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NATIONAL BROADBAND NETWORK COMPANIES BILL 2010E TELECOMMUNICATIONS LEGISLATION AMENDMENT (NATIONAL BROADBAND NETWORK MEASURES—ACCESS ARRANGEMENTS) BILL 2011

Order of the day read for the further consideration of the bills in committee of the whole.

In the committee

NATIONAL BROADBAND NETWORK COMPANIES BILL 2010—

Consideration resumed of the bill, as amended—and of the amendments moved by Senator Birmingham (see entry no. 35).

Debate resumed.

Question—That the amendments be agreed to—put and negatived.


Question—That the bill, as amended, be agreed to—divided, at the request of Senator Birmingham, in respect of Part 3, Division 2, Subdivision A, and clauses 47, 48, as amended, 50 and 51.

Part 3, Division 2, Subdivision A, and clauses 47, 48, as amended, 50 and 51 agreed to.

Senator Birmingham moved the following amendments together by leave:

 Clause 96, page 79 (lines 13 to 15), omit the clause, substitute:

  

96 Public Works Committee Act

   NBN Co is taken to be an authority of the Commonwealth to which the Public Works Committee Act 1969 applies under section 6A of that Act.

 Page 79 (after line 15), after clause 96, insert:

  

96A Freedom of Information Act

   NBN Co is taken to be a prescribed authority for the purposes of the Freedom of Information Act 1982.

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

On the motion of the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) the following amendments, taken together by leave, were debated and agreed to:

 Clause 2, page 2 (table item 2), omit the table item, substitute:

2. Sections 3 to 98The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of item 2 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010.

2A. Section 98A22 March 2011.22 March 2011

2B. Sections 99 to 101The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of item 2 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010.


Page 79 (after line 22), after clause 98, insert:

 

98A Exemption from stamp duty—matters related to the creation, development or operation of the national broadband network

  (1) In this section:

   category A designated matter means any of the following matters:

 (a) an action taken by Telstra to cease to supply fixed-line carriage services to customers using a telecommunications network over which Telstra is in a position to exercise control, where:

 (i) under section 577BA of the Telecommunications Act 1997, the action is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

 (ii) the cessation relates to the creation, development or operation of the national broadband network;

 (b) an action taken by Telstra to commence to supply fixed-line carriage services to customers using the national broadband network, where, under section 577BA of the Telecommunications Act 1997, the action is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010;

 (c) the receipt of money by a person in respect of a matter covered by paragraph (a) or (b);

 (d) an agreement that:

 (i) is between Telstra and an NBN corporation; and

 (ii) relates to a matter covered by paragraph (a) or (b);

  where, at the time when the agreement is entered into, an undertaking is in force under section 577A of the Telecommunications Act 1997;

 (e) an agreement that:

 (i) is between Telstra and an NBN corporation; and

 (ii) relates to a matter covered by paragraph (a) or (b);

  where the operative provisions of the agreement are subject to a condition precedent, namely, the coming into force of an undertaking under section 577A of the Telecommunications Act 1997.

   category B designated matter means any of the following matters:

 (a) the transfer, from Telstra to an NBN corporation, of:

 (i) a conduit, wire or cable; or

 (ii) any equipment, apparatus or other thing used, or for use, in or in connection with a conduit, wire or cable;

  where:

 (iii) under section 577BA of the Telecommunications Act 1997, the transfer is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

 (iv) the transfer relates to the creation, development or operation of the national broadband network;


 (b) the giving to an NBN corporation, by Telstra, of access to a facility owned or operated by Telstra, where:

 (i) under section 577BA of the Telecommunications Act 1997, the giving of the access is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

 (ii) the access relates to the creation, development or operation of the national broadband network;

 (c) the giving to an NBN corporation, by Telstra, of access to a site:

 (i) owned, occupied or controlled by Telstra; and

 (ii) on which there is, or is proposed to be, situated a facility;

  where:

 (iii) under section 577BA of the Telecommunications Act 1997, the giving of the access is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

 (iv) the access relates to the creation, development or operation of the national broadband network;

 (d) the supply to an NBN corporation, by Telstra, of an eligible service, where:

 (i) under section 577BA of the Telecommunications Act 1997, the supply of the service is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

 (ii) the supply of the service relates to the creation, development or operation of the national broadband network;

 (e) the receipt of money by a person in respect of a matter covered by paragraph (a), (b), (c) or (d);

 (f) an agreement that:

 (i) is between Telstra and an NBN corporation; and

 (ii) relates to a matter covered by paragraph (a), (b), (c) or (d);

  where, at the time when the agreement is entered into, an undertaking is in force under section 577A of the Telecommunications Act 1997;

 (g) an agreement that:

 (i) is between Telstra and an NBN corporation; and

 (ii) relates to a matter covered by paragraph (a), (b), (c) or (d);

  where the operative provisions of the agreement are subject to a condition precedent, namely, the coming into force of an undertaking under section 577A of the Telecommunications Act 1997.

   facility has the same meaning as in the Telecommunications Act 1997 .

fixed-line carriage service has the same meaning as in section 577BC of the Telecommunications Act 1997 .

Telstra has the same meaning as in the Telstra Corporation Act 1991 .

   Category A designated matters


 (2) Stamp duty or other tax is not payable under a law of a State or Territory in respect of:

 (a) a category A designated matter; or

 (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a category A designated matter.

  (3) Subsection (2) ceases to have effect 24 months after the day on which the Communications Minister makes a declaration under section 48 that, in the Communications Minister's opinion, the national broadband network should be treated as built and fully operational.

   Category B designated matters

  (4) Stamp duty or other tax is not payable under a law of a State or Territory in respect of:

 (a) a category B designated matter; or

 (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, a category B designated matter.

  (5) Subsection (4) ceases to have effect when the Communications Minister makes a declaration under section 48 that, in the Communications Minister's opinion, the national broadband network should be treated as built and fully operational.

   Position to exercise control of a telecommunications network

  (6) For the purposes of this section, the question of whether Telstra is in a position to exercise control of a telecommunications network is to be determined under Division 7 of Part 33 of the Telecommunications Act 1997.

   Transitional—definitions etc.

  (7) For the purposes of this section, assume that:

 (a) sections 5 to 7; and

 (b) section 93; and

 (c) Schedule 1;

   had been in force throughout the period:

 (d) beginning at the commencement of this section; and

 (e) ending at the commencement of section 5.

Senator Birmingham moved the following amendment:

 Schedule 1, page 82 (line 6), omit "(1)".

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Question—That the bill, as amended, be agreed to—divided, at the request of Senator Birmingham, in respect of Schedule 1, subclauses 1(2) and (3).

Schedule 1, subclauses 1(2) and (3) agreed to.


Senator Birmingham moved the following amendments together by leave:

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

4. Schedule 3The day after this Act receives the Royal Assent.

Page 86 (after line 26), at the end of the bill, add:

 

Schedule 3—Amendment of the Productivity Commission Act 1998

 1 After Division 1 of Part 3

  Insert:

 

Division 1A—Reference to Commission on NBN proposal

 

12A Commission to prepare and publish a cost-benefit analysis

  (1) The Commission must prepare a cost-benefit analysis of the NBN proposal and publish it by 30 September 2011.

  (2) The cost-benefit analysis must include the following matters:

 (a) an analysis of the availability of broadband services across Australia, identifying those suburbs and regions where current service is of a lesser standard or higher price than the best services available in the capital cities;

 (b) a consideration of the different options by which broadband services of particular speeds could be made available to all Australians (particularly those in regional and remote areas and those in underserved metropolitan areas) with an estimate of the likely timeframe and cost of each option;

 (c) a consideration of the economy-wide benefits likely to flow from enhanced broadband services around Australia, the applications likely to be used on such services, and in particular a consideration of the different scale of such benefits depending on the broadband speed available;

 (d) a full and transparent costing of the proposed NBN project, including any financial and economic projections, models, assumptions and sensitivity calculations underpinning the estimates;

 (e) an examination of the likely pricing structure of NBN services;

 (f) an examination of reasonable commercial rates of return and cash flows for NBN Co, taking into account NBN Co's costs of equity and debt and the risk profile of both NBN Co and the market in which it operates;

 (g) a consideration of the likely realisable value of NBN Co if it were to be privatised after 5 years, as currently contemplated in the NBN legislation;

 (h) an examination of the design, construction and operational arrangements of the proposed NBN project, so that direct and indirect outcomes from its construction and operation can be identified and evaluated;

 (i) an examination of the likely environmental and health impacts of the construction of the NBN;


 (j) an analysis of the effects of the proposed NBN on competition in the Australian fixed-line broadband market, including its effects on the scope for competition among different technologies for the provision of fixed-line and wireless broadband services;

 (k) an analysis of the impact of any exemption under the Competition and Consumer Act 2010 in connection with the NBN;

 (l) benchmarking of the NBN against comparable broadband services available in overseas markets;

 (m) consideration of potential technological advances and the likely impact on the NBN, including whether future technologies may be superior;

 (n) consideration of the likely take-up rate for NBN services, having particular regard to international experience;

 (o) consideration of the nation building social and community-specific benefits flowing from the NBN, particularly in relation to rural and regional communities.

  (3) This Act applies in relation to the requirement in subsection (1) as if:

 (a) the requirement were a matter referred to the Productivity Commission for an inquiry by the Minister; and

 (b) the Minister had required the Commission to hold hearings for the purposes of the inquiry under paragraph 11(1)(a).

  (4) Sections 11 and 12 do not apply in relation to the inquiry, other than as provided for by subsection (3).

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

On the motion of Senator Ludlam the following amendment was debated and agreed to:

 Page 81 (after line 2), after clause 100, insert:

  

100A Review of operation of the Freedom of Information Act 1982 so far as that Act relates to documents of NBN Co

  (1) Before the first anniversary of the commencement of this section, the FOI Minister must cause to be conducted a review of the operation of the Freedom of Information Act 1982 so far as that Act relates to documents of NBN Co.

  (2) The FOI Minister must cause to be prepared a report of a review under subsection (1).

  (3) The FOI Minister must cause copies of the report to be tabled in each House of the Parliament.

  (4) For the purposes of this section, the question of whether a document is a document of NBN Co is to be determined in the same manner as that question is determined under the Freedom of Information Act 1982.

  (5) In this section:

   document has the same meaning as in the Freedom of Information Act 1982 .


FOI Minister means the Minister administering the Freedom of Information Act 1982 .

Question—That the bill, as amended, be agreed to—put.

The committee divided—

AYES, 34

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Brown, Carol

Cameron

Carr

Collins

Conroy

Crossin

Farrell

Faulkner

Feeney

Fielding

Forshaw

Furner

Hanson-Young

Hogg

Hurley

Hutchins

Ludlam

Ludwig

Lundy

Marshall

McEwen (Teller)

McLucas

Milne

Polley

Pratt

Sherry

Siewert

Stephens

Wortley

Xenophon

NOES, 32

Senators—

Abetz

Adams

Back

Barnett

Bernardi

Birmingham

Boyce

Brandis

Bushby

Cash

Colbeck

Coonan

Eggleston

Ferguson

Fifield

Fisher

Humphries

Johnston

Joyce

Kroger

Macdonald

Mason

McGauran

Minchin

Nash

Parry (Teller)

Ronaldson

Ryan

Scullion

Troeth

Trood

Williams

Question agreed to.

TELECOMMUNICATIONS LEGISLATION AMENDMENT (NATIONAL BROADBAND NETWORK MEASURES—ACCESS ARRANGEMENTS) BILL 2011—

Bill, taken as a whole by leave, debated.

Senator Birmingham moved—That the committee report progress and ask leave to sit again.

Question put.

The committee divided—

AYES, 31

Senators—

Abetz

Adams

Barnett

Bernardi

Birmingham

Boyce

Brandis

Bushby

Cash

Colbeck

Coonan

Eggleston

Ferguson

Fifield

Fisher

Humphries

Johnston

Joyce

Kroger

Macdonald

Mason

McGauran

Minchin

Nash

Parry (Teller)

Ronaldson

Ryan

Scullion

Troeth

Trood

Williams


NOES, 33

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Brown, Carol

Cameron

Carr

Collins

Crossin

Farrell

Faulkner

Feeney

Fielding

Forshaw

Furner

Hanson-Young

Hogg

Hurley

Hutchins

Ludlam

Ludwig

Lundy

Marshall

McEwen (Teller)

McLucas

Milne

Polley

Pratt

Sherry

Siewert

Stephens

Wortley

Xenophon

Question negatived.

On the motion of Senator Conroy the following amendments, taken together by leave, were debated and agreed to:

 Schedule 1, heading to Part 3, page 47 (line 1), omit "Ethernet".

 Schedule 1, item 85, page 47 (line 7), omit paragraph (a) of the definition of Layer 2 bitstream service, substitute:

 (a) either:

 (i) a Layer 2 Ethernet bitstream service; or

 (ii) a Layer 2 bitstream service specified in a legislative instrument made by the ACMA for the purposes of this subparagraph; and

 Schedule 1, item 86, page 47 (line 17) to page 48 (line 5), omit section 140, substitute:

  

140 Simplified outline

   The following is a simplified outline of this Part:

 A local access line that belongs to a telecommunications network (other than the national broadband network) must not be used to supply a fixed-line carriage service if:

 (a) the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and

 (b) no Layer 2 bitstream service is available for supply to those customers or prospective customers using the network; and

 (c) the network came into existence, or was upgraded, on or after 1 January 2011.

 Schedule 1, item 86, page 48 (line 8), omit "network unit", substitute "local access line".

 Schedule 1, item 86, page 48 (line 9), omit "network unit", substitute "local access line".

 Schedule 1, item 86, page 48 (lines 15 to 17), omit paragraph 141(1)(c), substitute:

 (c) the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and


 Schedule 1, item 86, page 48 (lines 21 and 22), omit "after 25 November 2010", substitute "on or after 1 January 2011".

 Schedule 1, item 86, page 48 (lines 23 to 27), omit subparagraph 141(1)(e)(ii), substitute:

 (ii) the network was altered or upgraded on or after 1 January 2011 and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia.

 Schedule 1, item 86, page 48 (lines 28 to 31), omit paragraph 141(1)(f).

 Schedule 1, item 86, page 48 (after line 31), at the end of subsection 141(1), add:

   Note 1: See also section 141B (deemed networks).

   Note 2: For exemptions, see section 141A.

 Schedule 1, item 86, page 49 (lines 1 to 15), omit subsections 141(2) and (3), substitute:

   Sole owner of local access line

  (2) If there is only one owner of the local access line, the owner of the local access line must not:

 (a) use the local access line, either alone or jointly with one or more other persons, to supply a fixed-line carriage service; or

 (b) allow or permit another person to use the local access line to supply a fixed-line carriage service.

   Multiple owners of local access line

  (3) If there are 2 or more owners of the local access line, an owner of the local access line must not:

 (a) use the local access line, either alone or jointly with one or more other persons, to supply a fixed-line carriage service; or

 (b) either alone or together with one or more other owners, allow or permit another person to use the local access line to supply a fixed-line carriage service.

 Schedule 1, item 86, page 49 (line 23) to page 50 (line 9), omit subsections 141(5) to (9).

 Schedule 1, item 86, page 50 (before line 12), before the definition of fixed-line carriage service, insert:

   alter , in relation to a telecommunications network, has a meaning affected by section 141E.

 Schedule 1, item 86, page 50 (after line 16), after the definition of fixed-line carriage service, insert:

   local access line has the meaning given by section 141D.

 Schedule 1, item 86, page 50 (after line 18), after the definition of national broadband network, insert:

   small business customer has the meaning given by section 141G.

upgrade , in relation to a telecommunications network, has a meaning affected by section 141F.


 Schedule 1, item 86, page 50 (after line 25), at the end of Part 7, add:

  

141A Exemptions

  (1) The Minister may, by written instrument, exempt a specified network from section 141.

   Note: For specification by class, see the Acts Interpretation Act 1901.

  (2) The Minister may, by written instrument, exempt a specified local access line from section 141.

   Note: For specification by class, see the Acts Interpretation Act 1901.

  (3) The Minister may, by written instrument, exempt a specified owner from subsections 141(2) and (3).

   Note: For specification by class, see the Acts Interpretation Act 1901.

  (4) An instrument under subsection (1), (2) or (3) may be:

 (a) unconditional; or

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

  (5) Before making an instrument under subsection (1), (2) or (3), the Minister must consult:

 (a) the ACCC; and

 (b) the ACMA.

  (6) An instrument under subsection (1), (2) or (3) is not a legislative instrument.

  (7) In this section:

   local access line has the meaning given by section 141D.

 

141B Deemed networks

  (1) For the purposes of this Part, if:

 (a) a telecommunications network is altered or upgraded on or after 1 January 2011; and

 (b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;

   then:

 (c) that part is taken to be a network in its own right; and

 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.

  (2) For the purposes of this Part, if:

 (a) a telecommunications network is extended on or after 1 January 2011; and

 (b) the extended part of the network is capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;

   then:

 (c) the extended part is taken to be a network in its own right; and

 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.


 (3) If:

 (a) a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and

 (b) the network is extended to another area that is being, or is to be, developed as another stage of the project;

   subsection (2) does not apply to the extension.

  (4) If:

 (a) a telecommunications network was in existence immediately before 1 January 2011; and

 (b) the network is extended on or after 1 January 2011; and

 (c) no point on the infrastructure of the extension is located more than:

 (i) 1 kilometre; or

 (ii) if a longer distance is specified in the regulations—that longer distance;

  from a point on the infrastructure of the network as the network stood immediately before 1 January 2011;

   subsection (2) does not apply to the extension.

  (5) The regulations may provide that subsection (2) does not apply to a specified extension of a telecommunications network.

   Note: For specification by class, see the Acts Interpretation Act 1901.

    

141C Certain installations and connections are not taken to be an extension, alteration or upgrade

   For the purposes of this Part, if:

 (a) a line is or was installed for the purposes of connecting particular premises to a telecommunications network; and

 (b) the installation of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the network; and

 (c) the premises are in close proximity to a line that forms part of the infrastructure of the network; and

 (d) the network is capable of being used to supply a superfast carriage service; and

 (e) the network came into existence before 1 January 2011;

   neither the installation of the line mentioned in paragraph (a), nor the connection of the premises, is taken to be an extension, alteration or upgrade of the network.

    

141D Local access line

  (1) For the purposes of this Part, a local access line is a line that is part of the infrastructure of a local access network.

  (2) However, a line does not form part of a local access line to the extent that the line is on the customer side of the boundary of a telecommunications network.


  (3) For the purposes of this section, the boundary of a telecommunications network is to be determined in the same manner in which it is determined under section 22 for the purposes of sections 20, 21 and 30.

  (4) For the purposes of this section, local access network has the meaning generally accepted within the telecommunications industry.

   

141E Alteration

   For the purposes of this Part, an alteration of a telecommunications network does not include an extension of the network.

    

141F Upgrade of telecommunications network

   For the purposes of this Part, an upgrade of a telecommunications network does not include an extension of the network.

    

141G Small business customer

   For the purposes of this Part, small business customer means:

 (a) a customer who is a small business employer (within the meaning of the Fair Work Act 2009); or

 (b) a customer who:

 (i) carries on a business; and

 (ii) does not have any employees.

   For the purposes of paragraph (a) of this section, it is to be assumed that each reference in section 23 of the Fair Work Act 2009 to a national system employer were a reference to an employer (within the ordinary meaning of that expression).

On the motion of the Parliamentary Secretary to the Prime Minister (Senator Lundy) the following amendments, taken together by leave, were debated and agreed to:

 Schedule 1, item 86, page 50 (before line 26), after Part 7, insert:

  

Part 8—Superfast fixed-line networks

 

Division 1—Introduction

 

142 Simplified outline

   The following is a simplified outline of this Part:

 A controller of a telecommunications network (other than the national broadband network) must not use a local access line to supply an eligible service to a person other than a carrier or a service provider, if:

 (a) the local access line is part of the infrastructure of the network; and

 (b) the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and

 (c) the network came into existence, or was upgraded, on or after 1 January 2011.

 


142A Definitions

   In this Part:

   alter , in relation to a telecommunications network, has a meaning affected by section 159.

electricity supply body has the same meaning as in the National Broadband Network Companies Act 2011 .

eligible service has the same meaning as in section 152AL of the Competition and Consumer Act 2010 .

gas supply body has the same meaning as in the National Broadband Network Companies Act 2011 .

local access line has the meaning given by section 158.

national broadband network has the same meaning as in the National Broadband Network Companies Act 2011 .

rail corporation has the same meaning as in the National Broadband Network Companies Act 2011 .

sewerage services body has the same meaning as in the National Broadband Network Companies Act 2011 .

small business customer means:

 (a) a customer who is a small business employer (within the meaning of the Fair Work Act 2009); or

 (b) a customer who:

 (i) carries on a business; and

 (ii) does not have any employees.

   For the purposes of paragraph (a) of this definition, it is to be assumed that each reference in section 23 of the Fair Work Act 2009 to a national system employer were a reference to an employer (within the ordinary meaning of that expression).

   State or Territory road authority has the same meaning as in the National Broadband Network Companies Act 2011 .

storm water drainage services has the same meaning as in the National Broadband Network Companies Act 2011 .

storm water drainage services body has the same meaning as in the National Broadband Network Companies Act 2011 .

superfast carriage service means a carriage service, where:

 (a) the carriage service enables end-users to download communications; and

 (b) the download transmission speed of the carriage service is normally more than 25 megabits per second; and

 (c) the carriage service is supplied using a line to premises occupied or used by an end-user.

   upgrade , in relation to a telecommunications network, has a meaning affected by section 160.

water supply body has the same meaning as in the National Broadband Network Companies Act 2011 .

 


Division 2—Supply of eligible services to be on wholesale basis

 

143 Supply of eligible services to be on wholesale basis

   Scope

  (1) This section applies to a local access line if:

 (a) the local access line is part of the infrastructure of a telecommunications network in Australia; and

 (b) the network is used, or proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and

 (c) the network is not the national broadband network; and

 (d) either:

 (i) the network came into existence on or after 1 January 2011; or

 (ii) the network was altered or upgraded on or after 1 January 2011 and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia.

   Note 1: See also section 156 (deemed networks).

   Note 2: For exemptions, see sections 144 to 151.

   Person in position to exercise control of network

  (2) A person who is in a position to exercise control of the network, or a person who is an associate of such a person, must not use the local access line, either alone or jointly with one or more other persons, to supply an eligible service unless the service is supplied to:

 (a) a carrier; or

 (b) a service provider.

   Note 1: For when a person is in a position to exercise control of a network, see section 155.

   Note 2: For control of a company, see section 154.

   Offence

  (3) A person commits an offence if:

 (a) the person is subject to a requirement under subsection (2); and

 (b) the person engages in conduct; and

 (c) the person's conduct breaches the requirement.

    Penalty: 20,000 penalty units.

 

144 Exemptions—Ministerial instrument

  (1) The Minister may, by written instrument, exempt a specified network from section 143.

   Note: For specification by class, see the Acts Interpretation Act 1901.

  (2) The Minister may, by written instrument, exempt a specified local access line from section 143.

   Note: For specification by class, see the Acts Interpretation Act 1901.


 (3) The Minister may, by written instrument, exempt a specified person from subsection 143(2).

   Note: For specification by class, see the Acts Interpretation Act 1901.

  (4) An instrument under subsection (1), (2) or (3) may be:

 (a) unconditional; or

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

  (5) Before making an instrument under subsection (1), (2) or (3), the Minister must consult:

 (a) the ACCC; and

 (b) the ACMA.

  (6) An instrument under subsection (1), (2) or (3) is not a legislative instrument.

   

145 Exemption—transport authorities

  (1) Subsection 143(2) does not apply if:

 (a) both:

 (i) the eligible service is a carriage service; and

 (ii) the sole use of the carriage service is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services; or

 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection.

  (2) Paragraph (1)(a) does not apply to a carriage service supplied to Airservices Australia unless the carriage service is supplied on the basis that Airservices Australia must not re-supply the carriage service.

  (3) Subsection 143(2) does not apply if:

 (a) the eligible service is a carriage service, and the sole use of the carriage service is use by a State or Territory transport authority to carry communications necessary or desirable for the workings of the following services:

 (i) train services of a kind provided by the authority;

 (ii) bus or other road services of a kind provided by the authority;

 (iii) tram services of a kind provided by the authority; or

 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection.

  (4) Paragraph (3)(a) does not apply to a carriage service supplied to a State or Territory transport authority unless the carriage service is supplied on the basis that the State or Territory transport authority must not re-supply the carriage service.

  (5) Subsection 143(2) does not apply if:

 (a) both:

 (i) the eligible service is a carriage service; and

 (ii) the sole use of the carriage service is use by a rail corporation to carry communications necessary or desirable for the workings of train services; or


 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this subsection.

  (6) Paragraph (5)(a) does not apply to a carriage service supplied to a rail corporation unless the carriage service is supplied on the basis that the rail corporation must not re-supply the carriage service.

   

146 Exemption—electricity supply bodies

  (1) Subsection 143(2) does not apply if:

 (a) the eligible service is a carriage service, and the sole use of the carriage service is use by an electricity supply body to carry communications necessary or desirable for:

 (i) managing the generation, transmission, distribution or supply of electricity; or

 (ii) charging for the supply of electricity; or

 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this section.

  (2) Paragraph (1)(a) does not apply to a carriage service supplied to an electricity supply body unless the carriage service is supplied on the basis that the electricity supply body must not re-supply the carriage service.

   

147 Exemption—gas supply bodies

  (1) Subsection 143(2) does not apply if:

 (a) the eligible service is a carriage service, and the sole use of the carriage service is use by a gas supply body to carry communications necessary or desirable for:

 (i) managing the transmission or distribution of natural gas in a pipeline; or

 (ii) charging for the supply of natural gas transmitted or distributed in a pipeline; or

 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this section.

  (2) Paragraph (1)(a) does not apply to a carriage service supplied to a gas supply body unless the carriage service is supplied on the basis that the gas supply body must not re-supply the carriage service.

   

148 Exemption—water supply bodies

  (1) Subsection 143(2) does not apply if:

 (a) the eligible service is a carriage service, and the sole use of the carriage service is use by a water supply body to carry communications necessary or desirable for:

 (i) managing the distribution of water in a pipeline; or

 (ii) charging for the supply of water distributed in a pipeline; or

 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this section.

  (2) Paragraph (1)(a) does not apply to a carriage service supplied to a water supply body unless the carriage service is supplied on the basis that the water supply body must not re-supply the carriage service.

   


149 Exemption—sewerage services bodies

  (1) Subsection 143(2) does not apply if:

 (a) the eligible service is a carriage service, and the sole use of the carriage service is use by a sewerage services body to carry communications necessary or desirable for:

 (i) managing the supply of sewerage services; or

 (ii) charging for the supply of sewerage services; or

 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this section.

  (2) Paragraph (1)(a) does not apply to a carriage service supplied to a sewerage services body unless the carriage service is supplied on the basis that the sewerage services body must not re-supply the carriage service.

   

150 Exemption—storm water drainage services bodies

  (1) Subsection 143(2) does not apply if:

 (a) the eligible service is a carriage service, and the sole use of the carriage service is use by a storm water drainage services body to carry communications necessary or desirable for:

 (i) managing the supply of storm water drainage services; or

 (ii) charging for the supply of storm water drainage services; or

 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this section.

  (2) Paragraph (1)(a) does not apply to a carriage service supplied to a storm water drainage services body unless the carriage service is supplied on the basis that the storm water drainage services body must not re-supply the carriage service.

   

151 Exemption—State or Territory road authorities

  (1) Subsection 143(2) does not apply if:

 (a) the eligible service is a carriage service, and the sole use of the carriage service is use by a State or Territory road authority to carry communications necessary or desirable for the management or control of road traffic; or

 (b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this section.

  (2) Paragraph (1)(a) does not apply to a carriage service supplied to a State or Territory road authority unless the carriage service is supplied on the basis that the State or Territory road authority must not re-supply the carriage service.

   

Division 3—Other provisions

 

152 Associate

  (1) For the purposes of this Part, an associate of a person (the controller) in relation to control of:

 (a) a telecommunications network; or

 (b) a company;

   is:

 (c) a partner of the controller; or


 (d) if the controller or another person who is an associate of the controller under another paragraph receives benefits or is capable of benefiting under a trust—the trustee of the trust; or

 (e) a person (whether a company or not) who:

 (i) acts, or is accustomed to act; or

 (ii) under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act;

  in accordance with the directions, instructions or wishes of, or in concert with:

 (iii) the controller; or

 (iv) the controller and another person who is an associate of the controller under another paragraph; or

 (f) another company if:

 (i) the other company is a related body corporate of the controller for the purposes of the Corporations Act 2001; or

 (ii) the controller, or the controller and another person who is an associate of the controller under another paragraph, is or are in a position to exercise control of the other company.

  (2) However, persons are not associates of each other if the ACCC is satisfied that:

 (a) they do not act together in any relevant dealings relating to the network or company; and

 (b) neither of them is in a position to exert influence over the business dealings of the other in relation to the network or company.

 

153 Control

   In this Part, control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.

    

154 Control of a company

  (1) For the purposes of this Part, the question of whether a person is in a position to exercise control of a company is to be determined under Schedule 1 to the Broadcasting Services Act 1992.

  (2) However, in determining that question:

 (a) the definition of associate in subsection 6(1) of the Broadcasting Services Act 1992 does not apply; and

 (b) the definition of associate in section 152 of this Act applies instead.

 

155 When a person is in a position to exercise control of a network

  (1) For the purposes of this Part, a person (the controller) is in a position to exercise control of a telecommunications network if:

 (a) the controller legally or beneficially owns the network (whether alone or together with one or more other persons); or


 (b) the controller is in a position, either alone or together with an associate of the controller and whether directly or indirectly:

 (i) to exercise control of the operation of all or part of the network; or

 (ii) to exercise control of the selection of the kinds of services that are supplied using the network; or

 (iii) to exercise control of the supply of services using the network; or

 (c) a company other than the controller legally or beneficially owns the network (whether alone or together with one or more other persons), and:

 (i) the controller is in a position, either alone or together with an associate of the controller, to exercise control of the company; or

 (ii) the controller, either alone or together with an associate of the controller, is in a position to veto any action taken by the board of directors of the company; or

 (iii) the controller, either alone or together with an associate of the controller, is in a position to appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the company; or

 (iv) the controller, either alone or together with an associate of the controller, is in a position to exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the company; or

 (v) the company or more than 50% of its directors act, or are accustomed to act, in accordance with the directions, instructions or wishes of, or in concert with, the controller, the controller and an associate of the controller acting together, or the directors of the controller; or

 (vi) the company or more than 50% of its directors, under a contract or an arrangement or understanding (whether formal or informal), are intended or expected to act in accordance with the directions, instructions or wishes of, or in concert with, the controller, the controller and an associate of the controller acting together, or the directors of the controller.

  (2) An employee is not, except through an association with another person, to be regarded as being in a position to exercise control of a network under subsection (1) purely because of being an employee.

  (3) More than one person may be in a position to exercise control of a network.

   

156 Deemed networks

  (1) For the purposes of this Part, if:

 (a) a telecommunications network is altered or upgraded on or after 1 January 2011; and


 (b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;

   then:

 (c) that part is taken to be a network in its own right; and

 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.

  (2) For the purposes of this Part, if:

 (a) a telecommunications network is extended on or after 1 January 2011; and

 (b) the extended part of the network is capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;

   then:

 (c) the extended part is taken to be a network in its own right; and

 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.

  (3) If:

 (a) a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and

 (b) the network is extended to another area that is being, or is to be, developed as another stage of the project;

   subsection (2) does not apply to the extension.

  (4) If:

 (a) a telecommunications network was in existence immediately before 1 January 2011; and

 (b) the network is extended on or after 1 January 2011; and

 (c) no point on the infrastructure of the extension is located more than:

 (i) 1 kilometre; or

 (ii) if a longer distance is specified in the regulations—that longer distance;

  from a point on the infrastructure of the network as the network stood immediately before 1 January 2011;

   subsection (2) does not apply to the extension.

  (5) The regulations may provide that subsection (2) does not apply to a specified extension of a telecommunications network.

   Note: For specification by class, see the Acts Interpretation Act 1901.

    

157 Certain installations and connections are not taken to be an extension, alteration or upgrade

   For the purposes of this Part, if:

 (a) a line is or was installed for the purposes of connecting particular premises to a telecommunications network; and


 (b) the installation of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the network; and

 (c) the premises are in close proximity to a line that forms part of the infrastructure of the network; and

 (d) the network is capable of being used to supply a superfast carriage service; and

 (e) the network came into existence before 1 January 2011;

   neither the installation of the line mentioned in paragraph (a), nor the connection of the premises, is taken to be an extension, alteration or upgrade of the network.

    

158 Local access line

  (1) For the purposes of this Part, a local access line is a line that is part of the infrastructure of a local access network.

  (2) However, a line does not form part of a local access line to the extent that the line is on the customer side of the boundary of a telecommunications network.

  (3) For the purposes of this section, the boundary of a telecommunications network is to be determined in the same manner in which it is determined under section 22 for the purposes of sections 20, 21 and 30.

  (4) For the purposes of this section, local access network has the meaning generally accepted within the telecommunications industry.

   

159 Alteration

   For the purposes of this Part, an alteration of a telecommunications network does not include an extension of the network.

    

160 Upgrade of telecommunications network

   For the purposes of this Part, an upgrade of a telecommunications network does not include an extension of the network.

 Schedule 1, item 88, page 52 (line 20), omit "subsection 46(3) of".

 Schedule 1, item 93, page 53 (line 19), before "For", insert "(1)".

 Schedule 1, item 93, page 53 (lines 20 to 25), omit paragraphs 152AGA(a) and (b), substitute:

 (a) a telecommunications network is used, or is proposed to be used, to supply one or more Layer 2 bitstream services wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and

 (b) the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and

 Schedule 1, item 93, page 53 (lines 28 and 29), omit "after 25 November 2010", substitute "on or after 1 January 2011".


 Schedule 1, item 93, page 53 (line 30) to page 54 (line 3), omit subparagraph 152AGA(d)(ii), substitute:

 (ii) the network was altered or upgraded on or after 1 January 2011 and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;

 Schedule 1, item 93, page 54 (lines 4 to 8), omit paragraph 152AGA(e).

 Schedule 1, item 93, page 54 (after line 10), at the end of section 152AGA, add:

  (2) A network is not a designated superfast telecommunications network for the purposes of this Part if, under subsection 141A(1), the network is exempt from section 141.

   Note: Section 141 deals with the supply of Layer 2 bitstream services.

   Deemed networks

  (3) For the purposes of this section, if:

 (a) a telecommunications network is altered or upgraded on or after 1 January 2011; and

 (b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;

   then:

 (c) that part is taken to be a network in its own right; and

 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.

  (4) For the purposes of this section, if:

 (a) a telecommunications network is extended on or after 1 January 2011; and

 (b) the extended part of the network is capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia;

   then:

 (c) the extended part is taken to be a network in its own right; and

 (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011.

  (5) If:

 (a) a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and

 (b) the network is extended to another area that is being, or is to be, developed as another stage of the project;

   subsection (4) does not apply to the extension.


 (6) If:

 (a) a telecommunications network was in existence immediately before 1 January 2011; and

 (b) the network is extended on or after 1 January 2011; and

 (c) no point on the infrastructure of the extension is located more than:

 (i) 1 kilometre; or

 (ii) if a longer distance is specified in the regulations—that longer distance;

  from a point on the infrastructure of the network as the network stood immediately before 1 January 2011;

   subsection (4) does not apply to the extension.

  (7) The regulations may provide that subsection (4) does not apply to a specified extension of a telecommunications network.

   Note: For specification by class, see the Acts Interpretation Act 1901.

   Certain installations and connections are not taken to be an extension, alteration or upgrade

  (8) For the purposes of this section, if:

 (a) a line is or was installed for the purposes of connecting particular premises to a telecommunications network; and

 (b) the installation of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the network; and

 (c) the premises are in close proximity to a line that forms part of the infrastructure of the network; and

 (d) the network is capable of being used to supply a superfast carriage service; and

 (e) the network came into existence before 1 January 2011;

   neither the installation of the line mentioned in paragraph (a), nor the connection of the premises, is taken to be an extension, alteration or upgrade of the network.

   Small business customer

  (9) For the purposes of this section, small business customer means:

 (a) a customer who is a small business employer (within the meaning of the Fair Work Act 2009); or

 (b) a customer who:

 (i) carries on a business; and

 (ii) does not have any employees.

   For the purposes of paragraph (a), it is to be assumed that each reference in section 23 of the Fair Work Act 2009 to a national system employer were a reference to an employer (within the ordinary meaning of that expression).

   Alteration

  (10) For the purposes of this section, an alteration of a telecommunications network does not include an extension of the network.

   
Upgrade

  (11) For the purposes of this section, an upgrade of a telecommunications network does not include an extension of the network.

Bill, as amended, further debated.

Question—That the bill, as amended, be agreed to—divided, at the request of Senator Xenophon, in respect of Schedule 1, item 50, subsections 152AXC(4), (5), (6), (8), (9), (10) and (11); subsections 152AXD(2), (3), (4) and (5); item 59, subsections 152BCB(4D), (4E) and (4F); item 65, subsections 152BDA(4D), (4E) and (4F); item 99, subsections 152ARA(4), (5), (6), (8), (9), (10) and (11); subsections 152ARB(3), (4) and (5); item 104, subsections 152BCB(4K), (4L) and (4M); and item 106, subsections 152BDA(4K), (4L) and (4M).

Schedule 1, item 50, subsections 152AXC(4), (5), (6), (8), (9), (10) and (11); subsections 152AXD(2), (3), (4) and (5); item 59, subsections 152BCB(4D), (4E) and (4F); item 65, subsections 152BDA(4D), (4E) and (4F); item 99, subsections 152ARA(4), (5), (6), (8), (9), (10) and (11); subsections 152ARB(3), (4) and (5); item 104, subsections 152BCB(4K), (4L) and (4M); and item 106, subsections 152BDA(4K), (4L) and (4M) debated.

Question—That Schedule 1, item 50, subsections 152AXC(4), (5), (6), (8), (9), (10) and (11); subsections 152AXD(2), (3), (4) and (5); item 59, subsections 152BCB(4D), (4E) and (4F); item 65, subsections 152BDA(4D), (4E) and (4F); item 99, subsections 152ARA(4), (5), (6), (8), (9), (10) and (11); subsections 152ARB(3), (4) and (5); item 104, subsections 152BCB(4K), (4L) and (4M); and item 106, subsections 152BDA(4K), (4L) and (4M) stand as printed—put and negatived.

On the motion of Senator Xenophon the following amendments, taken together by leave, were agreed to:

 Schedule 1, item 67, page 29 (line 23) to page 30 (line 2), omit paragraphs 152BEBA(1)(g) to (i).

 Schedule 1, item 67, page 30 (line 28) to page 31 (line 7), omit paragraphs 152BEBA(2)(g) to (i).

 Schedule 1, item 67, page 32 (lines 1 to 17), omit paragraphs 152BEBB(1)(g) to (i).

 Schedule 1, item 67, page 33 (lines 7 to 23), omit paragraphs 152BEBB(2)(g) to (i).

 Schedule 1, item 67, page 34 (lines 14 to 30), omit paragraphs 152BEBC(1)(g) to (i).

 Schedule 1, item 67, page 35 (lines 20 to 36), omit paragraphs 152BEBC(2)(g) to (i).

 Schedule 1, item 79, page 44 (line 13), omit "(4F)", substitute "(4C)".

 Schedule 1, item 79, page 44 (line 14), omit "(4F)", substitute "(4C)".

 Schedule 1, item 109, page 63 (line 29) to page 64 (line 8), omit paragraphs 152BEBE(1)(h) to (j).

 Schedule 1, item 109, page 65 (lines 1 to 17), omit paragraphs 152BEBE(2)(h) to (j).

 Schedule 1, item 109, page 66 (lines 11 to 27), omit paragraphs 152BEBF(1)(h) to (j).


 Schedule 1, item 109, page 67 (lines 20 to 36), omit paragraphs 152BEBF(2)(h) to (j).

 Schedule 1, item 113, page 69 (lines 1 and 2), omit the item, substitute:

 113 At the end of subparagraph 152CJH(a)(iii)

  Add "and (4G) to (4J)".

 Schedule 1, item 114, page 69 (lines 3 and 4), omit the item, substitute:

 114 At the end of subparagraph 152CJH(a)(iv)

  Add "and (4G) to (4J)".

Senator Birmingham moved the following amendments together by leave:

 Schedule 1, item 50, page 21 (line 3), omit "between access seekers".

 Schedule 1, item 50, page 21 (line 6), omit "access seekers", substitute "persons".

 Schedule 1, item 50, page 21 (line 9), omit "an access seeker", substitute "a person".

 Schedule 1, item 50, page 21 (line 10), omit "access seeker", substitute "person".

 Schedule 1, item 50, page 21 (line 16), omit "access seeker", substitute "person".

 Schedule 1, item 50, page 21 (line 17), omit "access seeker", substitute "person".

 Schedule 1, item 50, page 21 (line 22), omit "access seekers", substitute "persons".

 Schedule 1, item 50, page 21 (line 26), omit "access seeker", substitute "person".

 Schedule, 1, item 50, page 21 (lines 20 to 32), omit subsection 152AXC(4), substitute:

  (4) NBN must not discriminate between persons on the basis of the volume, number, quantity or amount of goods, services or other things that persons acquire or agree to acquire.

 Schedule 1, item 50, page 23 (line 4), omit "access seekers", substitute "persons".

 Schedule 1, item 50, page 23 (lines 16 and 17), omit paragraph 152AXD(1)(g), substitute:

 (g) giving information about any of the above activities to persons who request, or propose to request, the supply of a declared service from that NBN corporation.

 Schedule 1, item 50, page 24 (line 2), omit "an access seeker", substitute "a person".

 Schedule 1, item 50, page 24 (line 4), omit "access seeker", substitute "person".

 Schedule 1, item 50, page 24 (line 7), omit "access seeker", substitute "person".

Debate ensued.

Senator Birmingham, by leave, withdrew the amendments.

Bill, as amended, further debated.

Senator Conroy moved the following amendments together by leave:

 Schedule 1, page 12 (after line 22), after item 25, insert:

 25A Section 151AB

  Insert:

   NBN corporation has the same meaning as in the National Broadband Network Companies Act 2011 .


 25B Subsection 151AJ(7)

  Omit "subsection (2) or (3)", substitute "this section".

 25C Subsection 151AJ(9)

  Omit "subsection (2) or (3) of".

 25D At the end of section 151AJ

  Add:

  (10) Despite anything in this section, a person does not engage in anti-competitive conduct if, under section 151DA, the conduct is authorised for the purposes of subsection 51(1).

 Schedule 1, item 50, page 19 (after line 16), after subsection 152AXB(3), insert:

  (3A) Subsection (2) does not impose an obligation on an NBN corporation to supply a service in circumstances where a refusal by the NBN corporation to supply the service is authorised under section 151DA for the purposes of subsection 51(1).

 Schedule 1, item 50, page 19 (after line 34), after subsection 152AXB(4), insert:

  (4A) Subsection (4) does not apply to an interconnection at a location that is not a listed point of interconnection (within the meaning of section 151DB).

 Schedule 1, item 50, page 22 (after line 30), at the end of section 152AXC, add:

   Authorised conduct

  (12) If conduct is authorised under section 151DA for the purposes of subsection 51(1), the conduct is taken not to be discrimination for the purposes of this section.

 Schedule 1, item 50, page 24 (after line 15), after subsection 152AXD(5), insert:

  (5A) If conduct is authorised under section 151DA for the purposes of subsection 51(1), the conduct is taken not to be discrimination for the purposes of this section.

 Schedule 1, item 60, page 27 (line 4), after "(3A)", insert ", (3B), (3C)".

 Schedule 1, item 66, page 28 (line 30), after "(3A)", insert ", (3B), (3C)".

Debate ensued.

Document: Senator Conroy tabled the following document:

 Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Bill 2011—NBN Co notes on pricing.

Question—That the amendments be agreed to—put.


The committee divided—

AYES, 34

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Brown, Carol

Cameron

Carr

Collins

Conroy

Crossin

Farrell

Faulkner

Feeney

Fielding

Forshaw

Furner

Hanson-Young

Hogg

Hurley

Ludlam

Ludwig

Lundy

Marshall

McEwen (Teller)

McLucas

Milne

Polley

Pratt

Sherry

Siewert

Stephens

Wong

Wortley

Xenophon

NOES, 32

Senators—

Abetz

Adams

Back

Barnett

Bernardi

Birmingham

Boyce

Brandis

Bushby

Cash

Colbeck

Coonan

Eggleston

Ferguson

Fifield

Fisher

Humphries

Johnston

Joyce

Kroger

Macdonald

Mason

McGauran

Minchin

Nash

Parry

Ronaldson

Ryan

Scullion

Troeth

Trood

Williams (Teller)

Question agreed to.

Senator Conroy moved the following amendment:

 Schedule 1, page 13 (after line 6), after item 29, insert:

 29A At the end of Part XIB

  Add:

 

Division 16—NBN corporations

 

151DA Authorised conduct—subsection 51(1)

   Objects

  (1) The objects of this section are:

 (a) to promote the national interest in structural reform of the telecommunications industry; and

 (b) to promote uniform national pricing of eligible services supplied by NBN corporations by authorising, for the purposes of subsection 51(1), certain conduct engaged in by NBN corporations.

   Note 1:  If conduct is authorised for the purposes of subsection 51(1), the conduct is disregarded in deciding whether a person has contravened Part IV.

   Note 2:  See also subsection 151AJ(10).

   Authorised conduct—points of interconnection

  (2) If:

 (a) an NBN corporation is a carrier or carriage service provider; and

 (b) the NBN corporation:

 (i) owns or controls one or more facilities; or

 (ii) is a nominated carrier in relation to one or more facilities; and


 (c) the NBN corporation refuses to permit interconnection of those facilities at a particular location with one or more facilities of:

 (i) a service provider; or

 (ii) a utility; and

 (d) the location is not a listed point of interconnection;

   the refusal is authorised for the purposes of subsection 51(1).

   Note:  For listed point of interconnection, see section 151DB.

   Authorised conduct—bundling of designated access services

  (3) If:

 (a) an NBN corporation is a carrier or carriage service provider; and

 (b) the NBN corporation:

 (i) refuses to supply; or

 (ii) refuses to offer to supply;

  a designated access service to a service provider or utility unless the service provider or utility acquires, or agrees to acquire, one or more other designated access services from the NBN corporation;

   the refusal is authorised for the purposes of subsection 51(1).

   Authorised conduct—cross-subsidisation

  (4) If:

 (a) the price-related terms and conditions on which an NBN corporation supplies, or offers to supply, eligible services to one or more service providers or utilities are, to any extent, attributable to cross-subsidisation; and

 (b) either:

 (i) the extent of that cross-subsidisation is no greater than is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities; or

 (ii) if a special access undertaking given by the NBN corporation is in operation—that cross-subsidisation is consistent with the special access undertaking;

   that cross-subsidisation is authorised for the purposes of subsection 51(1).

   Uniform national pricing

  (5) For the purposes of this section, uniform national pricing of an eligible service supplied, or offered to be supplied, by an NBN corporation to service providers and utilities is achieved, if, and only if, the price-related terms and conditions on which the NBN corporation supplies, or offers to supply, the eligible service to service providers and utilities are the same throughout Australia.

  (6) For the purposes of this section, in determining whether there is uniform national pricing of an eligible service supplied, or offered to be supplied, by an NBN corporation, disregard any lawful discrimination that involves a discount, allowance, rebate or credit that is:

 (a) given or allowed; or

 (b) offered to be given or allowed.


 (7) For the purposes of this section, in determining whether eligible services are characterised as:

 (a) the same eligible service; or

 (b) different eligible services;

   it is immaterial whether the services are supplied, or offered to be supplied, using:

 (c) the same facilities or kinds of facilities; or

 (d) different facilities or kinds of facilities.

  (8) For example, the same eligible service could be supplied, or offered to be supplied, using:

 (a) an optical fibre line; or

 (b) terrestrial radiocommunications equipment; or

 (c) a satellite.

   Definitions

  (9) In this section:

   access virtual circuit service means an eligible service that is known as:

 (a) an access virtual circuit service; or

 (b) the access virtual circuit component of a fibre access service.

   connectivity virtual circuit service means an eligible service that is known as:

 (a) a connectivity virtual circuit service; or

 (b) the connectivity virtual circuit component of a fibre access service.

   cross-subsidisation means either or both of the following:

 (a) cross-subsidisation in relation to the supply of an eligible service to service providers and utilities in different parts of Australia;

 (b) cross-subsidisation in relation to the supply of different eligible services to service providers and utilities.

   designated access service means:

 (a) an access virtual circuit service; or

 (b) a connectivity virtual circuit service; or

 (c) a network-network interface service; or

 (d) a user network interface service; or

 (e) a voice telephony facilitation service.

   eligible service has the same meaning as in section 152AL.

listed point of interconnection has the meaning given by section 151DB.

network-network interface service means an eligible service that is known as:

 (a) a network-network interface service; or

 (b) the network-network interface component of a fibre access service.

   nominated carrier has the same meaning as in the Telecommunications Act 1997.


point of interconnection means a location for the interconnection of facilities.

price-related terms and conditions means terms and conditions relating to price or a method of ascertaining price.

service provider has the same meaning as in the Telecommunications Act 1997.

special access undertaking has the same meaning as in Part XIC.

telecommunications industry has the same meaning as in the Telecommunications Act 1997 .

uniform national pricing has the meaning given by subsections (5) and (6).

use , in relation to a facility, means use:

 (a) in isolation; or

 (b) in conjunction with one or more other things.

   user network interface service means an eligible service that is known as:

 (a) a user network interface service; or

 (b) the user network interface service component of a fibre access service.

   utility means:

 (a) Airservices Australia; or

 (b) a State or Territory transport authority; or

 (c) a rail corporation (within the meaning of the National Broadband Network Companies Act 2011); or

 (d) an electricity supply body (within the meaning of that Act); or

 (e) a gas supply body (within the meaning of that Act); or

 (f) a water supply body (within the meaning of that Act); or

 (g) a sewerage services body (within the meaning of that Act); or

 (h) a storm water drainage services body (within the meaning of that Act); or

 (i) a State or Territory road authority (within the meaning of that Act).

   voice telephony facilitation service means a service that facilitates the supply of a carriage service that is a carriage service for the purpose of voice telephony.

 

151DB Listed points of interconnection

  (1) The Commission:

 (a) must prepare a written list setting out points of interconnection; and

 (b) may, by writing, vary that list with the agreement of an NBN corporation.

  (2) For the purposes of this Division, a point of interconnection specified in a list in force under subsection (1) is a listed point of interconnection.


  (3) The Commission must publish on its website a copy of a list in force under subsection (1).

  (4) A list under subsection (1) is not a legislative instrument.

  (5) A variation of a list under subsection (1) is not a legislative instrument.

Debate ensued.

The Leader of The Nationals in the Senate (Senator Joyce) moved the following amendment to Senator Conroy's proposed amendment:

 Omit subsection 151DA(6), substitute:

  (6) For the purposes of this section, in determining whether there is uniform national pricing of an eligible service supplied, or offered to be supplied, by an NBN corporation, the mechanism of that pricing is to be determined so as that, regardless of the technology over which a broadband service is offered, the pricing of that particular service, calculated as the cost of the average of the upload and download speeds of the particular service referred to, shall be uniform.

  (6A) In any dispute in relation to uniform national pricing, the ACCC must use the mechanism specified in subsection (6) in dispute resolution regardless of the delivery mechanism.

Debate ensued.

Question—That Senator Joyce's amendment to Senator Conroy's proposed amendment be agreed to—put.

The committee divided—

AYES,32


Senators—
AbetzBushbyHumphriesNash
Adams (Teller)CashJohnstonParry
BackColbeckJoyceRonaldson
BarnettCoonanKrogerRyan
BernardiEgglestonMacdonaldScullion
BirminghamFergusonMasonTroeth
BoyceFifieldMcGauranTrood
BrandisFisherMinchinWilliams

NOES, 34


Senators—
ArbibCrossinHurleyPratt
BilykFarrellLudlamSherry
BishopFaulknerLudwigSiewert
Brown, BobFeeneyLundyStephens
Brown, CarolFieldingMarshallWong
CameronForshawMcEwen (Teller)Wortley
CarrFurnerMcLucasXenophon
CollinsHanson-YoungMilne
ConroyHoggPolley

Question negatived.


Senator Xenophon, also on behalf of Senator Ludlam, moved the following amendments to Senator Conroy's proposed amendment together by leave:

 At the end of paragraph 151DA(2)(d), add "and".

 After paragraph 151DA(2)(d), insert:

 (e) the refusal is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities;

 Paragraph 151DA(3)(b), after "one or more other designated access services", insert "(other than voice telephony facilitation services)".

 At the end of paragraph 151DA(3)(b), add "and".

 After paragraph 151DA(3)(b), insert:

 (c) the refusal is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities;

Debate ensued.

Question—That Senator Xenophon's amendments to Senator Conroy's proposed amendment be agreed to—put and passed.

Senator Xenophon, also on behalf of Senator Ludlam, moved the following amendments to Senator Conroy's proposed amendment together by leave:

 Omit subsection 151DA(4), substitute:

   Authorised conduct—uniform national pricing

  (4) If an NBN corporation engages in conduct that is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities, that conduct is authorised for the purposes of subsection 51(1).

 Omit subsection 151DA(6), substitute:

  (6) For the purposes of this section, in determining whether there is uniform national pricing of an eligible service supplied, or offered to be supplied, by an NBN corporation, disregard any discrimination by the NBN corporation against another person on the grounds that the NBN corporation has reasonable grounds to believe that the other person would fail, to a material extent, to comply with the terms and conditions on which the NBN corporation supplies, or on which the NBN corporation is reasonably likely to supply, the eligible service.

  (6A) Examples of grounds for believing as mentioned in subsection (6) include:

 (a) evidence that the other person is not creditworthy; and

 (b) repeated failures by the other person to comply with the terms and conditions on which the same or a similar eligible service has been supplied (whether or not by the NBN corporation).

 Subsection 151DA(9), omit the definition of cross-subsidisation.

 At the end of Division 16, add:

  

151DD Review of operation of this Division

  (1) After the end of the 2-year period that began at the commencement of this Division, the Minister must cause to be conducted an independent review of the operation of this Division during that period.


  (2) Without limiting subsection (1), a review under that subsection must consider:

 (a) the conduct that was authorised under subsection 151DA(2) for the purposes of subsection 51(1); and

 (b) the conduct that was authorised under subsection 151DA(3) for the purposes of subsection 51(1); and

 (c) the conduct that was authorised under subsection 151DA(4) for the purposes of subsection 51(1).

  (3) A review under subsection (1) is to be conducted by a person who has expertise in:

 (a) competition law; and

 (b) economics.

  (4) A review under subsection (1) must make provision for public consultation.

  (5) The Minister must cause to be prepared a report of a review under subsection (1).

  (6) The Minister must ensure that the report is completed within 6 months after the end of the 2-year period mentioned in subsection (1).

  (7) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

Debate ensued.

Suspension of sitting: On the motion of Senator Conroy the sitting of the committee was suspended at 6.30 pm till 7.30 pm.

At 7.30 pm—

Debate continued.

Question—That Senator Xenophon's amendments to Senator Conroy's proposed amendment be agreed to—put and passed.

Senator Ludlam, also on behalf of Senator Xenophon, moved the following amendments to Senator Conroy's proposed amendment together by leave:

 Paragraph 151DB(1)(b), omit "with the agreement of an NBN corporation".

 After subsection 151DB(2), insert:

  (2A) The Commission must not vary a list under subsection (1) except with the agreement of an NBN corporation.

  (2B) Subsection (2A) ceases to have effect when the Communications Minister makes a declaration under section 48 of the National Broadband Network Companies Act 2011 that, in the Communications Minister's opinion, the national broadband network should be treated as built and fully operational.

  (2C) For the purposes of subsection (2B), Communications Minister has the same meaning as in the National Broadband Network Companies Act 2011.


 After section 151DB, insert:

  

151DC Review of policies and procedures relating to the identification of listed points of interconnection

  (1) Before 30 June 2013, the Commission must cause to be conducted a review of the policies and procedures relating to the identification of listed points of interconnection.

  (2) Without limiting subsection (1), a review under that subsection must consider:

 (a) the Commission's requests to NBN corporations to agree to the variation of the list in force under subsection 151DB(1); and

 (b) the responses of NBN corporations to such requests; and

 (c) the extent to which facilities are interconnected at listed points of interconnection.

  (3) A review under subsection (1) must make provision for public consultation.

  (4) The Commission must cause to be prepared a report of a review under subsection (1).

  (5) The Commission must give the report to the Minister.

  (6) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after receiving the report.

Debate ensued.

Question—That Senator Ludlam's amendments to Senator Conroy's proposed amendment be agreed to—put and passed.

Debate continued.

Question—That the amendment, as amended, be agreed to—put.

The committee divided—

AYES, 34

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Brown, Carol

Cameron

Carr

Collins

Conroy

Crossin

Farrell

Faulkner

Feeney

Fielding

Forshaw

Furner

Hanson-Young

Hogg

Hurley

Ludlam

Ludwig

Lundy

Marshall

McEwen (Teller)

McLucas

Milne

Polley

Pratt

Sherry

Siewert

Stephens

Wong

Wortley

Xenophon


NOES, 32

Senators—

Abetz

Adams (Teller)

Back

Barnett

Bernardi

Birmingham

Boyce

Brandis

Bushby

Cash

Colbeck

Coonan

Eggleston

Ferguson

Fifield

Fisher

Humphries

Johnston

Joyce

Kroger

Macdonald

Mason

McGauran

Minchin

Nash

Parry

Ronaldson

Ryan

Scullion

Troeth

Trood

Williams

Question agreed to.

Senator Conroy moved the following amendment:

 Schedule 1, page 26 (after line 7), after item 58, insert:

 58A After subsection 152BCB(3A)

  Insert:

  (3B) The Commission must not make an access determination that would have the effect of:

 (a) requiring an NBN corporation to engage in conduct that is inconsistent with conduct authorised under subsection 151DA(2) or (3) for the purposes of subsection 51(1); or

 (b) preventing an NBN corporation from giving a refusal that is authorised under subsection 151DA(3) for the purposes of subsection 51(1).

  (3C) The Commission must not make an access determination that would have the effect of preventing an NBN corporation from having cross-subsidisation in relation to the price-related terms and conditions on which an NBN corporation supplies, or offers to supply, eligible services to one or more service providers or utilities, so long as the extent of that cross-subsidisation is no greater than is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities.

  (3D) In subsection (3C), cross-subsidisation, eligible services, price-related terms and conditions, uniform national pricing and utilities have the same meaning as in section 151DA.

Senator Xenophon, also on behalf of Senator Ludlam, moved the following amendment to Senator Conroy's proposed amendment:

 Omit subsections 152BCB(3C) and (3D), substitute:

  (3C) The Commission must not make an access determination that would have the effect of preventing an NBN corporation from engaging in conduct that is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities.

  (3D) In subsection (3C), eligible services, uniform national pricing and utilities have the same meaning as in section 151DA.

Debate ensued.

Question—That Senator Xenophon's amendment to Senator Conroy's proposed amendment be agreed to—put.


The committee divided—

AYES,34


Senators—
ArbibCrossinHurleyPratt
BilykFarrellLudlamSherry
BishopFaulknerLudwigSiewert
Brown, BobFeeneyLundyStephens
Brown, CarolFieldingMarshallWong
CameronForshawMcEwen (Teller)Wortley
CarrFurnerMcLucasXenophon
CollinsHanson-YoungMilne
ConroyHoggPolley

NOES, 32


Senators—
AbetzBushby (Teller)HumphriesNash
AdamsCashJohnstonParry
BackColbeckJoyceRonaldson
BarnettCoonanKrogerRyan
BernardiEgglestonMacdonaldScullion
BirminghamFergusonMasonTroeth
BoyceFifieldMcGauranTrood
BrandisFisherMinchinWilliams

Question agreed to.

Question—That the amendment, as amended, be agreed to—put.

The committee divided—

AYES,34


Senators—
ArbibCrossinHurleyPratt
BilykFarrellLudlamSherry
BishopFaulknerLudwigSiewert
Brown, BobFeeneyLundyStephens
Brown, CarolFieldingMarshallWong
CameronForshawMcEwen (Teller)Wortley
CarrFurnerMcLucasXenophon
CollinsHanson-YoungMilne
ConroyHoggPolley

NOES, 32


Senators—
AbetzBushby (Teller)HumphriesNash
AdamsCashJohnstonParry
BackColbeckJoyceRonaldson
BarnettCoonanKrogerRyan
BernardiEgglestonMacdonaldScullion
BirminghamFergusonMasonTroeth
BoyceFifieldMcGauranTrood
BrandisFisherMinchinWilliams

Question agreed to.


Senator Conroy moved the following amendment:

 Schedule 1, page 27 (after line 31), after item 64, insert:

 64A After subsection 152BDA(3A)

  Insert:

  (3B) The Commission must not make binding rules of conduct that would have the effect of:

 (a) requiring an NBN corporation to engage in conduct that is inconsistent with conduct authorised under subsection 151DA(2) or (3) for the purposes of subsection 51(1); or

 (b) preventing an NBN corporation from giving a refusal that is authorised under subsection 151DA(3) for the purposes of subsection 51(1).

  (3C) The Commission must not make binding rules of conduct that would have the effect of preventing an NBN corporation from having cross-subsidisation in relation to the price-related terms and conditions on which an NBN corporation supplies, or offers to supply, eligible services to one or more service providers or utilities, so long as the extent of that cross-subsidisation is no greater than is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities.

  (3D) In subsection (3C), cross-subsidisation, eligible services, price-related terms and conditions, uniform national pricing and utilities have the same meaning as in section 151DA.

Senator Xenophon, also on behalf of Senator Ludlam, moved the following amendment to Senator Conroy's proposed amendment:

 Omit subsections 152BDA(3C) and (3D), substitute:

  (3C) The Commission must not make binding rules of conduct that would have the effect of preventing an NBN corporation from engaging in conduct that is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities.

  (3D) In subsection (3C), eligible services, uniform national pricing and utilities have the same meaning as in section 151DA.

Debate ensued.

Question—That Senator Xenophon's amendment to Senator Conroy's proposed amendment be agreed to—put and passed.

Question—That the amendment, as amended, be agreed to—put and passed.

Senator Conroy moved the following amendment:

 Schedule 1, page 39 (after line 17), after item 76, insert:

 76A After subsection 152CBD(5)

  Insert:

  (5A) If:

 (a) the undertaking contains price-related terms and conditions relating to the supply of a service; and

 (b) the price-related terms and conditions are, to any extent, attributable to cross-subsidisation; and


 (c) the extent of that cross-subsidisation is no greater than is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities;

   then:

 (d) the Commission must not reject the undertaking for a reason that concerns that cross-subsidisation; and

 (e) paragraph (2)(b) does not apply to that cross-subsidisation.

  (5B) In subsection (5A), cross-subsidisation, eligible services, price-related terms and conditions, uniform national pricing and utilities have the same meaning as in section 151DA.

  (5C) If a refusal is authorised under subsection 151DA(2) or (3) for the purposes of subsection 51(1):

 (a) the Commission must not reject the undertaking for a reason that concerns that refusal; and

 (b) paragraph (2)(b) of this section does not apply to that refusal.

Senator Xenophon, also on behalf of Senator Ludlam, moved the following amendment to Senator Conroy's proposed amendment:

 Omit subsections 152CBD(5A) and (5B), substitute:

  (5A) If:

 (a) the undertaking contains price-related terms and conditions relating to the supply of a service; and

 (b) the price-related terms and conditions are reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities;

   then:

 (c) the Commission must not reject the undertaking for a reason that concerns the price-related terms and conditions; and

 (d) paragraph (2)(b) does not apply to the price-related terms and conditions.

  (5B) In subsection (5A), eligible services, price-related terms and conditions, uniform national pricing and utilities have the same meaning as in section 151DA.

Debate ensued.

Question—That Senator Xenophon's amendment to Senator Conroy's proposed amendment be agreed to—put and passed.

Question—That the amendment, as amended, be agreed to—put and passed.

Bill, as amended, further debated.

On the motion of Senator Ludlam the following amendment was agreed to:

 Schedule 1, page 44 (after line 24), after item 81, insert:

 81A At the end of subsection 152EOA(1)

  Add:

 ; and (c) Division 2 of Part 2 of the National Broadband Network Companies Act 2011; and


 (d) the remaining provisions of the National Broadband Network Companies Act 2011 so far as they relate to Division 2 of Part 2 of that Act.

  (1A) Without limiting subsection (1), a review under that subsection must consider the following matters:

 (a) the supply by NBN corporations of eligible services covered by section 10, 11, 12, 13, 14, 15 or 16 of the National Broadband Network Companies Act 2011;

 (b) the types of eligible services that have been, are being, or are proposed to be, supplied by NBN corporations.

  (1B) For the purposes of subsection (1A), eligible service has the same meaning as in section 152AL.

Note: The heading to section 152EOA is altered by adding at the end "etc. ".

Question—That the bill, as amended, be agreed to—divided, at the request of Senator Birmingham, in respect of Schedule 1, Part 3, as amended,.

Schedule 1, Part 3, as amended, debated.

Question—That Schedule 1, Part 3, as amended, be agreed to—put.

The committee divided—

AYES,34


Senators—
ArbibCrossinHurleyPratt
BilykFarrellLudlamSherry
BishopFaulknerLudwigSiewert
Brown, BobFeeneyLundyStephens
Brown, CarolFieldingMarshallWong
CameronForshawMcEwen (Teller)Wortley
CarrFurnerMcLucasXenophon
CollinsHanson-YoungMilne
ConroyHoggPolley

NOES, 32


Senators—
AbetzBushby (Teller)HumphriesNash
AdamsCashJohnstonParry
BackColbeckJoyceRonaldson
BarnettCoonanKrogerRyan
BernardiEgglestonMacdonaldScullion
BirminghamFergusonMasonTroeth
BoyceFifieldMcGauranTrood
BrandisFisherMinchinWilliams

Part agreed to.

Bill, as amended, agreed to.

Bills to be reported with amendments.

The President resumed the chair and the Chair of Committees (Senator Ferguson) reported accordingly.


On the motion of Senator Conroy the report from the committee was adopted.

Senator Conroy moved—That these bills be now read a third time.

Debate ensued.

Question put.

The Senate divided—

AYES, 34

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Brown, Carol

Cameron

Carr

Collins

Conroy

Crossin

Farrell

Faulkner

Feeney

Fielding

Forshaw

Furner

Hanson-Young

Hogg

Hurley

Ludlam

Ludwig

Lundy

Marshall

McEwen (Teller)

McLucas

Milne

Polley

Pratt

Sherry

Siewert

Stephens

Wong

Wortley

Xenophon

NOES, 32

Senators—

Abetz

Adams

Back

Barnett

Bernardi

Birmingham

Boyce

Brandis

Bushby

Cash

Colbeck

Coonan

Eggleston

Ferguson

Fifield

Fisher

Humphries

Johnston

Joyce

Kroger

Macdonald

Mason

McGauran

Minchin

Nash

Parry (Teller)

Ronaldson

Ryan

Scullion

Troeth

Trood

Williams

Question agreed to.

Bills read a third time.