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Thursday, 24 March 2011
Page: 3334


Mr ALBANESE (Minister for Infrastructure and Transport) (5:08 PM) —Madam Deputy Speaker—


Mr Katter —Madam Deputy Speaker—


Mr ALBANESE —Normally, it crosses from side to side—


The DEPUTY SPEAKER (Ms AE Burke)—Sorry, I am going backwards and forwards in this debate—


Mr ALBANESE —but, for you, Member for Kennedy, I will certainly defer!


The DEPUTY SPEAKER —No, the minister has the call. The member for Kennedy and anybody else on the other side will get the call. This is not ending the debate. The minister has the call.


Mr ALBANESE —The government are committed to the NBN providing national uniform wholesale pricing. This is set out in the government’s statement of expectations. Indeed, we have a range of mechanisms in order to require national uniform pricing for all services. Uniform pricing is embedded in NBN Co.’s network design and operation. NBN Co. will be able to use revenue from lower cost, higher value markets, like metropolitan areas, to deliver equitable pricing outcomes for users in regional, rural and remote communities. To ensure these arrangements can be implemented to achieve that outcome, a number of authorisations have been included in the bill in relation to points of interconnection, the bundling of services and pricing practices reasonably necessary to deliver national uniform pricing. That uniform prices are being delivered will be obvious to all, as all NBN Co.’s pricing must be public. The government consider uniform pricing to be so integral to NBN Co.’s mode of operation that further legislative requirements are not necessary.

The uniformity requirement proposed by Senator Joyce and replicated by the member for Cowper in the amendment he has moved here is not only unnecessary; it is actually unworkable because of the way the opposition have put together these amendments. There are numerous drafting issues with the opposition’s amendments. Their consequences are far from certain and may well undermine the very objective that the opposition claim they are there to reinforce. Proposed section 151DA(5) provides a definition of when the outcome of uniform pricing is achieved. The new subsection (6), as proposed by the opposition, purports to add to this a reference to a ‘mechanism of that pricing’. It is not clear how this new subsection (6) would or is intended to affect the definition of uniform national pricing as set out in subsection (5).


Mr Fletcher —Madam Deputy Speaker Burke, on a point of order: in the amendment as circulated, I cannot see a reference to a new subsection (6). I wonder if the minister could clarify that.


The DEPUTY SPEAKER —The minister has the call.


Mr ALBANESE —Nor is it clear in what way their new section is intended to require the ACCC to use the mechanism that is established. Furthermore, it is unclear what is meant by the cost of the average of the upload and download speeds of an eligible service. The proposed drafting demonstrates a fundamental lack of understanding of what the provisions are intended to deliver: certainty for NBN Co. to deliver the government’s clearly stated policy of uniform national wholesale pricing. In the absence of effective provisions in the bill, NBN Co. runs the risk of being in breach of provisions of the Competition and Consumer Act because it will require cross-subsidisation of its services—a very important point that those opposite should think about. The member for Bradfield should understand those consequences for this bill.

The government, contrary to those opposite, is delivering this not just in word but in deed, which is why the government will not support this amendment. But, once this debate is concluded, I will move:

That the House notes that:

(1)   a Community Impact Statement will be prepared on all future policy decisions on technology, speed and/or price to assess impacts and opportunities on those unable to be serviced by fibre to the premises, and with regard to future technologies the principle of uniform wholesale national pricing will be applied where possible;

(2)   the Government is committed to uniform wholesale national pricing within technologies; a universal price for all customers receiving optic fibre; a universal price for all customers receiving fixed wireless, and a universal price for all customers receiving satellite; and

(3)   the NBN has achieved uniform national entry level pricing across technologies, and where new technologies become available will seek to maintain this principle at other product levels.

That makes the position clear. It is consistent with what the government have done. It is consistent with what the regional Independents want to achieve as a real outcome. It is not just about rhetoric that is aimed at holding back and slowing down the NBN process. (Time expired)