Commonwealth Consolidated Acts

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2005 - SCHEDULE 4

Part   1 -- Preliminary

1   Definitions

(1)   In this Schedule, unless the contrary intention appears:

ABA means the Australian Broadcasting Authority that was established by the Broadcasting Services Act 1992 .

ACA means the body corporate that was continued in existence by the Australian Communications Authority Act 1997 .

ACMA means the Australian Communications and Media Authority that is established by the ACMA Act.

ACMA Act means the Australian Communications and Media Authority Act 200 5 .

Imposition Act means any of the following Acts:

  (a)   the Datacasting Charge (Imposition) Act 1998 ;

  (b)   the Radiocommunications (Receiver Licence Tax) Act 1983 ;

  (c)   the Radiocommunications (Spectrum Licence Tax) Act 1997 ;

  (d)   the Radiocommunications (Transmitter Licence Tax) Act 1983 ;

  (e)   the Radio Licence Fees Act 1964 ;

  (f)   the Telecommunications (Carrier Licence Charges) Act 1997 ;

  (g)   the Telecommunications (Numbering Charges) Act 1997 ;

  (h)   the Television Licence Fees Act 1964 .

liability means any liability, duty or obligation, whether actual, contingent or prospective, but does not include a liability, duty or obligation imposed by an Act or by regulations or other subordinate legislation made under an Act.

transition time means the commencement of section   6 of the ACMA Act.

(2)   Subject to subitem   ( 1), an expression used in this Schedule that is also used in the ACMA Act has the same meaning in this Schedule as it has in that Act.

Part   3 -- References to, and things done by or in relation to, ABA or ACA

8   References in instruments to ABA or ACA

(1)   This item applies to an instrument if it:

  (a)   was in force immediately before the transition time; and

  (b)   is an instrument covered by one or more of the following subparagraphs:

  (i)   an instrument that was made by the ABA or ACA; or

  (ii)   an instrument to which the ABA or ACA was a party; or

  (iii)   an instrument that was given to, or in favour of, the ABA or ACA; or

  (iv)   an instrument under which any right or liability accrues or may accrue to the ABA or ACA; or

  (v)   any other instrument in which a reference is made to the ABA or ACA.

(2)   Subject to subitem   ( 3), an instrument to which this item applies continues to have effect from the transition time as if a reference in the instrument to the ABA or ACA (whether the reference is in that abbreviated form or is in the full name of that Authority) were a reference to the ACMA.

(3)   However, if:

  (a)   the reference is to the ABA or the ACA as an entity with a particular power or capacity (for example, as party to a contract or the holder of real or personal property); and

  (b)   the ACMA does not have that power or capacity (see sections   12 and 18 of the ACMA Act);

the reference has effect from the transition time as if it were a reference to the Commonwealth.

(4)   The regulations may determine that one of subitems   ( 2) and (3), rather than the other of those subitems, applies in relation to a particular reference or class of references.

(5)   For the purposes of this item, an instrument :

  (a)   includes, but is not limited to, a regulation, declaration, determination, direction, licence, application or standard; but

  (b)   does not include an Act, or an instrument made under an Imposition Act.

10   Things done by, or in relation to, ABA or ACA etc.

(1)   This item applies to a thing done by, or in relation to, the ABA or the ACA under:

  (a)   a provision (the authorising provision ) of an Act, other than:

  (ii)   a provision of an Imposition Act; or

  (ii)   a provision that is repealed by this Act; or

  (b)   a provision (the authorising provision ) of an instrument made under a provision of an Act, other than:

  (ii)   a provision of an Imposition Act; or

  (ii)   a provision that is repealed by this Act.

(2)   Subject to subitem   ( 3), the thing done has effect from the transition time as if it had been done by, or in relation to, the ACMA under the authorising provision as in force from the transition time. However this is not taken to change the time at which the thing was actually done.

(3)   However if the thing done is a thing of a kind that, under the authorising provision as in force from the transition time, cannot be done by or in relation to the ACMA, the thing has effect from the transition time as if it had been done by or in relation to the Commonwealth.

(4)   The regulations may:

  (a)   provide that this item does not apply to a specified class or classes of things done; or

  (b)   determine that one of subitems   ( 2) and (3), rather than the other of those subitems, applies in relation to a particular thing done, or class of things done; or

  (c)   clarify how a thing has effect as mentioned in subitem   ( 2) or (3).

12   Continued effect of certain instruments made under the repealed provisions

(1)   An instrument:

  (a)   made or given under the Australian Communications Authority Act 1997 and specified in the following table; and

  (b)   in force immediately before the transition time;

continues to have effect from the transition time as if it were made or given under the corresponding provision of the ACMA Act specified in the table.

(2)   A determination in force under clause   61 of Schedule   4 to the Broadcasting Services Act 1992 immediately before the transition time has effect from the transition time as if it were a determination under subsection   60(1) of the ACMA Act.

Note:   Instruments made by the ABA or ACA under provisions of Acts that are amended (rather than repealed) by this Act will continue to have effect as a result of item   10.