7064

2010-2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Bill 2011

 

 

(Amendments to be moved by Senator Ludlam on behalf of the Australian Greens and Senator Xenophon in committee of the whole to the Government amendments on sheet BR282)

(1)     Amendment (2), 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).

[authorisation]

(2)     Amendment (2), 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).

[authorisation]

(3)     Amendment (2), subsection 151DA(9), omit the definition of cross-subsidisation .

[authorisation]

(4)     Amendment (2), 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.

[authorisation]

(5)     Amendment (7), 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.

[authorisation]

(6)     Amendment (9), 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.

[authorisation]

 

(7)     Amendment (11), 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.

[authorisation]