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Senate Journal No. 50 - 13 September 2011
- 1 MEETING OF SENATE
- 2 GOVERNMENT DOCUMENTS
- 3 NOTICE OF MOTION WITHDRAWN
- 4 TELECOMMUNICATIONS LEGISLATION AMENDMENT (FIBRE DEPLOYMENT) E BILL 2011
- 5 QUESTIONS
- 6 MOTIONS TO TAKE NOTE OF ANSWERS
- 7 PETITIONS
- 8 NOTICES
- 9 POSTPONEMENT
- 10 ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION (PUBLIC HEALTH AND SAFETY) AMENDMENT BILL 2010—GENERAL BUSINESS ORDER OF THE DAY DISCHARGED
- 11 CONSTITUTIONAL CORPORATIONS (FARM GATE TO PLATE) BILL 2011
- 12 PUBLIC ACCOUNTS AND AUDIT—JOINT STATUTORY COMMITTEE—LEAVE TO MEET DURING SITTINGS
- 13 ELECTORAL MATTERS—JOINT STANDING COMMITTEE—LEAVE TO MEET DURING SITTING
- 14 LEGAL AND CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE—LEAVE TO MEET DURING SITTING
- 15 NATIONAL CAPITAL AND EXTERNAL TERRITORIES—JOINT STANDING COMMITTEE—LEAVE TO MEET DURING SITTING
- 16 TREATIES—JOINT STANDING COMMITTEE—LEAVE TO MEET DURING SITTING
- 17 MIGRATION—JOINT STANDING COMMITTEE—LEAVE TO MEET DURING SITTING
- 18 NATIONAL BROADBAND NETWORK—JOINT STANDING COMMITTEE—LEAVE TO MEET DURING SITTING
- 19 COMMUNITY AFFAIRS LEGISLATION COMMITTEE—LEAVE TO MEET DURING SITTING
- 20 SPORT—TENNIS—MS SAMANTHA STOSUR
- 21 COMMUNITY AFFAIRS REFERENCES COMMITTEE—LEAVE TO MEET DURING SITTING
- 22 IMMIGRATION—MR STEFAN NYSTROM
- 23 HISTORICAL EVENTS—NATIONAL SERVICE IN AUSTRALIA—ANNIVERSARY
- 24 ENVIRONMENT—NORTH WEST SLOPE TRAWL FISHERY
- 25 ENVIRONMENT—COAL SEAM GAS APPROVALS—MORATORIUM
- 26 FOREIGN AFFAIRS—ISRAEL—BOYCOTT
- 27 DISCUSSION OF MATTER OF PUBLIC IMPORTANCE—TAXATION—PROPOSED CARBON TAX
- 28 FOREIGN AFFAIRS—10TH ANNIVERSARY OF THE SEPTEMBER 11 TERRORIST ATTACKS—MINISTERIAL STATEMENT—DOCUMENT
- 29 TRANSPORT—SHIPPING INDUSTRY—MINISTERIAL STATEMENT—DOCUMENT
- 30 PUBLIC ACCOUNTS AND AUDIT—JOINT STATUTORY COMMITTEE—GOVERNMENT RESPONSE—419TH REPORT
- 31 DOCUMENTS
- 32 INDEXED LISTS OF DEPARTMENTAL AND AGENCY FILES—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENTS
- 33 TELECOMMUNICATIONS LEGISLATION AMENDMENT (FIBRE DEPLOYMENT) E BILL 2011
- 34 GOVERNMENT DOCUMENTS—CONSIDERATION
- 35 EXPLANATION OF SPEECHES—STATEMENT BY PRESIDENT
- 36 ADJOURNMENT
- 37 ATTENDANCE
TELECOMMUNICATIONS LEGISLATION AMENDMENT (FIBRE DEPLOYMENT) E BILL 2011Order of the day read for the further consideration of the bill in committee of the whole. In the committee Consideration resumed of the bill—and of the amendments moved by Senator Birmingham (see entry no. 4). Debate resumed. Document: The Minister for Broadband, Communications and the Digital Economy (Senator Conroy) tabled the following document: Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011—Draft industry guideline for public comment—Fibre ready pit and pipe specification for real estate development projects, dated 6 September 2011. Debate continued. Question—That the amendments be agreed to—put. The committee divided— AYES, 27 Senators— Abetz Bernardi Birmingham Boswell Boyce Brandis Bushby Cash Colbeck Cormann Edwards Eggleston Fawcett Fierravanti-Wells Fifield Johnston Kroger Macdonald Madigan Mason McKenzie Nash Parry Ronaldson Ryan Scullion Williams (Teller) NOES, 33 Senators— Arbib Bilyk Bishop Brown, Bob Cameron Collins Conroy Crossin Di Natale Farrell Faulkner Feeney Furner Gallacher Hanson-Young Hogg Ludlam Lundy Marshall McEwen (Teller) McLucas Milne Moore Pratt Rhiannon Siewert Singh Stephens Thistlethwaite Urquhart Waters Wright Xenophon Question negatived.
Clause 2, page 2 (at the end of the table), add: 4. Schedule 1, Part 3The 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. 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.
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. Debate ensued. Question—That the amendments be agreed to—put and negatived. Bill agreed to. Bill to be reported without amendment. The Acting Deputy President (Senator Bishop) resumed the chair and the Temporary Chair of Committees reported accordingly. On the motion of Senator Conroy the report from the committee was adopted and the bill read a third time. At 6.50 pm— | |