Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Hansard source

I seek leave to incorporate my closing remarks in Hansard and commend the bill to the Senate.

Leave granted.

Part 1 of schedule 1 to this Bill amends the Australian Communications and Media Authority Act 2005 (the ALMA Act) to authorise the disclosure of certain information by the Australian Communications and Media Authority (ALMA) to the Minister for Communications, Information Technology and the Arts, Departments, government agencies and regulatory bodies.

ALMA 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 radiocommunications matters.

The Minister for Communications, Information Technology and the Arts, and certain other Australian Government regulatory bodies have a legitimate interest in receiving information that is obtained by ALMA.

At present, the circumstances in which ALMA can legitimately pass on information are uncertain. The amendments in this Bill will provide ALMA with an appropriate level of certainty and in so doing, will enhance the efficiency of the regulator’s enforcement activities.

The amendments will be of particular benefit to ALMA in the context of its role in the Government’s media ownership reforms that took effect from 4 April 2007.

Amendments to the Trade Practices Act 1974 to provide the ACCC with powers to disclose protected information were recently passed by the Parliament. However, no similar powers exist for ALMA.

Clearly, the information ALMA receives from regulated entities has the potential to be sensitive and it is therefore appropriate that the Bill includes a number of provisions designed to ensure that appropriate protection is provided to sensitive and personal information.

Whilst the majority of information ACMA collects is commercial in nature, the continued application of the Privacy Act 1988, together with other safeguards incorporated into the Bill, will ensure that appropriate measures are in place for the protection of personal information that might fall within the scope of the Bill.

Part 2 of schedule 1 to this Bill amends the Radiocommunications Act 1992 to correct anomalies relating to spectrum replanning for licences on the unassigned channels, and the Datacasting Charge (Imposition) Act 1998 in relation licence fees on Channel B.

The Bill amends the Radiocommunications Act 1992 to give ACMA greater flexibility in carrying out its spectrum management functions in relation to datacasting transmitter licences. The provisions will permit ALMA to vary a condition of a datacasting transmitter licence that relates to radiofrequency spectrum after such a licence has been allocated.

The Government’s intention is that a channel B datacasting transmitter licensee will not be subject to an annual revenue based fee.

The Bill amends the Datacasting Charge (Imposition) Act 1998 to correct anomalies concerning the application of datacasting charges in relation to Channel B, to ensure the Government’s intention is implemented in a case where Channel B is controlled by a commercial television broadcasting service.

The Government’s intention is that Channel B licences will not be subject to an annual, revenue based fee. Accordingly this Bill contains an amendment which clarifies that a Channel B licenceholder will not be subject to that annual fee.

However, Commercial TV licenceholders will continue to be subject to that annual, revenue based fee where they operate commercial datacasting licences within their existing commercial television platform.