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Thursday, 24 March 2011
Page: 3250

Senate’s amendments—

(1)    Clause 2, page 2 (table item 2), omit the table item, substitute:

2. Sections 3 to 98

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of item 2 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010.

2A. Section 98A

22 March 2011.

22 March 2011

2B. Sections 99 to 101

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of item 2 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010.

(2)    Clause 10, page 15 (after line 17), after subclause (1), insert:

      (1A)    Paragraph (1)(a) does not apply to a carriage service supplied to Airservices Australia unless the carriage service is supplied on the basis that Airservices Australia must not re-supply the carriage service.

(3)    Clause 10, page 15 (after line 28), after subclause (2), insert:

      (2A)    Paragraph (2)(a) does not apply to a carriage service supplied to a State or Territory transport authority unless the carriage service is supplied on the basis that the State or Territory transport authority must not re-supply the carriage service.

(4)    Clause 10, page 16 (after line 5), at the end of the clause, add:

         (4)    Paragraph (3)(a) does not apply to a carriage service supplied to a rail corporation unless the carriage service is supplied on the basis that the rail corporation must not re-supply the carriage service.

(5)    Clause 11, page 16 (line 7), before “Section”, insert “(1)”.

(6)    Clause 11, page 16 (after line 15), at the end of the clause, add:

         (2)    Paragraph (1)(a) does not apply to a carriage service supplied to an electricity supply body unless the carriage service is supplied on the basis that the electricity supply body must not re-supply the carriage service.

(7)    Clause 12, page 16 (line 17), before “Section”, insert “(1)”.

(8)    Clause 12, page 16 (after line 26), at the end of the clause, add:

         (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a gas supply body unless the carriage service is supplied on the basis that the gas supply body must not re-supply the carriage service.

(9)    Clause 13, page 16 (line 28), before “Section”, insert “(1)”.

(10)  Clause 13, page 17 (after line 4), at the end of the clause, add:

         (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a water supply body unless the carriage service is supplied on the basis that the water supply body must not re-supply the carriage service.

(11)  Clause 14, page 17 (line 6), before “Section”, insert “(1)”.

(12)  Clause 14, page 17 (after line 13), at the end of the clause, add:

         (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a sewerage services body unless the carriage service is supplied on the basis that the sewerage services body must not re-supply the carriage service.

(13)  Clause 15, page 17 (line 15), before “Section”, insert “(1)”.

(14)  Clause 15, page 17 (after line 24), at the end of the clause, add:

         (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a storm water drainage services body unless the carriage service is supplied on the basis that the storm water drainage services body must not re-supply the carriage service.

(15)  Clause 16, page 17 (line 26), before “Section”, insert “(1)”.

(16)  Clause 16, page 17 (after line 32), at the end of the clause, add:

         (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a State or Territory road authority unless the carriage service is supplied on the basis that the State or Territory road authority must not re-supply the carriage service.

(17)  Clause 24, page 21 (line 18), after “Communications Minister”, insert “and the Finance Minister”.

(18)  Clause 24, page 22 (lines 9 and 10), omit subclause (4).

(19)  Clause 48, page 39 (line 31), omit “30 June 2018”, substitute “31 December 2020”.

(20)  Page 79 (after line 22), after clause 98, insert:

98A Exemption from stamp duty—matters related to the creation, development or operation of the national broadband network

         (1)    In this section:

category A designated matter means any of the following matters:

              (a)    an action taken by Telstra to cease to supply fixed-line carriage services to customers using a telecommunications network over which Telstra is in a position to exercise control, where:

                    (i)    under section 577BA of the Telecommunications Act 1997, the action is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

                   (ii)    the cessation relates to the creation, development or operation of the national broadband network;

              (b)    an action taken by Telstra to commence to supply fixed-line carriage services to customers using the national broadband network, where, under section 577BA of the Telecommunications Act 1997, the action is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010;

              (c)    the receipt of money by a person in respect of a matter covered by paragraph (a) or (b);

              (d)    an agreement that:

                    (i)    is between Telstra and an NBN corporation; and

                   (ii)    relates to a matter covered by paragraph (a) or (b);

                       where, at the time when the agreement is entered into, an undertaking is in force under section 577A of the Telecommunications Act 1997;

              (e)    an agreement that:

                    (i)    is between Telstra and an NBN corporation; and

                   (ii)    relates to a matter covered by paragraph (a) or (b);

                       where the operative provisions of the agreement are subject to a condition precedent, namely, the coming into force of an undertaking under section 577A of the Telecommunications Act 1997.

category B designated matter means any of the following matters:

              (a)    the transfer, from Telstra to an NBN corporation, of:

                    (i)    a conduit, wire or cable; or

                   (ii)    any equipment, apparatus or other thing used, or for use, in or in connection with a conduit, wire or cable;

                       where:

                  (iii)    under section 577BA of the Telecommunications Act 1997, the transfer is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

                  (iv)    the transfer relates to the creation, development or operation of the national broadband network;

              (b)    the giving to an NBN corporation, by Telstra, of access to a facility owned or operated by Telstra, where:

                    (i)    under section 577BA of the Telecommunications Act 1997, the giving of the access is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

                   (ii)    the access relates to the creation, development or operation of the national broadband network;

              (c)    the giving to an NBN corporation, by Telstra, of access to a site:

                    (i)    owned, occupied or controlled by Telstra; and

                   (ii)    on which there is, or is proposed to be, situated a facility;

                       where:

                  (iii)    under section 577BA of the Telecommunications Act 1997, the giving of the access is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

                  (iv)    the access relates to the creation, development or operation of the national broadband network;

              (d)    the supply to an NBN corporation, by Telstra, of an eligible service, where:

                    (i)    under section 577BA of the Telecommunications Act 1997, the supply of the service is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

                   (ii)    the supply of the service relates to the creation, development or operation of the national broadband network;

              (e)    the receipt of money by a person in respect of a matter covered by paragraph (a), (b), (c) or (d);

               (f)    an agreement that:

                    (i)    is between Telstra and an NBN corporation; and

                   (ii)    relates to a matter covered by paragraph (a), (b), (c) or (d);

                       where, at the time when the agreement is entered into, an undertaking is in force under section 577A of the Telecommunications Act 1997;

              (g)    an agreement that:

                    (i)    is between Telstra and an NBN corporation; and

                   (ii)    relates to a matter covered by paragraph (a), (b), (c) or (d);

                       where the operative provisions of the agreement are subject to a condition precedent, namely, the coming into force of an undertaking under section 577A of the Telecommunications Act 1997.

facility has the same meaning as in the Telecommunications Act 1997.

fixed-line carriage service has the same meaning as in section 577BC of the Telecommunications Act 1997.

Telstra has the same meaning as in the Telstra Corporation Act 1991.

Category A designated matters

         (2)    Stamp duty or other tax is not payable under a law of a State or Territory in respect of:

              (a)    a category A designated matter; or

              (b)    anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a category A designated matter.

         (3)    Subsection (2) ceases to have effect 24 months after the day on which the Communications Minister makes a declaration under section 48 that, in the Communications Minister’s opinion, the national broadband network should be treated as built and fully operational.

Category B designated matters

         (4)    Stamp duty or other tax is not payable under a law of a State or Territory in respect of:

              (a)    a category B designated matter; or

              (b)    anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a category B designated matter.

         (5)    Subsection (4) ceases to have effect when the Communications Minister makes a declaration under section 48 that, in the Communications Minister’s opinion, the national broadband network should be treated as built and fully operational.

Position to exercise control of a telecommunications network

         (6)    For the purposes of this section, the question of whether Telstra is in a position to exercise control of a telecommunications network is to be determined under Division 7 of Part 33 of the Telecommunications Act 1997.

Transitional—definitions etc.

         (7)    For the purposes of this section, assume that:

              (a)    sections 5 to 7; and

              (b)    section 93; and

              (c)    Schedule 1;

had been in force throughout the period:

              (d)    beginning at the commencement of this section; and

              (e)    ending at the commencement of section 5.

(21)  Page 81 (after line 2), after clause 100, insert:

100A Review of operation of the Freedom of Information Act 1982 so far as that Act relates to documents of NBN Co

         (1)    Before the first anniversary of the commencement of this section, the FOI Minister must cause to be conducted a review of the operation of the Freedom of Information Act 1982 so far as that Act relates to documents of NBN Co.

         (2)    The FOI Minister must cause to be prepared a report of a review under subsection (1).

         (3)    The FOI Minister must cause copies of the report to be tabled in each House of the Parliament.

         (4)    For the purposes of this section, the question of whether a document is a document of NBN Co is to be determined in the same manner as that question is determined under the Freedom of Information Act 1982.

         (5)    In this section:

document has the same meaning as in the Freedom of Information Act 1982.

FOI Minister means the Minister administering the Freedom of Information Act 1982.

Ordered that the amendments be considered together.