The Federal Government announced on 12 June 2015 that it is undertaking a comprehensive review of the Australian Communications and Media Authority (ACMA), with the main objective being to ensure that the ACMA remains "fit-for-purpose" for both the contemporary and future communications regulatory environment. The review will be undertaken by the Department of Communications and supported by a Reference Group of Australian and international communications and regulatory experts.

Background

Established in 2005 under the Australian Communications and Media Authority Act 2005 (Cth) (ACMA Act), the ACMA is responsible for the regulation of the broadcasting, telecommunications radiocommunications and internet industries in Australia. The ACMA currently has significant regulatory responsibilities under four principle acts: the Radiocommunications Act, the Telecommunications Act, the Telecommunications (Consumer Protection and Service Standards) Act and the Broadcasting Services Act.

In announcing the review, the Minister for Communications, the Hon Malcolm Turnbull, stated:

The Australian communications environment has changed dramatically since the ACMA was established in 2005. The rollout of the national broadband network, the introduction of digital multichannels, the widespread use of digital devices including smartphones, the growth of search engines like Google, and the use of social media platforms like Facebook, Snapchat and YouTube, are all combining to make communications services a more integral part of every Australian home and business.

The review

The Government describes the review as full "root and branch". In particular, the review will consider whether any of the objectives and functions of, or services provided by, the ACMA can cease, be provided by other agencies, or the by the communications industry itself.

Terms of reference

The review will examine and provide a report to the Minister for Communications on:

  • the current objectives of the ACMA as determined by the Government's forward priorities, other reviews and contemporary pressures of the broadening 'digital' character of the communications sector;
  • the efficiency of the ACMA in delivering its functions to support these priorities, any areas requiring improvement, and potential alternative arrangements (including costs/benefit analysis and implementation actions required) that could improve efficiency, where required;
  • the recent performance of the ACMA set broadly against the Government's Regulator Performance Framework and any areas for improvement; and
  • the current resource base of the ACMA and relative contributions from current sources, such as government funding, industry costs recovery and/or levy arrangements and funding from other sources.

The full terms of reference can be found here...

Reference Group

The Reference Group which has been appointed by the Minister for Communications is as follows:

  • Dianne Cornell, Special Counsel for the US Federal Communications Commission (FCC);
  • Richard Hooper CBE, the former Deputy Chairman of OFCOM, which is the United Kingdom's independent regulator and competition authority for the UK communications industries;
  • Dr Ross Patterson, a former Telecommunications Commissioner and member of the Commerce Commission, which is New Zealand's competition enforcement and regulatory agency;
  • Johanna Plante, the Chair of ACCAN, which is Australia's peak communications consumer organisation. Johanna has been involved in telecommunications for over 35 years in a variety of board, CEO, management, facilitation and independent advisory roles;
  • Tony Shaw PSM, the former Chair of the Australian Communications Authority (ACA), which was a predecessor organisation for the ACMA;
  • Mark Pearson, the former Deputy Chief Executive Officer for Deregulation and Regulatory Coordination at the Australia Competition and Consumer Commission;
  • Bridget Fair, the Group Chief, Corporate and Regulatory Affairs at Seven West Media;
  • Dan Lloyd, Vodafone Australia's Chief Strategy Officer and Corporate Affairs Director since February 2014; and
  • Fiona Cameron, the Chief Operating Officer of Screen Australia, which is Australia's key funding body for the Australian screen production industry.

The Reference Group will provide insights and advice to the Department of Communications on issues which it must have regard, assist with testing of options and provide external validation of the ACMA's regulatory performance.

Timeframe of the review

The review will provide advice and recommendations to the Minister for Communications by the end of 2015.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.