giving the appointer a written resignation.
33 Resignation
34 Termination of appointment
Termination of appointment if performance is unsatisfactory
34(1) Termination of appointment
Governor-General must terminate appointment if Minister deems ACMA performance unsatisfactory.
34(2) Termination of appointment
Performance must be unsatisfactory for a significant period of time.
(2) The Governor-General must terminate the appointment of all of the members and associate members if the Minister is of the opinion that the ACMA’s performance has been unsatisfactory for a significant period of time.
The appointer may terminate the appointment of a member or associate member.
34(3) Termination of appointment
Termination of appointment under certain conditions.
34(4) Termination of appointment
...if: (i) becomes bankrupt or applies to take...
Overlap between bankruptcy and appointment termination
(a) the member or associate member: (i) becomes bankrupt;
Recognition of appointment termination conditions
...the appointment of a member or associate member
Diffusion of appointment termination conditions
Recurring trace of appointment termination conditions
34(5) Termination of appointment
(a) the member or associate member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 consecutive months;
(5) The appointer may terminate the appointment of a full-time member or full-time associate member if:
Prohibits paid employment outside duties.
australian-communications-and-media-authority-act-2005.pdf, p.32
Member or associate member holds office on terms and conditions determined by the appointer.
35 Other terms and conditions
on terms and conditions determined by the appointer
australian-communications-and-media-authority-act-2005.pdf, p.33
36 Times and places of meetings
The ACMA must hold meetings as necessary for the efficient performance of its functions.
36(1) Times and places of meetings
The meeting necessity contains a temporal interval.
Meeting necessity implies temporal interval
(1) The ACMA is to hold such meetings as are necessary for the efficient performance of its functions.
The CogAI system classifies the meeting necessity as necessary for the efficient performance of the ACMA's functions.
CogAI classification of meeting necessity
The ACMA MUST hold meetings as necessary for the efficient performance of its functions.
If the ACMA holds meetings, then those meetings must be necessary for the efficient performance of its functions.
Meeting necessity implies efficient function performance
The SHACL system validates the meeting necessity as necessary for the efficient performance of the ACMA's functions.
ACMA decides on meeting times and places.
36(2) Times and places of meetings
The Chair may call a meeting at any time.
36(3) Times and places of meetings
The Chair has the power to call a meeting.
36(4) Times and places of meetings
Must inform specified people about proposed meetings.
37 Notice of meetings
38 Presiding at meetings
Chair presides at meetings when present.
38(1) Presiding at meetings
Deputy Chair must preside if Chair is absent
38(2) Presiding at meetings
australian-communications-and-media-authority-act-2005.pdf, p.34
39 Quorum
A majority of members constitutes a quorum.
39(1) Quorum
Quorum requirements when a member cannot participate due to rules made under section 29 of the Public Governance, Performance and Accountability Act 2013.
39(2) Quorum
the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
Quorum requirement when a member cannot participate due to rules made under section 29 of the Public Governance, Performance and Accountability Act 2013.
(2) However, if: (a) rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 prevent a member from participating in the deliberations, or decisions, of the ACMA with respect to a particular matter; and (b) when the member leaves the meeting concerned there is no longer a quorum present;
australian-communications-and-media-authority-act-2005.pdf, p.11
4 When does an inquiry, investigation or hearing end?
Conditional commencement of Regulatory Reform Omnibus Act 2025
4 Dec 2025
Conditional commencement of Schedule 4 (items 1-7)
Defines when an inquiry, investigation or hearing ends for the purposes of this Act.
4(1) When does an inquiry, investigation or hearing end?
Classifies the legal effect as an Undertaking.
Conditional commencement of investigation or hearing
4(2) When does an inquiry, investigation or hearing end?
Conditional commencement of an investigation under certain provisions.
4(3) When does an inquiry, investigation or hearing end?
40 Participation etc. by associate members at meetings
Associate member entitled to participate in discussions at ACMA meetings
40(1) Participation etc. by associate members at meetings
Associate member has right to participate
Rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 apply.
40(2) Participation etc. by associate members at meetings
Rules apply to section 29 of the Public Governance, Performance and Accountability Act 2013.
(2) Subsection (1) has effect subject to rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.
41 Voting at meetings etc.
Majority vote required for decision-making at ACMA meetings.
41(1) Voting at meetings etc.
A majority vote is required for decision-making at ACMA meetings.
(a) the members; and (b) if the question relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the instruments of appointment of 1 or more associate members—that associate member, or each of those associate members.
The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote.
41(2) Voting at meetings etc.
The person presiding has the obligation to have a deliberative vote.
australian-communications-and-media-authority-act-2005.pdf, p.35
Regulate proceedings at meetings as considered appropriate.
42 Conduct of meetings
43 Minutes
australian-communications-and-media-authority-act-2005.pdf, p.36
44 Decisions without meetings
44(1) Decisions without meetings
(1) A decision is taken to have been made at a meeting of the ACMA
ACMA has an obligation to inform all members of the proposed decision
(a) without meeting, a majority of the members indicate agreement with the proposed decision in accordance with the method determined by the ACMA under subsection (2); and (b) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.
(b) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.
Determination of method for indicating agreement with proposed decisions is required.
44(2) Decisions without meetings
Requires determination of method for indicating agreement.
(a) has determined that it applies; and (b) has determined the method by which members are to indicate agreement with proposed decisions.
Exemption from deliberation on proposed decision
44(3) Decisions without meetings
(3) Paragraph (1)(a) does not apply to a member...
Associate members must follow certain procedures when making decisions.
44(4) Decisions without meetings
Associate members are appointed to make decisions.
Must keep record of decisions made in accordance with section 44.
45 Record of decisions
australian-communications-and-media-authority-act-2005.pdf, p.37
46 Divisions
Establishment of Divisions is mandatory if ACMA establishes one.
46(1) Divisions
Division exists from its establishment until its dissolution.
Division must exist at all times while it continues to exist.
ACMA must determine the kinds of matters the Division can deal with and ensure such a determination is in force at all times.
Establishment of Divisions is mandatory.
May dissolve a Division or revoke, vary or substitute a determination under subsection (1).
46(2) Divisions
ACMA must choose at least 3 members for a Division.
46(3) Divisions
Associate members can be included in a Division if they have expertise relevant to the matter.
46(4) Divisions
Associate members can be included in a Division
Associate members are included in a Division if they have expertise relevant to the matter.
A member or associate member can be in more than 1 Division.
46(5) Divisions
Removal of member or associate member from a Division
46(6) Divisions
A Division can decide a matter at a meeting of the Division.
46(7) Divisions
australian-communications-and-media-authority-act-2005.pdf, p.38
47 Meetings of a Division
Members must follow certain procedures when calling a meeting.
47(1) Meetings of a Division
Members must call a meeting by giving notice to other members.
47(2) Meetings of a Division
Division is required to determine its own rules for meetings
Cannot determine rules excluding or inconsistent with other rules.
47(3) Meetings of a Division
australian-communications-and-media-authority-act-2005.pdf, p.39
48 Division can make decisions without meetings
Decision-making without meetings requires majority agreement and notification.
48(1) Division can make decisions without meetings
A decision is taken to have been made at a meeting of a Division if...
Requires temporal relation between decision and notification
(b) all the members in the Division were informed of the proposed decision, or reasonable efforts were made to inform all those members of the proposed decision
(a) without meeting, a majority of the members in the Division indicate agreement with the proposed decision
Requires ordered trace of decisions and notifications
(a) without meeting, a majority of the members in the Division indicate agreement with the proposed decision, (b) all the members in the Division were informed of the proposed decision, or reasonable efforts were made to inform all those members of the proposed decision
Division must determine that subsection (1) applies before it can apply.
48(2) Division can make decisions without meetings
Division must determine that subsection (1) applies.
australian-communications-and-media-authority-act-2005.pdf, p.40
49 Minutes etc.
australian-communications-and-media-authority-act-2005.pdf, p.1
Compilation information and notes on amendments.
5 December 2025
australian-communications-and-media-authority-act-2005.pdf, p.12
Defines additional offices for reference purposes
5 When is there a vacancy?
of the Australian Communications and Media Authority Act 2005.
Classifies the text as a compilation of the Australian Communications and Media Authority Act 2005.
australian-communications-and-media-authority-act-2005.pdf, p.41
50 Delegations by ACMA to a Division
ACMA may delegate functions and powers to a Division.
50(1) Delegations by ACMA to a Division
Prima facie evidence of delegated function or power performance
50(2) Delegations by ACMA to a Division
The certificate is prima facie evidence of the matter
Certificate issued during Division's decision-making process
Division's decision was made on or before the certificate's issuance date
Certificate implies ACMA's delegation to perform function or exercise power
CogAI recognizes ACMA's delegation to perform function or exercise power
ACMA holds the obligation to provide prima facie evidence
Certificate diffuses information about ACMA's delegation
Document purporting to be a certificate is taken as such unless proven otherwise.
50(3) Delegations by ACMA to a Division
Delegations of functions and powers by ACMA to others
51 Delegations by ACMA to others
australian-communications-and-media-authority-act-2005.pdf, p.42
52 Delegations by a Division
Delegations of functions and powers to members, associate members, ACMA staff, or persons with services made available under subsection 55(1).
52(1) Delegations by a Division
Delegations are subject to subsection (1A) and section 53.
(1) Subject to subsection (1A) and section 53, a Division may delegate...
...a person whose services are made available under subsection 55(1)
Delegations are made available under subsection 55(1).
Delegate functions and powers to specified entities.
Delegations are subject to the conditions of subsection (1A).
...all or any of the functions and powers delegated to it under section 50
Delegations are part of the functions and powers delegated under section 50.
52(1A) Delegations by a Division
Delegation power is effective within specified temporal bounds.
the delegation is only for the purposes of one or both of the following:
...the Division is satisfied that it is appropriate for a delegate to exercise the power;
Division justifies delegation by considering policy and decision requirements.
if the delegation is for the purposes of giving effect to a policy or a decision of the Division—having regard to what would be required, necessary or convenient to give effect to the policy or decision,
Division has the obligation to delegate power only under specified conditions.
The Division may only delegate a power...
...if the delegation is for the purposes of giving effect to a policy or decision of the Division—
Person eligible for delegation must meet specified conditions.
the person is: (i) a member; (ii) an SES employee or an acting SES employee; (iii) a person holding, or performing the duties of, an office or position that is at a level equivalent to that of an SES employee.
Delegation continues despite membership change
52(2) Delegations by a Division
52(3) Delegations by a Division
Certificate requirements for delegation under subsection (1)
52(4) Delegations by a Division
australian-communications-and-media-authority-act-2005.pdf, p.44
53 Limit on powers delegable to persons other than Divisions
List of powers not subject to sections 51 and 52
53(2) Limit on powers delegable to persons other than Divisions
Limitation on powers delegable to persons other than Divisions
53(3) Limit on powers delegable to persons other than Divisions
australian-communications-and-media-authority-act-2005.pdf, p.46
54 Staff
Staff must be persons engaged under the Public Service Act 1999.
54(1) Staff
Designates ACMA staff as a statutory agency.
54(2) Staff
the Chair and the ACMA staff together constitute a Statutory Agency;
Establishes the relationship between ACMA staff and a statutory agency.
(2) For the purposes of the Public Service Act 1999:
55 Arrangements with authorities of the Commonwealth
Granting permission for authorities of the Commonwealth to use ACMA staff.
55(1) Arrangements with authorities of the Commonwealth
55(2) Arrangements with authorities of the Commonwealth
This section defines authority of the Commonwealth
Authority of the Commonwealth is a public entity
australian-communications-and-media-authority-act-2005.pdf, p.47
56 Corporate plans
Details of other matters as Minister requires.
Corporate plan must include required details.
56(1) Corporate plans
56(2) Corporate plans
Annual report must include certain information.
57 Annual reports
australian-communications-and-media-authority-act-2005.pdf, p.50
58 Advisory committees
58(1) Advisory committees
ACMA appoints members to advisory committees.
58(2) Advisory committees
Revocation of appointment to advisory committee
58(3) Advisory committees
ACMA may give advisory committee written directions.
58(4) Advisory committees
...the way in which the committee is to carry out its functions;
Temporal relation between ACMA and advisory committee
(4) The ACMA may give an advisory committee written directions as...
...procedures to be followed in relation to meetings.
Recommendations for advisory committee procedures
Potential for advisory committee decisions to spread
Appointment to advisory committee is not a public office.
58(5) Advisory committees
Appointment to advisory committee is not a public office during this period.
Temporal interval: Appointment to advisory committee -> [1973-01-01, 1973-12-31]
Appointment to advisory committee is an appointment made in 1973.
Appointment to advisory committee is not an appointment to advisory committee.
If appointment to advisory committee is a public office, then it is not an appointment to advisory committee.
Appointment to advisory committee is a public office.
Class hierarchy: Appointment -> AdvisoryCommittee -> PublicOffice
Appointment to advisory committee is an appointment.
Appointment to advisory committee -> Not a public office iff Appointment to advisory committee is not an appointment to advisory committee.
59 Consumer Consultative Forum
Continuation of Consumer Consultative Forum
59(1) Consumer Consultative Forum
The Forum's function is to assist the ACMA.
59(2) Consumer Consultative Forum
The key 'sec-59-ss-2' defines a temporal interval.
(2) The Forum’s function is to assist the ACMA to perform the ACMA’s functions in relation to matters affecting consumers.
The key 'sec-59-ss-2' implies that the Forum assists the ACMA.
The key 'sec-59-ss-2' represents knowledge about the Forum's function.
The Forum has an obligation to assist the ACMA.
The key 'sec-59-ss-2' propagates information about the Forum's function.
Defines persons on the Consumer Consultative Forum.
59(3) Consumer Consultative Forum
The ACMA may revoke a person’s appointment to the Forum.
59(4) Consumer Consultative Forum
ACMA may give written directions to the Forum.
59(5) Consumer Consultative Forum
Appointment to the Forum is not a public office.
59(6) Consumer Consultative Forum
The appointment occurs during the absence of a public office claim.
Temporal relation to public office claim
(6) An appointment to the Forum is not a public office within the meaning of the Remuneration Tribunal Act 1973.
The appointment is not an instance of a public office.
The appointment asserts that it is not a public office.
australian-communications-and-media-authority-act-2005.pdf, p.52
59A Disclosure to Ministers
Disclosure of authorized information to the Minister is obligatory.
59A(1) Disclosure to Ministers
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 information to Secretary or APS employee for advising Minister
59B(1) Disclosure to public servants for advising their Ministers
Disclosure of authorized information to public servants for advising their Ministers.
59B(1A) Disclosure to public servants for advising their Ministers
Mandatory disclosure of authorized information.
Disclosure of information for advising Ministers
59B(2) Disclosure to public servants for advising their Ministers
Temporal relation between disclosure and Minister's administration
(2) For the purpose of advising a Minister administering a particular provision of an Act...
(2) For the purpose of advising a Minister administering a particular provision of an Act, an ACMA official may disclose authorised disclosure information relating to a matter arising under that provision...
No limitation on disclosure to public servants for advising their Ministers.
59B(3) Disclosure to public servants for advising their Ministers
Subsection (3) starts after subsections (2) and (2A)
(3) is a subset of the temporal interval defined by (2) and (2A)
Subsection (3) is a subset of the temporal interval defined by subsections (2) and (2A)
australian-communications-and-media-authority-act-2005.pdf, p.53
59C Disclosure to Royal Commissions
Disclosure of authorized information to Royal Commissions
59C(1) Disclosure to Royal Commissions
Imposing conditions on 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
(3) An instrument made under subsection (2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.
Negative assertion of a prohibition on making an instrument
Disclosure of instruments made under subsection (2) is required.
59C(4) Disclosure to Royal Commissions
Disclosure of information to certain authorities with Chair's satisfaction
59D Disclosure to certain authorities
Disclosure enabled by Chair's satisfaction
Temporal overlap between disclosure and authority functions
Chair's satisfaction that the information will enable or assist the authority to perform or exercise any of its functions or powers
Knowledge sharing between ACMA official and authorities
ACMA official authorised by the Chair for purposes of this section
Disclosure of information to certain authorities
Information flow from ACMA official to authorities
Disclosure of authorised disclosure information
Recurring trace of disclosure and authority actions
Recurring trace between disclosure and authority actions
Disclosure to specified authorities if the Chair is satisfied
australian-communications-and-media-authority-act-2005.pdf, p.55
Disclosure of information related to a carrier or carriage service provider's affairs
59DA Disclosure of information that relates to the affairs of a
australian-communications-and-media-authority-act-2005.pdf, p.58
Disclosure of information for SPF regulators and EDR scheme operators
59DB Disclosure of information that relates to the Scams Prevention
Disclosure for SPF regulators and EDR scheme operators
59E Disclosure with consent
59E(1) Disclosure with consent
Disclosure is allowed during consent period
(1) An ACMA official may disclose authorised disclosure information that relates to the affairs of a person if:
(b) the disclosure is in accordance with that consent
(a) the person has consented to the disclosure
that relates to the affairs of a person if: (a) the person has consented to the disclosure; and (b) the disclosure is in accordance with that consent
Disclosure must be in accordance with consent
(1) An ACMA official may disclose authorised disclosure information
59E(2) Disclosure with consent
Clarifies subsection (2) for avoidance of doubt
59E(3) Disclosure with consent
59F Disclosure of publicly available information
ACMA official may disclose authorised disclosure information if it is already publicly available.
59F(1) Disclosure of publicly available information
Disclosure of publicly available information is mandatory for ACMA officials.
59F(2) Disclosure of publicly available information
Mandatory disclosure of publicly available information.
59F(3) Disclosure of publicly available information
australian-communications-and-media-authority-act-2005.pdf, p.59
59G Disclosure of summaries and statistics
59G(1) Disclosure of summaries and statistics
Disclosure of summaries and statistics is required for ACMA officials.
59G(2) Disclosure of summaries and statistics
59G(3) Disclosure of summaries and statistics
59H Disclosure authorised by regulations
Disclosure of authorized information may be made by ACMA officials under specified circumstances.
59H(1) Disclosure authorised by regulations
An instrument made under regulations must disclose certain information.
59H(2) Disclosure authorised by regulations
An instrument...not a legislative instrument.
Imposes obligation on instruments 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
australian-communications-and-media-authority-act-2005.pdf, p.60
Disclosure of information prohibited by Part 13 of the Telecommunications Act 1997
59K Relationship with Part 13 of the Telecommunications Act 1997
Prohibition applies within a specific temporal interval
Part 13 of the Telecommunications Act 1997
ACMA official must not disclose information
Disclosure of information prohibited by Part 7B of the Interactive Gambling Act 2001.
59KA Relationship with Part 7B of the Interactive Gambling Act
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 when performing a function or exercising a power delegated under subsection (1).
59L(2) Delegation of Chair’s powers under this Part
Delegate's actions are within the scope of this Part
Delegate must comply with Chair's directions
Chair's directions imply a duty on the delegate
Delegate performing a function or exercising a power
australian-communications-and-media-authority-act-2005.pdf, p.13
6 Establishment
Establishes the Australian Communications and Media Authority.
6(1) Establishment
Establishes ACMA as a listed entity and defines its accountable authority.
6(2) Establishment
ACMA must be classified as a listed entity.
Chair must be defined as the accountable authority of the ACMA.
The Chair is the accountable authority of the ACMA.
ACMA officials must be classified as officials of the ACMA.
ACMA officials are officials of the ACMA.
australian-communications-and-media-authority-act-2005.pdf, p.61
60 Charges relating to ACMA’s expenses
Determine charges for ACMA services and expenses
60(1) Charges relating to ACMA’s expenses
60(2) Charges relating to ACMA’s expenses
ACMA may charge a person for expenses related to its functions.
60(3) Charges relating to ACMA’s expenses
australian-communications-and-media-authority-act-2005.pdf, p.62
61 Charges are payable to the Commonwealth
The Commonwealth has an obligation to receive the charge
ACMA's expenses include related Commonwealth expenses
62 ACMA’s expenses include related Commonwealth expenses
Classifies the relation between ACMA's expenses and related Commonwealth expenses
62A Proceedings in the name of the ACMA
Proceedings may be brought in the name of ACMA.
62A(1) Proceedings in the name of the ACMA
Proceedings against the Commonwealth in relation to ACMA's functions or powers may be brought against the ACMA.
62A(2) Proceedings in the name of the ACMA
Proceedings may be brought against the ACMA.
Obligation to bring proceedings against the Commonwealth in relation to ACMA's functions or powers.
australian-communications-and-media-authority-act-2005.pdf, p.63
62B Decisions relating to the Commonwealth etc.
The ACMA can make decisions relating to the Commonwealth and its authorities.
62B(1) Decisions relating to the Commonwealth etc.
Exemption from application of section to decisions against Commonwealth or its authorities.
62B(2) Decisions relating to the Commonwealth etc.
States that section only applies within certain temporal intervals.
(2) This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority.
Prohibits application of section to certain decisions.
States that if decision is against Commonwealth, then section does not apply.
Chair is not subject to direction by ACMA on certain matters
63 Chair not subject to direction by ACMA on certain matters
The Chair cannot be directed by ACMA on certain matters.
Chair's performance of functions is not subject to direction by ACMA
The Chair is not subject to direction by ACMA on certain matters.
Chair cannot be directed by ACMA on certain matters
The Chair cannot exercise powers in relation to certain matters.
Chair's exercise of powers is not subject to direction by ACMA
64 Definitions determination
ACMA may make written determination defining expressions used in specified instruments.
64(1) Definitions determination
Authorises Minister to adopt provisions of a determination under subsection (1) with modifications.
64(2) Definitions determination
Determination under subsection 64(1) may be made without limiting ACMA's powers.
65 Determinations may define expressions by reference to other
ACMA has the power to make determinations.
australian-communications-and-media-authority-act-2005.pdf, p.64
66 Person not to use protected name or protected symbol
Using protected name or symbol without permission is prohibited.
66(1) Person not to use protected name or protected symbol
Prohibition of using protected name or symbol.
The action is classified as a prohibited act.
Classification of the action as a prohibited act.
ACMA consents in writing to use or application of protected name or symbol.
66(2) Person not to use protected name or protected symbol
No effect on trade mark or design rights
66(3) Person not to use protected name or protected symbol
Use of protected name or symbol not affected by section 66(4)
66(4) Person not to use protected name or protected symbol
australian-communications-and-media-authority-act-2005.pdf, p.66
67 ACMA to maintain Register of policy notifications and
Maintain Register of policy notifications and contents.
67(1) ACMA to maintain Register of policy notifications and
Register must be maintained by electronic means.
67(2) ACMA to maintain Register of policy notifications and
Classification of Register maintenance method
Allow inspection and copying of Register with payment of charge.
67(3) ACMA to maintain Register of policy notifications and
Grant permission to inspect and copy Register.
A person must make a copy of or take an extract from the Register if ACMA provides them with a printout.
67(4) ACMA to maintain Register of policy notifications and
Must provide copy or extract from Register
Register is a collection of policy notifications
Policy notifications are stored in Register
Provide information in electronic form upon request
67(5) ACMA to maintain Register of policy notifications and
Grant permission to provide information electronically
67(6) ACMA to maintain Register of policy notifications and
australian-communications-and-media-authority-act-2005.pdf, p.67
No liability for damages for acts done in good faith under section 284N
67A Liability for damages—public warning notices
No liability implies no obligation to provide
Good faith exercise of power excludes liability
australian-communications-and-media-authority-act-2005.pdf, p.68
Governor-General may make regulations for carrying out or giving effect to the Act.
68 Regulations
Classifies regulations as part of the Act's implementation.
Regulations are prescribed by the Governor-General.
australian-communications-and-media-authority-act-2005.pdf, p.14
ACMA's functions described in this Division.
7 ACMA’s functions
8 ACMA’s telecommunications functions
Commencement of Communications Legislation Amendment (Content Services) Act 2007
8 Dec 2006
ACMA's telecommunications functions are specified.
8(1) ACMA’s telecommunications functions
Definition of expression used in section
8(2) ACMA’s telecommunications functions
Same meaning as in Telecommunications Act 1997
australian-communications-and-media-authority-act-2005.pdf, p.15
9 ACMA’s spectrum management functions
9 July 2024
ACMA has obligations regarding spectrum management
Australian Communications and Media Authority Act 2005