Download Fragment

Wednesday, 21 March 2012
Page: 3797

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

SCHEDULE A

(1) Clause 4, page 9 (after line 2), after the definition of vacancy, insert:

voice customer migration policy objective means the policy objective set out in paragraph 11(e), in so far as that objective relates to either or both of the following:

(a) customer information programs;

(b) customer cabling installation programs.

(2) Page 25 (after line 26), after Division 4, insert:

Division 4A— Facilitation of the voice customer migration policy objective

Subdivision A — Access to information or documents held by a carriage service provider

29A Access to information or documents held by a carriage service provider

Scope

(1) This section applies to a carriage service provider if TUSMA believes on reasonable grounds that the carriage service provider has information or a document that is relevant to the achievement of the voice customer migration policy objective.

Requirement

(2) TUSMA may, by written notice given to the carriage service provider, require the carriage service provider:

(a) to give to TUSMA, within the period and in the manner and form specified in the notice, any such information; or

(b) to produce to TUSMA, within the period and in the manner specified in the notice, any such documents; or

(c) to make copies of any such documents and to produce to TUSMA, within the period and in the manner specified in the notice, those copies.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

Compliance

(4) A carriage service provider must comply with a requirement under subsection (2) to the extent that the carriage service provider is capable of doing so.

(5) A carriage service provider commits an offence if:

(a) TUSMA has given a notice to the carriage service provider under subsection (2); and

(b) the carriage service provider engages in conduct; and

(c) the carriage service provider's conduct contravenes a requirement in the notice.

Penalty for contravention of this subsection: 50 penalty units.

29B Copying documents—compensation

   A carriage service provider is entitled to be paid by TUSMA reasonable compensation for complying with a requirement covered by paragraph 29A(2)(c).

29C Copies of documents

(1) TUSMA may:

(a) inspect a document or copy produced under subsection 29A(2); and

(b) make and retain copies of, or take and retain extracts from, such a document.

(2) TUSMA may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 29A(2)(c).

29D TUSMA may retain documents

(1) TUSMA may take, and retain for as long as is necessary, possession of a document produced under subsection 29A(2).

(2) The carriage service provider otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by TUSMA to be a true copy.

(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.

(4) Until a certified copy is supplied, TUSMA must, at such times and places as TUSMA thinks appropriate, permit the carriage service provider otherwise entitled to possession of the document, or a person authorised by that carriage service provider, to inspect and make copies of, or take extracts from, the document.

29E Law relating to legal professional privilege not affected

   This Subdivision does not affect the law relating to legal professional privilege.

Subdivision B — Disclosure of information

29F Disclosure of information

Scope

(1) This section applies to information that:

   (a) was obtained by TUSMA under section 29A; or

   (b) is contained in a document, or a copy of a document, that was produced to TUSMA under section 29A.

Disclosure

(2) TUSMA may disclose the information to a carriage service provider if the disclosure is for a purpose relating to the achievement of the voice customer migration policy objective.

Subdivision C — Consent to customer contact

29G Consent to customer contact

Scope

(1) This section applies to a carriage service provider if:

(a) TUSMA believes on reasonable grounds that, if the carriage service provider were to consent to another person (the third person) contacting:

   (i) the carriage service provider's customers; or

   (ii) customers included in a particular class of the carriage service provider's customers;

   for a purpose relating to the achievement of the voice customer migration policy objective, that consent would be likely to facilitate the achievement of the voice customer migration policy objective; and

   (b) the carriage service provider is not a contractor in relation to a section 13 contract entered into for a purpose relating to the achievement of the voice customer migration policy objective; and

   (c) the carriage service provider is not a grant recipient in relation to a section 13 grant made for a purpose relating to the achievement of the voice customer migration policy objective.

Requirement

(2) TUSMA may, by written notice given to the carriage service provider, require the carriage service provider:

(a) to consent to the third person contacting:

   (i) if subparagraph (1)(a)(i) applies—the carriage service provider's customers; or

   (ii) if subparagraph (1)(a)(ii) applies—customers included in a specified class of the carriage service provider's customers;

   for a purpose relating to the achievement of the voice customer migration policy objective; and

(b) to do so within the period and in the manner specified in the notice.

(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.

Compliance

(4) A carriage service provider must comply with a requirement under subsection (2).

(5) A carriage service provider commits an offence if:

(a) TUSMA has given a notice to the carriage service provider under subsection (2); and

(b) the carriage service provider engages in conduct; and

(c) the carriage service provider's conduct contravenes a requirement in the notice.

Penalty for contravention of this subsection: 50 penalty units.

SCHEDULE B

(1) Clause 4, page 8 (after line 22), after the definition of telecommunications industry, insert:

Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

(2) Clause 38, page 30 (line 2), omit paragraph (2)(d), substitute:

(d) consumer affairs;

(3) Heading to clause 122, page 73 (line 3), omit "the ACMA and the ACCC", substitute "certain bodies or persons".

(4) Clause 122, page 73 (line 5), omit "authorities", substitute "bodies or persons".

(5) Clause 122, page 73 (lines 6 and 7), omit "authority to perform or exercise any of its functions or powers", substitute "body or person to perform or exercise any of the functions or powers of the body or person".

(6) Clause 122, page 73 (line 9), at the end of subclause (1), add:

(c) the Telecommunications Industry Ombudsman;

(d) the Regional Telecommunications Independent Review Committee;

(e) the Secretary of the Department.