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