Barry Wakelin (Grey, Liberal Party) Share this | Hansard source

The Communications Legislation Amendment (Information Sharing and Datacasting) Bill 2007 is fairly straightforward in improving the efficiency and effectiveness of the Australian Communications and Media Authority Act. I do not propose to speak for more than three or four minutes. The legislation will authorise ACMA to disclose a certain class of information in limited circumstances, including information given in confidence to ACMA in connection with the performance of its functions or the exercise of its powers. The information that ACMA obtains as a result of its information-gathering powers is set out in the Broadcasting Services Act 1992, the Radiocommunications Act 1992, the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. Information given to ACMA in confidence by a government authority or foreign country reflects the important cooperative effort undertaken by ACMA with the regulatory agencies of foreign countries in relation to issues such as offensive internet content and child safety online.

The ACMA chair may impose conditions on the disclosure of particular information by ACMA officials. The bill would also authorise ACMA to disclose information to other people, including: the Minister for Communications, Information Technology and the Arts—and there are some very good reasons given for that; another minister, if the information to be disclosed relates to a matter arising under an act administered by that minister; the secretary of the relevant minister’s department, or to another officer authorised by the secretary, for the purposes of advising the minister concerned; or a royal commission, where the protected information will assist the commission in its inquiries.

The bill also contains measures concerning the allocation of datacasting transmitter licences, including in relation to channel A and channel B datacasting transmitter licences. These measures make amendments which give ACMA greater flexibility. The bill is not expected to have any great financial impact.

ACMA frequently receives information through the performance of its functions and the exercise of its powers as the Australian government regulatory body responsible for broadcasting, telecommunications and radio communications matters. That, after all, is one of its main tasks. In dealing with industry in relation to a proposed merger, both the Australian Competition and Consumer Commission and ACMA are likely to receive evidence relating to the question of control of commercial broadcasting licences. As arrangements currently stand, ACMA would be unable to share such information with the ACCC even though it is relevant to the performance of the ACCC’s statutory functions under the Trade Practices Act 1974 in considering and approving proposed media mergers.

The issue of privacy has been raised, and I will deal with it briefly. While the majority of information that ACMA collects is commercial in nature, the continuing application of the Privacy Act 1988 together with other safeguards incorporated into the bill would ensure the appropriate measures are in place for the protection of personal information that might fall within the scope of the bill. It should also be noted that the bill has been drafted so as to restrict ACMA’s ability to share authorised disclosure information to certain prescribed circumstances that have strong links to the regulatory functions of other parts of government.

Finally, the report of the Senate Standing Committee on Environment, Communications, Information Technology and the Arts concluded:

The committee is satisfied with the bill as a whole. The committee believes the amendments in the bill in relation to information sharing will provide ACMA with an appropriate level of certainty and enhance the efficiency of the regulator’s enforcement activities. The committee also supports the provisions relating to the Government’s decisions concerning Channel A and Channel B datacasting transmitter licences—

which I referred to earlier.

The committee recognises the need, emphasised by the ABC and FreeTV, for careful planning to precede the introduction of mobile television services. The committee is confident that DCITA and ACMA are committed to processes that will ensure successful implementation in this area, and that this bill is just one element of preparation for decisions in relation to Channels A and B.

I thank the House.

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