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Tuesday, 13 September 2011
Page: 5948

Senator BIRMINGHAM (South Australia) (18:44): by leave—I move amendments (1) and (12) on sheet 7133:

(1)   Clause 2, page 2 (at the end of the table), add:

4. Schedule 1, Part 3	The later of: (a) the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Part 3 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011.

[exemption from Parts 7 and 8 for networks operated by the original providers]

(12)   Schedule 1, page 33 (after line 4), at the end of the Schedule, add:

Part 3—Amendments relating to Parts 7 and 8 of the Telecommunications Act 1997

Telecommunications Act 1997

17 After subsection 141(1)

Insert:

(1A)   However, this section does not apply to a local access line that:

   (a)   was installed in a project area of a real estate development project after the commencement of Part 3 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011; and

   (b)   was installed in compliance with any applicable provisions of Part 20A; and

   (c)   was installed by a person that is not Telstra or NBN Co; and

   (d)   is owned by that person, or by a body corporate related to that person; and

   (e)   is operated by that person, or by a body corporate related to that person; and

   (f)   is used only to supply carriage services to end-users in the project area.

18 Subsection 141(10) (after the definition of national broadband network)

Insert:

related, of bodies corporate, has the same meaning as in the Competition and Consumer Act 2010.

19 Section 142A (after the definition of rail corporation)

Insert:

related, of bodies corporate, has the same meaning as in the Competition and Consumer Act 2010.

20 After subsection 143(1)

Insert:

(1A)   However, this section does not apply to a local access line that:

   (a)   was installed in a project area of a real estate development project after the commencement of Part 3 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011; and

   (b)   was installed in compliance with any applicable provisions of Part 20A; and

   (c)   was installed by a person that is not Telstra or NBN Co; and

   (d)   is owned by that person, or by a body corporate related to that person; and

   (e)   is operated by that person, or by a body corporate related to that person; and

   (f)   is used only to supply carriage services to end-users in the project area.

[exemption from Parts 7 and 8 for networks operated by the original providers]

I will speak very briefly to these amendments. Many of the substantive issues have been canvassed in regard to the previous amendments. Suffice it to say that these amendments seek to provide additional provisions to parts 7 and 8 of the Telecommunications Act that would exempt operators from these parts should those operators run a network that is not owned or operated by NBN Co. or Telstra, that is installed in a new development under a contract between the network's owner and the developer, that the network is owned and operated by the same entity which built it and that the network delivers retail services only to persons who reside in the development.

We think this has the potential to preserve competition in the market for the provision of fibre infrastructure and would allow competitive greenfields operators to install and operate new fibre networks in new developments without the need to meet these parts of the act but still be subject to appropriate other conditions, including the right of other retailers to access their networks. This would preserve some competition not just in the delivery and build of networks but also in the provision of services over those networks. I commend the amendments to the chamber.