Senator Crowley —Madam Chair, I have previously declared that I own Telstra shares. I am advised that I should also declare them again now.

Government senators —Only once.

Opposition senators —That's the Clerk's advice.

The CHAIRMAN —Before we have a discussion, there are a number of amendments to be put. Standing Order No. 142(4) requires that, at the expiration of the time allotted for the consideration of a bill, the chair will put any amendments circulated by the government at least two hours before that time. All of the amendments were circulated by the government—that is, the government amendments, the opposition amendments, the Green amendments and the Democrat amendments.

Standing Order No. 84(3) empowers the chair to divide a question. This applies in committee by virtue of Standing Order No. 144(7) under which the chair can divide a question at the request of a senator if the senator indicates that this will facilitate the senator voting in accordance with the senator's choice—for example, if the senator wishes to vote against part of question and for another part.

There are a large number of amendments to be resolved. The questions, I understand, have been divided into a certain running order which has been agreed upon and circulated to the chamber. Is it the wish of the committee that the bill be divided and voted upon in that order? There being no objection, it is so ordered. We shall now proceed to division No. 2.

Senator Crane —Could we please have clarified whether or not we have to stand up at each division and declare our shares?

The CHAIRMAN —No, the first time you speak and the first time there is a division. Everybody has done what they needed to do. The next set of questions relates to government amendments 1 to 4 on sheet 551, government amendment 1 on sheet 332, a government amendment on sheet 331 which was circulated by Senator Boswell, the Harradine amendment on sheet 1123, the Democrat amendment on sheet 333 circulated by Senator Murray. The question now is that the following amendments be agreed to:

(Amendments to be moved on behalf of the Government)

(1) Clause 2, page 4 (after line 11), after subclause (7), insert:

1 January 1999

(7A) Subject to subsection (7B), Schedule 6 commences on 1 January 1999.

(7B) If the 28th day after the day on which this Act receives the Royal Assent is later than 1 January 1999, Schedule 6 commences on that 28th day.

(2) Schedule 1, page 7 (after line 20), after item 3, insert:

3A Subsection 564(3) (note 4)

After "obligations", insert ", and certain ancillary obligations,".

3B Subsection 571(3) (note 4)

After "obligations", insert ", and certain ancillary obligations,".

3C After clause 27 of Schedule 1

Insert:

27A Code relating to access to information

(1) The ACCC may, by written instrument, make a Code setting out conditions that are to be complied with in relation to the provision of information, or access to information, under clause 21, 22, 23, 24 or 25.

(2) A carrier must comply with the Code.

(3) This clause does not, by implication, limit a power conferred by or under this Act to make an instrument.

(4) This clause does not, by implication, limit the matters that may be dealt with by codes or standards referred to in Part 6.

(5) Subclauses (3) and (4) do not, by implication, limit subsection 33(3B) of the Acts Interpretation Act 1901 .

(6) An instrument under subclause (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

3D After clause 29 of Schedule 1

Insert:

29A Code relating to consultation

(1) The ACCC may, by written instrument, make a Code setting out conditions that are to be complied with in relation to consultations under clause 29.

(2) The Code may specify the manner and form in which a consultation is to occur.

(3) Subclause (2) does not, by implication, limit subclause (1).

(4) A carrier must comply with the Code.

(5) This clause does not, by implication, limit a power conferred by or under this Act to make an instrument.

(6) This clause does not, by implication, limit the matters that may be dealt with by codes or standards referred to in Part 6.

(7) Subclauses (5) and (6) do not, by implication, limit subsection 33(3B) of the Acts Interpretation Act 1901 .

(8) An instrument under subclause (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

(3) Schedule 1, page 8 (after line 3), at the end of the Schedule, add:

Trade Practices Act 1974

7 Section 151AA

After:

insert:

8 Section 151AB

Insert:

disclosure direction means a direction under subsection 151BUB(2) or 151BUC(2).

9 Section 151AB

Insert:

listed carriage service has the same meaning as in the Telecommunications Act 1997 .

10 Division 6 of Part XIB (heading)

Repeal the heading, substitute:

Division 6—Record-keeping rules and disclosure directions

11 Subsection 151BU(1)

After "retain records.", insert "Rules under this subsection may also require those carriers or carriage service providers to prepare reports consisting of information contained in those records. Rules under this subsection may also require those carriers or carriage service providers to give any or all of the reports to the Commission.".

12 After subsection 151BU(2)

Insert:

(2A) The rules may specify the manner and form in which reports are to be prepared.

(2B) The rules may provide for:

(a) the preparation of reports as and when required by the Commission; or

(b) the preparation of periodic reports relating to such regular intervals as are specified in the rules.

(2C) The rules may require or permit a report prepared in accordance with the rules to be given to the Commission, in accordance with specified software requirements and specified authentication requirements:

(a) on a specified kind of data processing device; or

(b) by way of a specified kind of electronic transmission.

(2D) Subsections (2), (2A), (2B) and (2C) do not limit subsection (1).

13 Paragraphs 151BU(4)(c), (d), (e) and (f)

Omit "the performance by the Commission of a function, or the exercise by the Commission of a power, conferred on the Commission by or under", substitute "the operation of".

14 Subsection 151BU(4) (note)

Repeal the note.

15 At the end of section 151BU

Add:

(6) This section does not limit section 155 (which is about the general information-gathering powers of the Commission).

16 After section 151BU

Insert:

151BUA Commission gives access to reports

(1) This section applies to a particular report given to the Commission by a carrier, or a carriage service provider, in accordance with the record-keeping rules.

Criteria for disclosure

(2) If the Commission is satisfied that the disclosure of the report, or the disclosure of particular extracts from the report, would be likely to:

(a) promote competition in markets for listed carriage services; or

(b) facilitate the operation of:

(i) this Part (other than this Division); or

(ii) Part XIC (which deals with access); or

(iii) Division 3 of Part 20 of the Telecommunications Act 1997 (which deals with Rules of Conduct relating to dealings with international telecommunications operators); or

(iv) Part 6 of the Telstra Corporation Act 1991 (which deals with regulation of Telstra's charges);

the Commission may give the carrier or carriage service provider concerned:

(c) a written notice stating that the Commission intends to make copies of the report or extracts, together with other relevant material (if any) specified in the notice, available for inspection and purchase by the public as soon as practicable after the end of the period specified in the notice; or

(d) a written notice stating that the Commission intends to make copies of the report or extracts, together with other relevant material (if any) specified in the notice, available for inspection and purchase:

(i) by such persons as are specified in the notice; and

(ii) on such terms and conditions (if any) as are specified in the notice;

as soon as practicable after the end of the period specified in the notice.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

Period specified in notice

(3) The period specified in a notice under subsection (2) must run for at least 28 days after the notice was given.

Criteria for giving notice

(4) In deciding whether to give a notice under subsection (2), the Commission must have regard to:

(a) the legitimate commercial interests of the carrier or carriage service provider concerned; and

(b) such other matters as the Commission considers relevant.

Consultation before giving notice

(5) The Commission must not give the carrier or carriage service provider concerned a notice under subsection (2) unless the Commission has first:

(a) given the carrier or carriage service provider a written notice:

(i) setting out a draft version of the notice under subsection (2); and

(ii) inviting the carrier or carriage service provider to make a submission to the Commission on the draft by a specified time limit; and

(b) considered any submission that was received within that time limit.

The time limit specified in a notice under paragraph (a) must be at least 28 days after the notice was given.

Public access

(6) If the Commission gives the carrier or carriage service provider concerned a notice under paragraph (2)(c), the Commission:

(a) must make copies of the report or extracts, together with the other material (if any) specified in the notice, available for inspection and purchase by the public as soon as practicable after the end of the period specified in the notice; and

(b) may also give a written direction to the carrier or carriage service provider concerned requiring it to take such action as is specified in the direction to inform the public, or such persons as are specified in the direction, that the report is, or the extracts are, so available.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

(7) A person must comply with a direction under paragraph (6)(b).

Limited access

(8) If the Commission gives the carrier or carriage service provider concerned a notice under paragraph (2)(d), the Commission must:

(a) make copies of the report or extracts, together with the other material (if any) specified in the notice, available for inspection and purchase by the persons specified in the notice as soon as practi cable after the end of the period specified in the notice; and

(b) take reasonable steps to inform the persons who inspect or purchase copies of the report or extracts of the terms and conditions (if any) that are specified in the notice.

(9) If, in accordance with subsection (8), a person inspects or purchases a copy of the report or extracts, the person must comply with the terms and conditions (if any) that are specified in the notice concerned.

Offences

(10) A person who intentionally or recklessly contravenes subsection (7) or (9) is guilty of an offence punishable on conviction by a fine not exceeding 20 penalty units.

151BUB Carrier or carriage service provider gives access to reports

(1) This section applies to a report prepared by a carrier, or a carriage service provider, in accordance with the record-keeping rules.

Disclosure direction

(2) If the Commission is satisfied that the disclosure of the report, or the disclosure of particular extracts from the report, would be likely to:

(a) promote competition in markets for listed carriage services; or

(b) facilitate the operation of:

(i) this Part (other than this Division); or

(ii) Part XIC (which deals with access); or

(iii) Division 3 of Part 20 of the Telecommunications Act 1997 (which deals with Rules of Conduct relating to dealings with international telecommunications operators); or

(iv) Part 6 of the Telstra Corporation Act 1991 (which deals with regulation of Telstra's charges);

the Commission may give the carrier or carriage service provider concerned:

(c) a written direction requiring it to make copies of the report or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase by the public as soon as practicable after the end of the period specified in the direction; or

(d) a written direction requiring it to make copies of the report or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase:

(i) by such persons as are specified in the direction; and

(ii) on such terms and conditions (if any) as are specified in the direction;

as soon as practicable after the end of the period specified in the direction.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

(3) The period specified in a direction under subsection (2) must run for at least 28 days after the direction was given.

(4) A direction under paragraph (2)(d) is also taken to require the carrier or carriage service provider concerned to take reasonable steps to inform the persons who inspect or purchase copies of the report or extracts of the terms and conditions (if any) that are specified in the direction.

Criteria for giving direction

(5) In deciding whether to give a direction under subsection (2), the Commission must have regard to:

(a) the legitimate commercial interests of the carrier or carriage service provider concerned; and

(b) such other matters as the Commission considers relevant.

Consultation before giving direction

(6) The Commission must not give the carrier or carriage service provider concerned a direction under subsection (2) unless the Commission has first:

(a) given the carrier or carriage service provider a written notice:

(i) setting out a draft version of the direction; and

(ii) inviting the carrier or carriage service provider to make a submission to the Commission on the draft by a specified time limit; and

(b) considered any submission that was received within that time limit.

The time limit specified in the notice must be at least 28 days after the notice was given.

Direction to give information about availability of report

(7) If the Commission gives the carrier or carriage service provider concerned a direction under paragraph (2)(c), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the public that the report is, or extracts are, available for inspection and purchase.

(8) If the Commission gives the carrier or carriage service provider concerned a direction under paragraph (2)(d), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the persons specified in the paragraph (2)(d) direction that the report is, or the extracts are, available for inspection and purchase.

(9) A person must comply with a direction under subsection (7) or (8).

Reasonable charge

(10) The price charged by the carrier or carriage service provider concerned for the purchase of a copy of the report or extracts and the other material (if any) must not exceed the reasonable costs incurred by the carrier or carriage service provider concerned in making the copy of the report or extracts and the other material (if any) available for purchase.

Compliance with terms and conditions

(11) If, in accordance with a direction under paragraph (2)(d), a person inspects or purchases a copy of the report or extracts, the person must comply with the terms and conditions (if any) that are specified in the direction.

Offence

(12) A person who intentionally or recklessly contravenes subsection (9) or (11) is guilty of an offence punishable on conviction by a fine not exceeding 20 penalty units.

Section 151BUC does not limit this section

(13) Section 151BUC does not limit this section.

151BUC Carrier or carriage service provider gives access to periodic reports

(1) This section applies to a particular series of periodic reports that are required to be prepared by a carrier, or a carriage service provider, in accordance with the record-keeping rules.

Disclosure direction

(2) If the Commission is satisfied that the disclosure of each of the reports in that series, or the disclosure of particular extracts from each of the reports in that series, would be likely to:

(a) promote competition in markets for listed carriage services; or

(b) facilitate the operation of:

(i) this Part (other than this Division); or

(ii) Part XIC (which deals with access); or

(iii) Division 3 of Part 20 of the Telecommunications Act 1997 (which deals with Rules of Conduct relating to dealings with international telecommunications operators); or

(iv) Part 6 of the Telstra Corporation Act 1991 (which deals with regulation of Telstra's charges);

the Commission may give the carrier or carriage service provider concerned:

(c) a written direction requiring it to make copies of each of those reports or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase by the public by such times as are ascertained in accordance with the direction; or

(d) a written direction requiring it to make copies of each of those reports or extracts, together with other relevant material (if any) specified in the direction, available for inspection and purchase:

(i) by such persons as are specified in the direction; and

(ii) on such terms and conditions (if any) as are specified in the direction;

by such times as are ascertained in accordance with the direction.

Note 1: For example, a direction under paragraph (2)(c) could require that each report in a particular series of quarterly reports be made available by the 28th day after the end of the quarter to which the report relates.

Note 2: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

(3) In the case of the first report in the series (or extracts from that report), the applicable time ascertained in accordance with a direction under subsection (2) must be later than the 28th day after the day on which the direction was given.

(4) A direction under paragraph (2)(d) is also taken to require the carrier or carriage service provider concerned to take reasonable steps to inform the persons who inspect or purchase copies of the report or extracts of the terms and conditions (if any) that are specified in the direction.

Criteria for giving direction

(5) In deciding whether to give a direction under subsection (2), the Commission must have regard to:

(a) the legitimate commercial interests of the carrier or carriage service provider concerned; and

(b) such other matters as the Commission considers relevant.

Consultation before giving direction

(6) The Commission must not give the carrier or carriage service provider concerned a direction under subsection (2) unless the Commission has first:

(a) given the carrier or carriage service provider a written notice:

(i) setting out a draft version of the direction; and

(ii) inviting the carrier or carriage service provider to make a submission to the Commission on the draft by a specified time limit; and

(b) considered any submission that was received within that time limit.

The time limit specified in the notice must be at least 28 days after the notice was given.

Direction to give information about availability of reports

(7) If the Commission gives the carrier or carriage service provider concerned a direction under paragraph (2)(c), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the public that each of those reports is, or extracts are, available for inspection and purchase.

(8) If the Commission gives the carrier or carriage service provider concerned a direction under paragraph (2)(d), the Commission may also give it a written direction requiring it to take such action as is specified in the direction to inform the persons specified in the paragraph (2)(d) direction that each of those reports is, or the extracts are, available for inspection and purchase.

(9) A person must comply with a direction under subsection (7) or (8).

Reasonable charge

(10) The price charged by the carrier or carriage service provider concerned for the purchase of a copy of the report or extracts and the other material (if any) must not exceed the reasonable costs incurred by the carrier or carriage service provider concerned in making the copy of the report or extracts and the other material (if any) available for purchase.

Compliance with terms and conditions

(11) If, in accordance with a direction under paragraph (2)(d), a person inspects or purchases a copy of the report or extracts, the person must comply with the terms and conditions (if any) that are specified in the direction.

Offence

(12) A person who intentionally or recklessly contravenes subsection (9) or (11) is guilty of an offence punishable on conviction by a fine not exceeding 20 penalty units.

151BUD Exemption of reports from access requirements

Full exemption

(1) The Commission may make a written determination exempting specified reports from the scope of sections 151BUA, 151BUB and 151BUC, either:

(a) unconditionally; or

(b) subject to such conditions (if any) as are specified in the determination.

The determination has effect accordingly.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

Partial exemption

(2) The Commission may make a written determination that specified information is exempt information for the purposes of this section, either:

(a) unconditionally; or

(b) subject to such conditions (if any) as are specified in the determination.

The determination has effect accordingly.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901 .

(3) If a report contains exempt information, sections 151BUA, 151BUB and 151BUC apply as if:

(a) the exempt information were not part of the report; and

(b) so much of the report as does not consist of the exempt information were a report in its own right.

Disallowable instrument

(4) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

151BUE Access via the Internet

If the Commission, a carrier or a carriage service provider is required under this Division to make copies of a report, extracts or other material available for inspection and purchase, the Commission, carrier or carriage service provider, as the case may be, may comply with that requirement by making the report, extracts or other material available for inspection and purchase on the Internet.

151BUF Self-incrimination

(1) An individual is not excused from giving a report under the record-keeping rules, or from making a report or extracts available under this Division, on the ground that the report or extracts might tend to incriminate the individual or expose the individual to a penalty.

(2) However:

(a) giving the report or making the report or extracts available; or

(b) any information, document or thing obtained as a direct or indirect consequence of giving the report or making the report or extracts available;

is not admissible in evidence against the individual in:

(c) criminal proceedings other than proceedings under, or arising out of, section 151BV; or

(d) proceedings under section 151BY for recovery of a pecuniary penalty in relation to a contravention of a disclosure direction.

17 Division 7 of Part XIB (heading)

Repeal the heading, substitute:

Division 7—Enforcement of the competition rule, tariff filing directions, record-keeping rules and disclosure directions

18 Section 151BW

Omit "or a record-keeping rule", substitute ", a record-keeping rule or a disclosure direction".

Note: The heading to section 151BW is altered by omitting "or a record-keeping rule " and substituting ", a record-keeping rule or a disclosure direction ".

19 Subsection 151BX(1)

Omit "or a record-keeping rule" (wherever occurring), substitute ", a record-keeping rule or a disclosure direction".

Note: The heading to section 151BX is altered by omitting "or a record-keeping rule " and substituting ", a record-keeping rule or a disclosure direction ".

20 Paragraph 151BX(3)(c)

After "rule", insert "or of a disclosure direction".

21 Paragraph 151BX(4)(a)

After "rule", insert "or of a disclosure direction".

22 At the end of paragraph 151BX(5)(b)

Add "or".

23 After paragraph 151BX(5)(b)

Insert:

(c) 2 or more disclosure directions;

24 Subsection 151BX(5)

Omit "or record-keeping rules", substitute ", record-keeping rules or disclosure directions".

25 Subsection 151BZ(1)

Omit "or a record-keeping rule" (wherever occurring), substitute ", a record-keeping rule or a disclosure direction".

Note: The heading to section 151BZ is altered by omitting "or record-keeping rules " and substituting ", record-keeping rules or disclosure directions ".

26 Subsection 151CA(1)

Omit "or a record-keeping rule" (wherever occurring), substitute ", a record-keeping rule or a disclosure direction".

27 Subsection 151CA(8)

Repeal the subsection.

28 After subsection 151CI(3)

Insert:

(3A) If the Commission:

(a) makes a decision under section 151BUA to make a report obtained from a person, or an extract from such a report, available for inspection and purchase; or

(b) makes a decision under section 151BUB or 151BUC to give a person a written direction to make a report or extract available for inspection and purchase;

the person may apply to the Tribunal for a review of the decision.

29 At the end of subsection 151CI(4)

Add:

; and (d) in the case of an application under subsection (3A)—made within 28 days after the Commission made the decision.

30 Section 152AC

Insert:

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

31 After section 152AY

Insert:

152AYA Ancillary obligations—confidential information

If:

(a) a carrier or carriage service provider is required to comply with a standard access obligation that arose because of a request made by an access seeker; and

(b) at or after the time when the request was made, the access seeker gives particular information to the carrier or carriage service provider to enable the carrier or carriage service provider to comply with the standard access obligation; and

(c) at or before the time when the information was given, the access seeker gave the carrier or carriage service provider a written notice to the effect that:

(i) that information; or

(ii) a class of information that includes that information;

is to be regarded as having been given on a confidential basis for the purpose of enabling the carrier or carriage service provider to comply with the standard access obligation;

the carrier or carriage service provider must not, without the written consent of the access seeker, use that information for a purpose other than enabling the carrier or carriage service provider to comply with:

(d) the standard access obligation; or

(e) any other standard access obligation that arose because of a request made by the access seeker.

32 Section 152AZ

Omit "comply with any standard access obligations that are applicable to the carrier.", substitute:

comply with:

(a) any standard access obligations that are applicable to the carrier; and

(b) any obligations under section 152AYA that are applicable to the carrier.

33 Subsection 152BA(2)

Omit "comply with any standard access obligations that are applicable to the provider.", substitute:

comply with:

(a) any standard access obligations that are applicable to the provider; and

(b) any obligations under section 152AYA that are applicable to the provider.

34 After subsection 152BB(1)

Insert:

(1A) If the Federal Court is satisfied that a carrier or carriage service provider has contravened an obligation imposed by section 152AYA, the Court may, on the application of:

(a) the Commission; or

(b) the access seeker who gave the information concerned;

make all or any of the following orders:

(c) an order directing the carrier or carriage service provider to comply with the obligation;

(d) an order directing the carrier or carriage service provider to compensate any other person who has suffered loss or damage as a result of the contravention;

(e) any other order that the Court thinks appropriate.

35 After section 152BB

Insert:

152BBA Commission may give directions in relation to negotiations

(1) This section applies if a carrier or carriage service provider is required to comply with any or all of the standard access obligations.

(2) If the following parties:

(a) the carrier or carriage service provider, as the case requires;

(b) the access seeker;

propose to negotiate, or are negotiating, with a view to agreeing on terms and conditions as mentioned in paragraph 152AY(2)(a), the Commission may, for the purposes of facilitating those negotiations, if requested in writing to do so by either party, give a party a written procedural direction requiring the party to do, or refrain from doing, a specified act or thing relating to the conduct of those negotiations.

(3) The following are examples of the kinds of procedural directions that may be given under subsection (2):

(a) a direction requiring a party to give relevant information to the other party;

(b) a direction requiring a party to carry out research or investigations in order to obtain relevant information;

(c) a direction requiring a party not to impose unreasonable procedural conditions on the party's participation in negotiations;

(d) a direction requiring a party to respond in writing to the other party's proposal or request in relation to the time and place of a meeting;

(e) a direction requiring a party, or a representative of a party, to attend a mediation conference;

(f) a direction requiring a party, or a representative of a party, to attend a conciliation conference.

(4) For the purposes of paragraph (3)(c), if a party (the first party ) imposes, as a condition on the first party's participation in negotiations, a requirement that the other party must not disclose to the Commission any or all information, or the contents of any or all documents, provided in the course of negotiations, that condition is taken to be an unreasonable procedural condition on the first party's participation in those negotiations.

(5) A person must not contravene a direction under subsection (2).

(6) A person must not:

(a) aid, abet, counsel or procure a contravention of subsection (5); or

(b) induce, whether by threats or promises or otherwise, a contravention of subsection (5); or

(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (5); or

(d) conspire with others to effect a contravention of subsection (5).

(7) In deciding whether to give a direction under subsection (2), the Commission must have regard to:

(a) any guidelines in force under subsection (8); and

(b) such other matters as the Commission considers relevant.

(8) The Commission may, by written instrument, formulate guidelines for the purposes of subsection (7).

(9) In addition to its effect apart from this subsection, this section also has the effect it would have if:

(a) each reference to a carrier were, by express provision, confined to a carrier that is a constitutional corporation; and

(b) each reference to a carriage service provider were, by express provision, confined to a carriage service provider that is a constitutional corporation; and

(c) each reference to an access seeker were, by express provision, confined to an access seeker that is a constitutional corporation.

152BBB Enforcement of directions

(1) If the Federal Court is satisfied that a person has contravened subsection 152BBA(5) or (6), the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the Court determines to be appropriate.

(2) In determining the pecuniary penalty, the Court must have regard to all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered as a result of the contravention; and

(c) the circumstances in which the contravention took place; and

(d) whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct.

(3) The pecuniary penalty payable under subsection (1) by a body corporate is not to exceed $250,000 for each contravention.

(4) The pecuniary penalty payable under subsection (1) by a person other than a body corporate is not to exceed $50,000 for each contravention.

(5) The Commission may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in subsection (1).

(6) A proceeding under subsection (5) may be commenced within 6 years after the contravention.

(7) Criminal proceedings do not lie against a person only because the person has contravened subsection 152BBA(5) or (6).

152BBC Commission's role in negotiations

(1) This section applies if a carrier or carriage service provider is required to comply with any or all of the standard access obligations.

(2) If the following parties:

(a) the carrier or carriage service provider, as the case requires;

(b) the access seeker;

propose to negotiate, or are negotiating, with a view to agreeing on terms and conditions as mentioned in paragraph 152AY(2)(a), the parties may jointly request the Commission in writing to arrange for a representative of the Commission to attend, or mediate at, those negotiations.

(3) The Commission may comply with the request if the Commission considers that compliance with the request would be likely to facilitate those negotiations.

(4) For the purposes of this section, each of the following persons may be a representative of the Commission:

(a) a member, or associate member, of the Commission; or

(b) a person referred to in subsection 27(1); or

(c) a person engaged under section 27A.

(5) A member of the Commission is not disqualified from constituting the Commission (with other members) for the purposes of an arbitration under Division 8 of a dispute about a particular matter, merely because the member or another person attended, or mediated at, negotiations in relation to the matter in accordance with a request under this section.

36 Subsection 152CT(1)

Omit "If the Commission has reason to suspect that a person who is or was a party to the arbitration of an access dispute has not engaged, or is not engaging, in negotiations in good faith,", substitute "If the Commission considers that it would be likely to facilitate negotiations relating to an access dispute if a person who is or was a party to the arbitration of the access dispute were to be given a direction under this subsection,".

Note: The heading to section 152CT is altered by omitting "direct a party to engage in negotiations in good faith " and substituting "give directions in relation to negotiations ".

37 After subsection 152CT(2)

Insert:

(2A) For the purposes of paragraph (2)(c), if a party (the first party ) imposes, as a condition on the first party's participation in negotiations, a requirement that the other party must not disclose to the Commission any or all information, or the contents of any or all documents, provided in the course of negotiations, that condition is taken to be an unreasonable procedural condition on the first party's participation in those negotiations.

38 At the end of section 152CT

Add:

(7) In addition to its effect apart from this subsection, subsection (1) also has the effect it would have if each reference to a person were, by express provision, confined to a person who is a constitutional corporation.

39 Transitional—section 152CT of the Trade Practices Act 1974

The amendments of section 152CT of the Trade Practices Act 1974 made by this Schedule do not affect the continuity of a direction in force under that section immediately before the commencement of this item.

(4) Page 34 (after line 17), at the end of the Bill, add:

Schedule 6—Amendments commencing not earlier than 1 January 1999

Telecommunications Act 1997

1 Subsections 480(5), (6) and (7)

Repeal the subsections.

2 After section 480

Insert:

480A Other information to be publicly available

(1) For the purposes of this section, if a standard form of agreement formulated by a carriage service provider for the purposes of section 479 sets out terms and conditions that are applicable to the supply of goods or services to a person:

(a) the person is an ordinary customer of the carriage service provider; and

(b) the goods or services are designated goods or services .

(2) The ACA may make a written determination requiring carriage service providers to:

(a) give ordinary customers specified information relating to the supply of designated goods or services; or

(b) give specified kinds of ordinary customers specified information about the supply of designated goods or services; or

(c) publish information relating to the supply of designated goods or services.

(3) A determination under subsection (2) may specify the manner and form in which information is to be given or published.

(4) A determination under subsection (2) may make provision for customers to be informed (whether by individual notice or general publication) of, or of a summary of, any or all of their rights as customers, including their rights under Part 9 (which deals with the customer service guarantee).

(5) Subsections (3) and (4) do not limit subsection (2).

(6) Before making a determination under subsection (2), the ACA must consult the Telecommunications Industry Ombudsman.

(7) A carriage service provider must comply with a determination under subsection (2).

(8) The ACA must ensure that a determination is in force under subsection (2) at all times after the commencement of this section.

(9) A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

(Amendment to be moved on behalf of the Government)

(1) Schedule 1, page 7 (after line 29), after item 5, insert:

5A After section 8BU

Insert:

8BUA At least 2 directors must have knowledge of, or experience in, the communications needs of regional areas

(1) Telstra must ensure that at least 2 of its directors have knowledge of, or experience in, the communications needs of regional areas.

(2) A contravention of subsection (1) is not an offence. However, a contravention of subsection (1) is a ground for obtaining an injunction under Division 1 of Part 2B.

(3) A contravention of subsection (1) does not affect the validity of any transaction.

(4) This section has no effect until the end of the first annual general meeting of Telstra held after the commencement of this section.

( Amendment to be moved by Senator Boswell on behalf of the Government)

(1) Schedule 1, page 8 (after line 3), after item 6, insert:

6A At the end of section 21

Add:

(3) To avoid doubt, price-cap arrangements and other price control arrangements determined under this section may relate to charges for untimed local calls in particular areas.

(Amendment to be moved by Senator Harradine in committee of the whole)

Clause 2, page 3 (lines 22 to 24), omit subclause (3), substitute:

(3) If the commencement of Schedule 2 is not fixed by a Proclamation published in the Gazette within the period of 2 months beginning on the day the House of Representatives first meets after the first general election of the members of that House that occurs after 15 March 1998, Schedule 2 is repealed on the first day after the end of that period.

(Amendment circulated by the Government on behalf of Senator Murray for the Australian Democrats)

(1) Schedule 2, page 13 (after line 17), after item 21, insert:

21A After section 8AW

Insert:

8AWATelstra not to make political donations

(1) Telstra, or a director of Telstra on behalf of Telstra, must not make any donation to:

(a) a political party; or

(b) a candidate for election to the Parliament of the Commonwealth or to the legislature of a State or Territory; or

(c) a member of the Parliament of the Commonwealth or of the legislature of a State or Territory.

Penalty:

(a) if the offender is an individual—100 penalty units; or

(b) if the offender is a body corporate—10,000 penalty units.

(2) A Telstra subsidiary, or a director of a Telstra subsidiary on behalf of the subsidiary must not make any donation to:

(a) a political part; or

(b) a candidate for election to the Parliament of the Commonwealth or to the legislature of a State or Territory; or

(c) a member of the Parliament of the Commonwealth or of the legislature of a State or Territory.

Penalty:

(a) if the offender is an individual—100 penalty units; or

(b) if the offender is a body corporate—10,000 penalty units.

(3) This section ceases to have effect 5 years after the commencement of this section.

Question resolved in the affirmative.

The CHAIRMAN —The next question is that clause 3, schedule 2, schedule 3 and schedule 5 stand as printed.

Question put.