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TELECOMMUNICATIONS LEGISLATION AMENDMENT (FIBRE DEPLOYMENT) E BILL 2011

Order 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.


Senator Birmingham moved the following amendments together by leave:

 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.


 20 After subsection 143(1)

  Insert:

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

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

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

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

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

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

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

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—