Bruce Billson (Dunkley, Liberal Party, Minister Assisting the Minister for Defence) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Australian Communications and Media Authority (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 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 ACMA.

At present, the circumstances in which ACMA can legitimately pass on information are uncertain. The amendments in this bill will provide ACMA 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 ACMA in the context of its role in the government’s media ownership reforms that took effect from 4 April 2007.

In dealing with industry in relation to a proposed merger, both the Australian Competition and Consumer Commission (ACCC) 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.

Amendments to the Trade Practices Act 1974 to provide the ACCC with powers to disclose protected information have also been brought before the parliament. However, no similar powers exist for ACMA.

ACMA has also established close relationships with overseas regulatory agencies in developing cooperative arrangements for the regulation of the internet industry. The global nature of the internet means that liaison with regulatory and other relevant bodies overseas is a vital part of addressing offensive internet material and working towards securing child safety online.

This bill will make clear ACMA’s ability to share important information it has gathered pursuant to its online content responsibilities with overseas regulatory agencies. It will also authorise ACMA to share relevant material with domestic law enforcement agencies, including the Australian Federal Police and the Director of Public Prosecutions.

In addition, the removal of potential barriers to information sharing with regulatory and other agencies will go some way to helping reduce duplication and the reporting burden on industry. There have been instances in which regulators have requested similar information from industry, creating an undesirable overlap and otherwise avoidable burden for industry.

The kinds of information that ACMA will be authorised to share will include information given in confidence to ACMA in connection with the performance of its functions or the exercise of its powers.

In addition, ACMA will be authorised to disclose information it has obtained as a result of its coercive information-gathering powers, as set out in applicable broadcasting, radiocommunications and telecommunications legislation.

ACMA will also be authorised to disclose information that is already in the public domain. ACMA will also be free to disclose information in summarised or statistical form, provided appropriate privacy protections are in place.

The bill will provide ACMA with clear authority to disclose information to the Minister for Communications, Information Technology and the Arts. In the past, there has been some uncertainty regarding the ability of ACMA to share important information it has obtained in connection with its regulatory activities with the minister.

The range of ACMA’s regulatory functions often necessitates close consultation and liaison across a range of ministerial portfolios. Accordingly, ACMA will also be able to disclose information to another minister, if that information relates to matters arising under an act administered by that minister. ACMA will also be able to disclose that information to the secretary of the relevant minister’s department, or an authorised officer of that department.

The bill also makes provision for ACMA to disclose information to a royal commission where that information will assist the commission in its inquiries.

Clearly, the information ACMA receives from regulated entities has the potential to be commercially sensitive and it is therefore appropriate that the list of agencies ACMA will be authorised to share information with will be limited to those with which ACMA has an ongoing cooperative role.

Furthermore, disclosure will only be permitted in circumstances where the ACMA chair is satisfied that the information will assist or enable the other party to perform any of its functions or exercise any of its powers. The bill also makes provision for the Chair of ACMA to impose conditions to be complied with in relation to the disclosure of information.

The provisions in this bill will enable ACMA to cooperate to the greatest extent possible with the minister, government departments and other key regulatory agencies in performing its vital functions in relation to the regulation of broadcasting, the internet, radiocommunications and telecommunications.

The public interest in good governance would not be served by restricting the ability of regulators to work cooperatively and share information on related issues.

The bill also includes provisions relating to the government’s decisions concerning channel A and channel B datacasting transmitter licences.

Channel A licences can be used for fixed, in-home, free to air digital services, while channel B licences can be used for a wider range of services, including mobile TV.

The bill will give ACMA greater flexibility in carrying out its spectrum management functions in relation to these licences.

The provisions in this bill will permit ACMA to vary a condition of a datacasting transmitter licence that relates to radiofrequency spectrum after such a licence has been allocated.

This will allow ACMA to address a range of technical issues as they arise.

Such technical issues could include addressing potential interference with existing services and optimising spectrum for particular services such as mobile TV.

The government announced that channel B licences would not be subject to an annual licence fee.

However, under the Datacasting Charge (Imposition) Act 1998, an annual licence fee could potentially be imposed on a channel B licensee.

Therefore, the bill includes provisions to ensure that the datacasting charge would not be imposed in relation to the provision of services under a channel B licence.

I commend the bill to the House.

Debate (on motion by Mr McClelland) adjourned.