Mr COX (9:37 PM) —The Communications Legislation Amendment Bill (No. 1) 2002 makes a series of minor amendments to the Australian Communications Authority Act 1997, the Freedom of Information Act 1982, the Radiocommunications Act 1992, the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Schedule 1 to the bill makes an amendment to the Australian Communications Authority Act 1997 to enhance the operation of section 54 of that act. Section 54 empowers the Australian Communications Authority to make a written determination defining expressions used in its legal instruments. Due to the effect of sections 46A and 49A of the Acts Interpretation Act 1901, the ACA cannot apply, adopt or incorporate certain documents including legal instruments within a determination made under section 54 of the ACA Act 1997.

The proposed amendment contained in schedule 1 to the bill will allow the ACA to incorporate other documents by reference when making a written determination under section 54 and, in doing so, will make section 54 consistent with the existing determination powers under the Telecommunications Act 1997 and the Radiocommunications Act 1992.

Schedule 2 to the bill also makes a number of amendments to the Freedom of Information Act 1982 to exempt from the application of that act certain documents related to the administration of schedule 5 to the Broadcasting Services Act 1992. Schedule 5 to the Broadcasting Services Act, which has operated since 1 January 2000, provides the regulatory framework for the control of illegal or offensive online material. This framework enables the Australian Broadcasting Authority (ABA) to investigate complaints from the public about online content, including material that is, or would be, refused classification or classified X by the classification board.

Since the release of material acquired during the course of an ABA investigation would undermine the policy and objects of the framework, it has become necessary to ensure that such material in the possession of the ABA is adequately protected. Once material is released under the FOI Act, the subsequent use or dissemination of that material cannot be controlled. The amendment contained in schedule 2 to the bill will ensure that material containing prohibited, or potentially prohibited, online content or the means of accessing such content is specifically exempt from disclosure under the FOI Act.

Schedule 3 to the bill makes a number of amendments to the Radiocommunications Act 1992 in relation to law enforcement bodies. Commonwealth, state and territory law enforcement and anticorruption bodies use licensed radiocommunications devices for covert surveillance to gather evidence in serious criminal and anticorruption investigations. Covert surveillance devices are usually operated under warrants issued by Commonwealth, state or territory courts and for evidentiary value must also be properly licensed under the Radiocommunications Act.

The proposed amendments contained in schedule 3 to the bill will enable the ACA, by disallowable instrument, to exempt the personnel of certain law enforcement and anticorruption bodies from the operation of some sections of the Radiocommunications Act dealing with unlicensed transmissions, equipment standards and interference emissions. These bodies do not fall within the traditional definition of a `police force'.