59-754: The Australian Communications and Media Authority ( ACMA ) is an Australian government statutory authority within the Communications portfolio . ACMA was formed on 1 July 2005 with the merger of the Australian Broadcasting Authority and the Australian Communications Authority. ACMA is responsible for collecting broadcasting, radiocommunication and telecommunication taxes, and regulating Australian media. It does this through various legislation, regulations, standards and codes of practice. ACMA
118-496: A cabinet reshuffle . Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. The cabinet is not a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of the Federal Executive Council , which is Australia's highest formal governmental body. In practice,
177-645: A complaints mechanism for Australian residents and law enforcement agencies to report prohibited online content, including child sexual abuse material . Within the scheme, which operates under Schedules 5 and 7 of the Broadcasting Services Act 1992 , content is assessed with reference to the same criteria within the National Classification Scheme that applies to films and computer games in Australia. The ACMA Hotline
236-454: A focus on agency innovation: Major program delivery – through resource and program management with fully effective corporate governance: Effective regulation – doing the 'day job' of the regulatory agency with effective and efficient regulatory administration and operations coupled with extensive stakeholder engagement: Representing Australia's interests internationally (see International Telecommunication Union ) The ACMA administers
295-516: A new agreement for sharing of information about serious child abuse material, including an arrangement whereby the ACMA can report content through INHOPE based on where content may be produced, as well as where it is hosted During National Child Protection Week 2013, the ACMA Hotline conducted 418 investigations involving over 4,700 images of abused children to Australian police agencies or through
354-492: A site operator to know they got onto the list or to request to be removed from it. Australia's Communications Minister, Stephen Conroy later blamed the addition of the dentist's website to the blacklist on the "Russian mob". Associate professor Bjorn Landfeldt of the University of Sydney said that the leaked list "constitutes a condensed encyclopedia of depravity and potentially very dangerous material". Stephen Conroy said
413-408: A webform on the ACMA's website. Popularly held misconceptions about the ACMA's regulatory role include that it investigates and takes action on whole websites (it investigates specific URLs, images or files) and that the ACMA causes blocking of content at an ISP level (it notifies overseas hosted content to optional end-user filters). In February 2013, the ACMA and Australian Federal Police announced
472-555: A wide range of responsibilities, it does so against a backdrop of rapid change. Many of the controls on the production and distribution of content and the provision of telecommunications services through licensing or other subsidiary arrangements, or by standards and codes (whether co-regulatory or self-regulatory) are subject to revision and adaptation to the networked society and information economy. Moreover, there are new platforms, applications, business models, value chains and forms of social interaction available with more to come in what
531-939: Is a converged regulator, created to oversee the convergence of telecommunications, broadcasting, radio communications and the internet. ACMA is an independent government agency managed by an executive team comprising the Chair (who is also the Agency Head), Deputy Chair (who is also the chief executive officer). ACMA collects revenue on behalf of the Australian Government through broadcasting, radiocommunications and telecommunications taxes, charges and license fees. It also collects revenue from price-based allocation of spectrum. The corporate structure comprises four divisions – Communications Infrastructure, Content, Consumer and Citizen, Corporate and Research, and Legal Services. ACMA has responsibilities under four principal Acts –
590-419: Is a dynamic, innovative environment. Other challenges for regulators include cross-jurisdictional issues and the need for engagement and collaboration with stakeholders locally, regionally and internationally. ACMA has developed a 'converged communications regulator' framework which seeks to bring to the global discussion a 'common ground' to deliver outcomes in the public interest. The four cornerstone parts to
649-515: Is executive or legislative is determined on a case-by-case basis, and involves the weighing up of various factors, rather than the application of a strict test. As most executive power is granted by statute, the executive power of the government is similarly limited to those areas in which the Commonwealth is granted the power to legislate under the constitution (primarily under section 51 ). They also retain certain powers traditionally part of
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#1732779937566708-753: Is one of a global network of international bodies within INHOPE – the International Association of Internet Hotlines that exchange information on child abuse images, pinpointing the hosting countries to help eradicate them from the web. INHOPE consists of 44 members in 38 countries, with members including the Internet Watch Foundation (UK), the National Centre for Missing and Exploited Children (USA), Cyberia (Canada), Friendly Runlet Foundation (Russian Federation) and
767-511: Is sent with consent, contains sender identification and contact information and includes a functional unsubscribe facility. Some exemptions apply. Members of the public are able to make complaints and reports about commercial electronic messages to ACMA which may conduct formal investigations and take enforcement actions. The ACMA developed the Australian Internet Security Initiative (AISI) to help address
826-458: Is the head of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the governor-general (the representative of the monarch of Australia ). The governor-general normally appoints the parliamentary leader who commands the confidence of a majority of the members of the House of Representatives. Also by convention,
885-412: Is the body that formally advises the governor-general in the exercise of executive power. Decisions of the body give legal effect to decisions already deliberated at cabinet. All current and formers ministers are members of the council, although only current ministers are summoned to meetings. The governor-general usually presides at council meetings, but in his or her absence another minister nominated as
944-470: Is the merging of the previously distinct services by which information is communicated – telephone, television (free-to-air and subscription) radio and newspapers – over digital platforms. ACMA also works with industry and citizens to solve new concerns and mitigate risks arising in the evolving networked society and information economy, recognizing that Australians are interacting with digital communications and content in changing ways. Not only does ACMA address
1003-407: Is to implement the laws passed by the parliament. However, laws are frequently drafted according to the interests of the executive branch as the government often also controls the legislative branch. Unlike the other two branches of government, however, membership of the executive is not clearly defined. One definition describes the executive as a pyramid, consisting of three layers. At the top stands
1062-965: The Broadcasting Services Act 1992 , the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Radiocommunications Act 1992. There are another 22 Acts to which the agency responds in such areas as spam, the Do Not Call Register and interactive gambling. The ACMA also creates and administers more than 523 legislative instruments including radiocommunications, spam and telecommunications regulations; and license area plans for free-to-air broadcasters. ACMA's main offices are located in Canberra , Melbourne and Sydney . Communications convergence
1121-520: The High Court . The name of the government in the Constitution of Australia is the "Government of the Commonwealth". This was the name used in many early federal government publications. However, in 1965 Robert Menzies indicated his preference for the name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations . The Whitlam government legislated
1180-815: The front bench . This practice has been continued by all governments except the Whitlam government . The prime minister's power to select the ministry differs depending on their party. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party ) have been in coalition with the National Party or its predecessor the Country Party , the leader of the junior Coalition party has had
1239-572: The prime minister and other cabinet ministers that currently have the support of a majority of the members of the House of Representatives (the lower house) and also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other ministers of the Australian Labor Party (ALP), in office since the 2022 federal election . The prime minister
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#17327799375661298-468: The royal prerogative , such as the power to declare war and enter into treaties. Finally, there exists certain "nationhood powers", implied from section 61 of the Constitution . These were defined by High Court Justice Anthony Mason , as powers "peculiarly adapted to the government of a nation and which cannot otherwise be carried on for the benefit of the nation". They have been found to include
1357-559: The vice-president of the Executive Council presides at the meeting of the council. Since 1 June 2022, the vice-president has been senator Katy Gallagher . As of 17 August 2024 , there are 16 departments of the Australian Government. Additionally, there are four departments which support the Parliament of Australia : The following corporations are prescribed by Acts of Parliament: As of March 2024 ,
1416-578: The ACMA blacklist. He was backed up by ISP Tech 2U, one of six ISPs involved in filtering technology trials. Conroy's denial was called into doubt by the Internet Industry Association (IIA), who publicly condemned the publishing of the list, chief executive Peter Coroneos saying, "No reasonable person could countenance the publication of links which promote access to child abuse images, irrespective of their motivation, which in this case appears to be political." Conroy later claimed
1475-431: The ACMA to law enforcement in Australia, or, in the case of child sexual abuse material hosted overseas, through INHOPE for rapid police notification and take-down in the host country. The ACMA publishes comprehensive statistics and information about the ACMA Hotline on its website. The majority of investigations the ACMA conducts concern online child sexual abuse material. Complaints to the ACMA Hotline are usually made via
1534-665: The Act, gave the Commissioner responsibility for managing and enforcing the online content scheme (part 9). Government of Australia [REDACTED] [REDACTED] The Australian Government , also known as the Commonwealth Government or simply as the Federal government , is the national executive government of Australia, a federal parliamentary constitutional monarchy . The executive consists of
1593-677: The British context, it was defined by John Locke as all government power not legislative or judicial in nature. The key distinction is that while legislative power involves setting down rules of general application, executive power involves applying those rules to specific situations. In practice, however, this definition is difficult to apply as many actions by executive agencies are wide-ranging, binding and conducted independently of Parliament. The executive can also be delegated legislative power through provisions allowing for statutory instruments and Henry VIII clauses . Ultimately whether power
1652-577: The Commonwealth of Nations and the US federal government by those not familiar with Australia's system of government. This terminology remains preferred by the government. However, the terms Commonwealth Government and federal government are also common. In some contexts, the term "government" refers to all public agencies that exercise the power of the State , whether legislative, executive or judicial. The government's primary role, in its executive capacity,
1711-673: The Federal Executive Council meets solely to endorse and give legal force to decisions already made by the cabinet. All members of the cabinet are members of the Executive Council. A senior member of the cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of the Executive Council in the absence of the governor-general. The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd
1770-484: The INHOPE international network for action overseas. During the week, the ACMA announced it is now working more closely with CrimeStoppers in Australia to make it easier to report illegal online content. The ACMA's online role is not connected to ISP blocking 'worst of the worst' child abuse material, which was operated by ISPs and the Australian Federal Police . In July 2015, this function moved to
1829-489: The Internet Hotline Center Japan. If prohibited online content is found in Australia, it is issued with a take-down notice after being formally classified; if it is hosted overseas it is notified to optional end-user Family Friendly Filters that are accredited by industry through the Internet Industry Association (these are available at cost from ISPs). All potentially illegal content is reported by
Australian Communications and Media Authority - Misplaced Pages Continue
1888-609: The Office of the Children's safety Commissioner. ACMA operates Australia's Do Not Call Register, which is a scheme to reduce unsolicited telemarketing calls and marketing faxes to individuals who have indicated they do not want to receive such calls by registering their private and domestic telephone (including mobile) and fax numbers on the Register. The scheme has been in operation since May 2007. Since mid-2013, Salmat has managed
1947-459: The Register on behalf of ACMA. ACMA is responsible for enforcing the Spam Act 2003 which prohibits the sending of unsolicited commercial electronic messages with an Australian link. A message has an Australian link if it originates, or was authorised, in Australia, or if the message was accessed in Australia. Anyone who sends commercial email, SMS, or instant messages must ensure that the message
2006-614: The blacklist after the ACMA blocked several WikiLeaks pages following their publication of the Danish blacklist. Assange said that "This week saw Australia joining China and the United Arab Emirates as the only countries censoring WikiLeaks." Three lists purporting to be from the ACMA were published online over a seven-day period. The leaked list, which was reported to have been obtained from a manufacturer of internet filtering software, contained 2395 sites. Approximately half of
2065-674: The caucus regained this power in 2013. According to reporting by the Sydney Morning Herald , ministerial positions are allocated by the Left and Right factions proportionally according to their representation in the Parliament. The King is not involved with the day-to-day operations of the government, belonging (according to the Bagehot formulation) to the "dignified" rather than the "efficient" part of government. While
2124-598: The confidence of the lower house, are uncontroversial, others are subject to much greater debate. The most notable example of their use occurring in the Dismissal of 1975. In that case, the Governor-General Sir John Kerr dismissed the prime minister and government due to his conclusion that the government had failed to secure supply. The propriety of the use of the powers during that event remain highly contested. The Federal Executive Council
2183-464: The executive power of the Commonwealth is formally vested in the monarch, the Constitution requires those powers to be exercisable by a governor-general, appointed by the monarch as their representative (but since the appointing of Sir Isaac Isaacs in 1931, always appointed according to the advice of federal ministers, rather than British ministers). Members of the government do not exercise executive power of their own accord but are instead appointed by
2242-435: The framework, each divided into two sub-streams, are outlined below along with the main functions of ACMA under each task. Bridging to the future – active engagement with the currents of change and proactive development of responses through thought leadership and regulatory development: Transforming the agency – adapting the organization to the changing world of convergence by ensuring a structural fit with convergence and
2301-495: The governor-general as ministers, formally as the "Queen's [or King's] Ministers of State". As such, while government ministers make most major decisions in cabinet, if those decisions require the formal endorsement of the governor-general in council, those decisions do not have legal force until approved by the Federal Executive Council , which is presided over by the governor-general. Similarly, laws passed by both houses of parliament require royal assent before being enacted, as
2360-533: The grounds that Whirlpool, a customer of Bulletproof Networks, posted a link to a blacklisted, anti-abortion web site. There was a controversy that the material hosted by Whirlpool was the response notification from ACMA stating that the website had been blacklisted (the notice included the address of the website that had been blacklisted). On 19 March 2009 it was reported that the ACMA's blacklist of banned sites had been leaked online, and had been published by WikiLeaks . Julian Assange, founder of WikiLeaks, obtained
2419-419: The king, as the symbolic apex and formal repository of executive power. Below him lies a second layer made up of the prime minister, cabinet and other ministers who in practice lead the executive. Finally, the bottom layer includes public servants , police, government departments and independent statutory bodies who directly implement policy and laws. Executive power is also difficult to clearly define. In
Australian Communications and Media Authority - Misplaced Pages Continue
2478-612: The leaked blacklist published on WikiLeaks closely resembled the official blacklist, admitting that the latest list (dated 18 March) "seemed to be close" to ACMA's current blacklist. In an estimates hearing of the Australian Federal Government on 25 May 2009 it was revealed that the leak was taken so seriously that it was referred to the Australian Federal Police for investigation. It was further stated that distribution of further updates to
2537-475: The list have been withheld until recipients can improve their security. Nerida O'Laughlin of the ACMA confirmed that the list has been reviewed and as of 30 April consists of 997 URLs. In 2021, Schedules 5 and 7 of the Broadcasting Services Act 1992 were repealed as part of the enactment of the Online Safety Act 2021 . This Act established the eSafety Commissioner (section 26) and, under part 3 of
2596-447: The list published on WikiLeaks and the ACMA blacklist were the same, saying "This is not the ACMA blacklist." He stated that the leaked list was alleged to be current on 6 August 2008 and contained 2,400 URLs, where the ACMA blacklist for the same date contained 1,061 URLs. He added that the ACMA advised that there were URLs on the leaked list that had never been the subject of a complaint or ACMA investigation, and had never been included on
2655-452: The list was not the real blacklist and described its leak and publication as "grossly irresponsible" and that it undermined efforts to improve "cyber safety". He said that ACMA was investigating the incident and considering a range of possible actions including referral to the Australian Federal Police , and that Australians involved in making the content available would be at "serious risk of criminal prosecution". Conroy initially denied that
2714-485: The monarch is a constituent part of the Parliament. However, in all these cases, except for certain reserve powers, the King and the governor-general must follow the advice of the prime minister or other ministers in the exercise of his powers. Powers subject to the governor-general’s discretion are known as reserve powers. While certain reserve powers, such as the ability to choose the prime minister most likely to command
2773-555: The monarch). However, in accordance with responsible government , and to ensure accountability, actions of the government in its executive capacity are subject to scrutiny from parliament. The Australian Government is headquartered in the executive wing of Parliament House , located in the nation's capital, Canberra , in the Australian Capital Territory . The head offices of all the federal departments are located in Canberra, along with Parliament House and
2832-444: The outer ministry. Additionally, there are also assistant ministers (formally parliamentary secretaries ), responsible for a specific policy area, reporting directly to a cabinet minister. The cabinet consists of the prime minister and senior ministers and makes most of the important policy decisions of the government. Members of the cabinet are selected by the prime minister and may be added or removed at any time, usually through
2891-463: The power to provide financial stimulus payments to households during a financial crisis and the power to prevent "unlawful non-citizens" from entering the country . Ministers drawn from the Australian parliament form the core of the Australian Government. A subset of these ministers form the cabinet, the de facto highest executive body of the government. Ministers not part of cabinet belong to
2950-405: The prime minister is a member of the lower house. The prime minister and their sworn ministers form the cabinet , the key decision-making organ of the government that makes policy and decides the agenda of the government. Members of the government can exercise both legislative power (through their control of the parliament) and executive power (as ministers on behalf of the governor-general and
3009-410: The prime minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor prime ministers exercised a predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. However, in 2007 Prime Minister Kevin Rudd , assumed the power to choose the ministry alone. Later,
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#17327799375663068-436: The problem of computers being compromised by the surreptitious installation of malicious software (malware). 'Malware' enables a computer to be controlled remotely for illegal and harmful activities without the owner's knowledge. Malware can: The Telecommunications Sector Security Reform (TSSR) commenced on 18 September 2018. TSSR introduces four new measures: In 2000, a legislative framework for online content regulation
3127-601: The right to nominate their party's members of the Coalition ministry, and to be consulted by the prime minister on the allocation of their portfolios. When Labor first held office under Chris Watson , Watson assumed the right to choose members of his cabinet. In 1907, however, the party decided that future Labor cabinets would be elected by the members of the Parliamentary Labor Party, the Caucus , and
3186-471: The sites on the list were not related to child pornography, and included online gambling sites, YouTube pages, gay, straight, and fetish pornography sites, Misplaced Pages entries, euthanasia sites, websites of fringe religions, Christian sites, and even the websites of a tour operator and a Queensland dentist. Colin Jacobs, spokesman for lobby group Electronic Frontiers Australia , said that there was no mechanism for
3245-444: The use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations. However, academic Anne Twomey argues that the government was also motivated by a desire to blur the differences between the Commonwealth and the states in an attempt to increase federal power. The Parliament of Australia website also notes that the name "Australian Government" is preferable in order to avoid confusion with
3304-659: Was amended further in 2007 by the Communications Legislation Amendment (Content Services) Act (2007) as Schedule 5 only applied to stored content made available over the Internet but did not apply easily to "ephemeral" content such as streamed material. A new schedule (schedule 7) was introduced to regulate this content consistently with the national classifications system. On 10 March 2009, the ACMA issued an "interim link-deletion notice" to Bulletproof Networks, an Australian web-hosting company, on
3363-528: Was designed to be consistent with the national classifications system (the Code and Classification Guidelines established by the Classification (Publications, Films and Computer Games) Act 1995). Through this mechanism of establishing what content is prohibited or possibly prohibited, ACMA effectively creates a "blacklist" of content to which Internet service providers must deny users access. This framework
3422-721: Was established by adding a new schedule (schedule 5) to the Broadcasting Services Act 1992 . The Australian Broadcasting Authority was responsible for managing and enforcing the framework, and this responsibility passed to ACMA in 2005. The key element to the framework was the establishment of a complaints mechanism under Part 4 of the Schedule. Members of the public could complain to ACMA about offensive material online, ACMA could investigate, and then notify Internet service providers to prevent access to prohibited content. The framework also permitted ACMA to initiate an 'own-motion' investigation into potentially prohibited content. The framework
3481-551: Was in favour of the cabinet meeting in other places, such as major regional cities. There are Commonwealth Parliament Offices in each state capital, with those in Sydney located in 1 Bligh Street . Until 1956 all members of the ministry were members of the cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding cabinet rank, also known within parliament as
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