Senator ALSTON (Minister for Communications and the Arts)(7.16 p.m.) —by leave—I move:

(214)   Schedule 1, page 449 (line 6), after "their", insert "designated overhead lines, telecommunications transmission towers and".

(215)   Schedule 1, page 449 (before line 15), before subclause (1), insert:

   (1A)   If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of those lines.

   (1B)   If a carrier owns or operates telecommunications transmission towers, the carrier must keep and maintain records of the kind and location of those towers.

(216)   Schedule 1, page 449 (line 20), omit "subclause (1),", substitute "subclause (1A), (1B) or (1),".

(217)   Schedule 1, page 450 (before line 1), before the definition of eligible underground facility , insert:

designated overhead line has the same meaning as in Schedule 3.

(218)   Schedule 1, page 450 (after line 3), after the definition of eligible underground facility , insert:

telecommunications transmission tower means:

      (a)   a tower; or

      (b)   a pole; or

      (c)   a mast; or

      (d)   a similar structure;

used to supply a carriage service by means of radiocommunications.

(247)   Schedule 3, page 498 (lines 12 and 13), omit subclause (1), substitute:

   (1)   The ACA may inform members of the public about the kinds and location of:

      (a)   designated overhead lines; and

      (b)   telecommunications transmission towers; and

      (c)   underground facilities.

Note:   The heading to clause 46 of Schedule 3 (page 498, line 11) is altered by inserting "designated overhead lines, telecommunications transmission towers and " after "about ".

(248)   Schedule 3, page 498 (line 26), after "means of the", insert "lines, towers or".

(249)   Schedule 3, page 499 (after line 2), at the end of clause 46, add:

   (5)   In this clause:

telecommunications transmission tower means:

      (a)   a tower; or

      (b)   a pole; or

      (c)   a mast; or

      (d)   a similar structure;

used to supply a carriage service by means of radiocommunications.

Amendments 214 to 218 amend the access provisions and require carriers to keep records about towers and overhead cables as well as underground facilities. The amendments implement committee majority recommendation 4.5. They require the carriers to keep records for overhead lines and telecommunications transmission towers as well as for underground facilities, as originally provided for in the bill. The committee report recommended that there be an amendment to require carriers to keep such records and to provide that the ACA has discretion to inform members of the public about the kind and location of telecommunications transmission towers and designated overhead lines, respectively.

The government has accepted the committee's recommendation, as it considers it reasonable that carriers must keep records. Related amendments 247 to 249 will provide the ACA with the discretion to inform members of the public about the kinds and locations of designated overhead lines, telecommunications transmission towers and underground facilities.