Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 (59 of 1997)

Schedule 2   Amendment of the Radiocommunications Act 1992

Part 3   Public inquiries

24   Section 261

Repeal the section, substitute:

261 Hearings

(1) The ACA may hold hearings for the purposes of a public inquiry.

(2) Hearings may be held, for example:

(a) in order to receive submissions about the matter to which the inquiry relates; or

(b) in order to provide a forum for public discussion of issues relevant to that matter.

(3) At a hearing, the ACA may be constituted by:

(a) a member or members determined in writing by the Chairman for the purposes of that hearing; or

(b) if the functions and powers of the ACA in relation to the hearing have been delegated to a person under section 49 of the Australian Communications Authority Act 1997 - that person.

(4) The Chairman is to preside at all hearings at which he or she is present.

(5) If, at a hearing:

(a) the ACA is not constituted by a delegate referred to in paragraph (3)(b); and

(b) the Chairman is not present at the hearing;

the member specified, in an instrument under paragraph (3)(a), as the member who is to preside at the hearing is to preside.

(6) The ACA may regulate the conduct of proceedings at a hearing as it thinks appropriate.

261A Hearing to be in public except in exceptional cases

(1) This section applies to a hearing conducted under this Part.

(2) The basic rule is that the hearing must take place in public.

(3) However, the hearing, or a part of the hearing, may be conducted in private if the ACA is satisfied that:

(a) evidence that may be given, or a matter that may arise, during the hearing or a part of the hearing is of a confidential nature; or

(b) hearing a matter, or part of a matter, in public would not be conducive to the due administration of this Act.

(4) If the hearing is to be conducted in public, the ACA must give reasonable public notice of the conduct of the hearing.

261B Confidential material not to be published

(1) This section applies to a hearing conducted under this Part.

(2) If:

(a) the hearing, or a part of the hearing, takes place in public; and

(b) the ACA is of the opinion that:

(i) evidence or other material presented to the hearing; or

(ii) material in a written submission lodged with the ACA;

is of a confidential nature;

the ACA may order that:

(c) the evidence or material not be published; or

(d) its disclosure be restricted.

(3) A person must not, without reasonable excuse, fail to comply with an order under subsection (2).

(4) A person who intentionally or recklessly contravenes subsection (3) is guilty of an offence punishable on conviction by a fine not exceeding 50 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

261C Direction about private hearings

(1) This section applies to a hearing conducted under this Part.

(2) If the hearing, or a part of the hearing, takes place in private, the ACA:

(a) must give directions as to the persons who may be present at the hearing or the part of the hearing; and

(b) may give directions restricting the disclosure of evidence or other material presented at the hearing or the part of the hearing.

(3) A person must not, without reasonable excuse, fail to comply with a direction under subsection (2).

(4) A person who intentionally or recklessly contravenes subsection (3) is guilty of an offence punishable on conviction:

(a) in the case of a direction under paragraph (2)(a) - by a fine not exceeding 10 penalty units; or

(b) in the case of a direction under paragraph (2)(b) - by a fine not exceeding 50 penalty units.

Note: See also sections 4AA and 4B of the Crimes Act 1914.

261D Reports on inquiries

(1) If the ACA holds a public inquiry, the ACA must prepare a report setting out its findings as a result of the inquiry.

(2) If the inquiry was held because of a direction given by the Minister under section 256, the ACA must give a copy of the report to the Minister.

(3) If the inquiry was held otherwise than because of a direction given by the Minister under section 256, the ACA must publish the report.

(4) The ACA is not required to include in a report any material:

(a) that is of a confidential nature; or

(b) the disclosure of which is likely to prejudice the fair trial of a person; or

(c) that is the subject of an order or direction under section 261B or 261C.