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10. Interaction with other laws and jurisdictions
10.1 Governing principles
10.2 Australian laws and rules
10.3 International reach of Australian rules
10.4 Application of international and foreign rules, including treaties
Notes on what this heading covers. To most people, the relations between Australian national communications policy and other jurisdictions are scarcely noticeable. But the many interactions do affect how services are ultimately delivered. Examples include: local government planning laws affecting towers, cables and antennae; international treaties affecting support for local Australian audiovisual content; the ITU and other international agencies affecting spectrum and satellite plans; and the impact of privacy, surveillance and interception laws on mobile telephony.
10.1 Governing principles
10.2 Australian laws and rules
10.2.1 State and local government
• Introduce mutual recognition across State boundaries for online communications
Source: Patrick Fair
When interviewed in May 2008 Patrick Fair noted that in the 2008 BetFair decision the High Court acknowledged that a great deal of trade takes place between the states online, and that the freedom to provide services online is an important element of interstate trade. This freedom is protected by s 92 of the Australian Constitution.
For many years the states have had a scheme of mutual recognition legislation whereby trades and professions registered in one State are recognised (and allowed to trade) in the others. Considering the range of issues and contention surrounding this issue demonstrated in the deliberations of the High Court in the Betfair decision, there is a case for broadening the scope of Mutual Recognition legislation. It could be changed to protect the advertising, promotion and sale in each State of services originating in any other State.
This change would remove the current legal complexity surrounding mobile and online services. These include licensed TABs and lotteries originating in one State only. There may be other examples of State-based restrictions, but State-based gambling is currently the area of most difficulty.
10.2.2 Scope of non-communications rules
10.2.3 Scope of non-communications regulators
10.3 International reach of Australian rules
10.4 Application of international and foreign rules, including treaties
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