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National Transmission Network Sale Bill 1998

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1998

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

National Transmission Network Sale Bill 1998

 

 

(Amendments to be moved by Senator Bourne for the Australian Democrats in committee of the whole)

 

(1)     Clause 9, page 9 (after line 5), after subclause (3), insert:

          (3A)  The Minister for Finance and Administration must not make a declaration under this section in respect of a transfer of assets unless the arrangements for the transfer specify the responsibilities of parties to the transfer for any community service obligations under section 15A.

(2)     Page 10 (after line 26), after clause 12, insert:

Part 2A—National Transmission Network Reserve

12A  Establishment of the National Transmission Network Reserve

             (1)  A fund called the National Transmission Network Reserve is established.

             (2)  The Reserve is a component of the Reserved Money Fund under the Financial Management and Accountability Act 1997 .

             (3)  The purpose of the Reserve is to make payments for subsidising the costs of community and national broadcasting services in transferring to digital broadcasting.

12B  Payments into the Reserve

                   There is to be paid into the Reserve in any financial year an amount equal to any amount received by the Commonwealth as a result of a transfer of assets under section 9 (either directly or indirectly in any form including shares or the proceeds of the sale of shares) in that financial year.

12C  Payments out of the Reserve

             (1)  Amounts in the Reserve are to be applied for the purpose of assisting community and national broadcasting services to transfer to digital broadcasting.

             (2)  Amounts in the Reserve may also be applied for the payment of carriage fees and fees for access to sites or telecommunications transmission towers on behalf of a customer who is a nominated customer because of subsection 15(3) or (6).

             (3)  Total payments out of the Reserve in any financial year must not be less than payments into the Reserve in that year.

             (4)  The Minister for Communications, the Information Economy and the Arts is to decide what proportion of the fund in any year is to be applied for the assistance of national broadcasting services and what proportion is to be applied for the assistance of community broadcasting services, provided that not less than 5% of the fund in any year is to be applied for the assistance of community broadcasting services.

12D  Investments and income of the Reserve

             (1)  So far as is practicable, money in the Reserve that is not required for the purpose of making payments out of the Reserve is to be invested in accordance with the Financial Management and Accountability Act 1997 .

             (2)  Amounts equal to income derived from the investment of money in the Reserve are to be transferred to the Reserve from the Consolidated Revenue Fund.

12E  Payments

                   Amounts required ore permitted to be paid under this Act are to be paid out of money appropriated by the Parliament for the purpose.

(3)     Clause 14, page 11 (lines 24 to 26), omit subparagraph (iii).

(4)     clause 14, page 12 (lines 10 to 17), omit subclauses (2) and (3).

(5)     Clause 15, page 12 (after line 31), after subclause (3), insert:

          (3A)  A community broadcasting licensee is a nominated customer for the purposes of:

                     (a)  the carriage of broadcasting services on a non-profit basis for community and educational purposes; and

                     (b)  access to sites or telecommunications transmission towers for purposes connected with a community broadcasting service.

(6)     Page 13 (after line 27), after clause 15, insert:

15A  Community service obligations

             (1)  This section establishes community service obligations for the benefit of certain customers.

             (2)  If a customer is a nominated customer because of subsections 15(3), (3A), (4) or (6), any fees for access to sites or telecommunications transmission towers which are payable by that customer must be worked out in accordance with an approved marginal cost pricing formula and any terms and conditions of access must be specified in a written contract.

             (3)  If a customer is a nominated customer because of subsection 15(3) or (6), any fees for carriage of broadcasting services are the responsibility of the Commonwealth.

             (4)  The Minister must determine an approved marginal cost pricing formula for the purpose of subsection (2).

             (5)  A determination under subsection (4) is a disallowable instrument.