Part 5.1—Delegation

## Part 5.1—Delegation 6 Division 1 of Part 5.1 (heading) Repeal the heading. 7 Sections 232, 233, 234, 235, 236 and 237 Repeal the sections. 8 Subsection 238(1) Repeal the subsection, substitute: (1) The powers conferred on the ACA by this section are in addition to the powers conferred by section 49 of the Australian Communications Authority Act 1997. 9 Subsections 238(2) and (3) Omit “Spectrum Manager may”, substitute “ACA may, by writing,”. 10 Division 2 of Part 5.1 Repeal the Division. 11 General amendments The following provisions of the Radiocommunications Act 1992 are amended by omitting “SMA” (wherever occurring), and “SMA’s” (wherever occurring) and substituting “ACA” or “ACA’s” respectively: (a) Chapter 1 (other than the definition of SMA in section 5); (b) Chapter 2; (c) Chapter 3 (other than paragraph 101(1)(b)); (d) Chapter 4 (other than subsections 163(2) and 167(3) and sections 183 and 184); (e) Chapter 5 (other than sections 232, 233, 234, 235, 236 and 237, subsection 238(1) and Division 2 of Part 5.1); (f) Chapter 6; (g) the Schedule. Note: The headings to the sections of the Radiocommunications Act 1992 are altered by omitting “SMA” (wherever occurring) and “SMA’s” (wherever occurring) and substituting “ACA” or “ACA’s” respectively. Part 2—Consequential amendments 12 Paragraphs 7(2)(b) and (3)(b) Omit “Telecommunications Act 1991”, substitute “Telecommunications Act 1997”. 13 Paragraph 67(a) Omit “293”, substitute “53 of the Australian Communications Authority Act 1997”. 14 Subparagraph 107(1)(c)(i) Omit “293”, substitute “53 of the Australian Communications Authority Act 1997”. 15 Subparagraph 109(1)(b)(i) Omit “293”, substitute “53 of the Australian Communications Authority Act 1997”. 16 Paragraph 146(2)(b) Omit “293”, substitute “53 of the Australian Communications Authority Act 1997”. 17 Subparagraph 157(2)(d)(iii) Repeal the subparagraph, substitute: (iii) carriage services (within the meaning of the Telecommunications Act 1997); or 18 Subparagraph 158(2)(d)(iii) Repeal the subparagraph, substitute: (iii) carriage services (within the meaning of the Telecommunications Act 1997); or 19 Paragraph 263(1)(b) Omit “293”, substitute “53 of the Australian Communications Authority Act 1997”. 20 Section 293 Repeal the section. 21 Transitional—charge determinations (1) This item applies to a determination that: (a) was in force under section 293 of the Radiocommunications Act 1992 immediately before the commencement of this item; and (b) related to a matter in relation to which expenses are incurred by the SMA under that Act or under regulations under that Act. (2) The Australian Communications Authority Act 1997 has effect, after the commencement of this item, as if: (a) the determination had been made by the ACA under section 53 of that Act immediately after the commencement of this item; and (b) each reference in the determination to the SMA were a reference to the ACA. (3) This item does not prevent the variation or revocation of the determination. Part 3—Public inquiries 22 Subsection 258(2) Repeal the subsection, substitute: (2) The ACA must make copies of the discussion paper available at each of the ACA’s offices. The ACA may charge a reasonable price for supplying copies of the discussion paper in accordance with this subsection. (3) The ACA may otherwise publish the discussion paper, including in electronic form. The ACA may charge for supplying a publication under this subsection in accordance with a determination under section 53 of the Australian Communications Authority Act 1997. 23 At the end of section 259 Add: (2) For the purposes of subsection (1), the ACA is taken not to have provided a reasonable opportunity to make submissions unless there is a period of at least 28 days during which the submissions could be made. 24 Section 261 Repeal the section, substitute: