Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Telecommunications Legislation Amendment (National Broadband Network) Bill 2008

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Telecommunications Legislation Amendment (National Broadband Network) Bill 2008

 

 

(1)     Schedule 1, item 11, page 5 (line 1), after “disclosed”, insert “or used”.

[use of information]

(2)     Schedule 1, item 11, page 5 (lines 20 to 22), omit the definition of authorised information officer in section 531B, substitute:

authorised information officer means:

                     (a)  the Secretary of the Department; or

                     (b)  a Deputy Secretary of the Department; or

                     (c)  an individual:

                              (i)  who is an SES employee in the Department; and

                             (ii)  whose duties relate to the National Broadband Network Task Force; or

                     (d)  a person for whom an appointment as an authorised information officer is in force under section 531M.

[authorised information officer]

(3)     Schedule 1, item 11, page 7 (after line 30), after the definition of entrusted public official in section 531B, insert:

matter preparatory to the publication of a designated request for proposal notice includes a matter preparatory to the publication of a variation of a designated request for a proposal notice.

[designated request for proposal notice]

(4)     Schedule 1, item 11, page 7 (before line 32), before paragraph (a) of the definition of protected carrier information in section 531B, insert:

                    (aa)  any information that was given by a carrier to an authorised information officer during the period:

                              (i)  beginning on 27 February 2008; and

                             (ii)  ending 12 months after the commencement of this Part;

                            where, after the information was given, an authorised information officer gave the carrier a written undertaking, on behalf of the Commonwealth, that:

                            (iii)  after the commencement of this Part, the information would be treated as protected carrier information for the purposes of this Part; and

                            (iv)  the information would not be disclosed by an authorised information officer before the commencement of this Part; or

[voluntary information]

(5)     Schedule 1, item 11, page 10 (after line 4), at the end of section 531D, add:

             (3)  For the purposes of subsection (1), it is immaterial whether the notice was published before or after the commencement of this section.

[designated request for proposal notice]

(6)     Schedule 1, item 11, page 11 (lines 7 to 9), omit subsection 531G(1), substitute:

             (1)  If a person has obtained protected carrier information in the person’s capacity as an entrusted public official, the person must not:

                     (a)  disclose the information to another person; or

                     (b)  use the information.

[use of information]

(7)     Schedule 1, item 11, page 11 (line 10), after “prohibition”, insert “of disclosure”.

[use of information]

(8)     Schedule 1, item 11, page 13 (after line 37), after subsection 531G(3), insert:

          (3A)  Each of the following is an exception to the prohibition of use in subsection (1):

                     (a)  the information is used for the purposes of the consideration by the Cabinet of:

                              (i)  a matter preparatory to the publication of a designated request for proposal notice; or

                             (ii)  the approach to be taken in relation to the consideration of submissions that could be made, after the publication or proposed publication of a designated request for proposal notice, in response to an invitation set out in the notice; or

                            (iii)  action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or

                            (iv)  a matter that is ancillary or incidental to a matter referred to in subparagraph (i), (ii) or (iii);

                     (b)  the information is used for the purposes of the consideration by the Minister of:

                              (i)  a matter preparatory to the publication of a designated request for proposal notice; or

                             (ii)  the approach to be taken in relation to the consideration of submissions that could be made, after the publication or proposed publication of a designated request for proposal notice, in response to an invitation set out in the notice; or

                            (iii)  action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or

                            (iv)  a matter that is ancillary or incidental to a matter referred to in subparagraph (i), (ii) or (iii);

                     (c)  the information is used for the purposes of advising:

                              (i)  the Cabinet; or

                             (ii)  a Minister; or

                            (iii)  a Secretary of a Department;

                            about:

                            (iv)  a matter preparatory to the publication of a designated request for proposal notice; or

                             (v)  the approach to be taken in relation to the consideration of submissions that could be made, after the publication or proposed publication of a designated request for proposal notice, in response to an invitation set out in the notice; or

                            (vi)  action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or

                           (vii)  a matter that is ancillary or incidental to a matter referred to in subparagraph (iv), (v) or (vi);

                     (d)  the information is used for the purposes of the Australian Security Intelligence Organisation, the ACCC or the ACMA giving advice to:

                              (i)  the Commonwealth; or

                             (ii)  a Minister; or

                            (iii)  a committee established under the executive power of the Commonwealth;

                            in relation to:

                            (iv)  a matter preparatory to the publication of a designated request for proposal notice; or

                             (v)  the approach to be taken in relation to the consideration of submissions that could be made, after the publication or proposed publication of a designated request for proposal notice, in response to an invitation set out in the notice; or

                            (vi)  action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or

                           (vii)  a matter that is ancillary or incidental to a matter referred to in subparagraph (iv), (v) or (vi);

                     (e)  the information is used for a purpose specified in the regulations;

                      (f)  the information is used for the purposes of:

                              (i)  giving advice to an authorised information officer in relation to action to be taken by the officer under section 531H; or

                             (ii)  assisting an authorised information officer in relation to the exercise of the officer’s powers under section 531H;

                     (g)  the information is used for the purposes of:

                              (i)  enabling an authorised information officer to make a decision under section 531H; or

                             (ii)  enabling an authorised information officer to disclose the information under section 531H;

                     (h)  the carrier who gave the information to an authorised information officer has consented to the use of the information;

                      (i)  the information has been made publicly known by:

                              (i)  the carrier who gave the information to an authorised information officer; or

                             (ii)  a person authorised by the carrier to make the information publicly known;

                      (j)  the use is authorised by or under a law of the Commonwealth, a State or a Territory.

          (3B)  Paragraph (3A)(e) ceases to have effect at the end of the period of 12 months beginning on the day on which this subsection commenced.

[use of information]

(9)     Schedule 1, item 11, page 14 (after line 3), after subsection 531G(4), insert:

          (4A)  An entrusted public official is not required to give a carrier an opportunity to be heard in relation to a decision to use information under subsection (3A).

[use of information]

(10)   Schedule 1, item 11, page 15 (line 30), at the end of subsection 531J(1), add “or a decision to use information under subsection 531G(3A)”.

[use of information]

(11)   Schedule 1, item 11, page 15 (line 34), after “531H(1)”, insert “or a decision to use information under subsection 531G(3A)”.

[use of information]

(12)   Schedule 1, item 11, page 16 (lines 2 to 4), omit subsection 531K(1), substitute:

             (1)  If a person has obtained protected carrier information in the person’s capacity as an entrusted company officer of a company, the person must not:

                     (a)  disclose the information to another person; or

                     (b)  use the information.

[use of information]

(13)   Schedule 1, item 11, page 16 (line 5), after “prohibition”, insert “of disclosure”.

[use of information]

(14)   Schedule 1, item 11, page 17 (after line 2), after subsection 531K(2), insert:

          (2A)  Each of the following is an exception to the prohibition of use in subsection (1):

                     (a)  the information is used for the purposes of:

                              (i)  the consideration by the company of whether to make a submission in response to an invitation set out in a designated request for proposal notice; or

                             (ii)  the preparation of a submission by the company in response to an invitation set out in a designated request for proposal notice; or

                            (iii)  if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the consideration by the company of whether to vary the submission; or

                            (iv)  if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the preparation by the company of a variation of the submission;

                     (b)  the carrier who gave the information to an authorised information officer has consented to the use of the information;

                     (c)  the information has been made publicly known by:

                              (i)  the carrier who gave the information to an authorised information officer; or

                             (ii)  a person authorised by the carrier to make the information publicly known;

                     (d)  the use was authorised by or under a law of the Commonwealth, a State or a Territory.

[use of information]

(15)   Schedule 1, item 11, page 17 (after line 30), at the end of section 531L, add:

             (3)  If:

                     (a)  protected carrier information was given to an authorised information officer by a carrier; and

                     (b)  the Federal Court is satisfied that an entrusted company officer of a company has contravened subsection 531K(1) or (3) in relation to the information; and

                     (c)  the Court is satisfied that the carrier has suffered loss or damage as a result of the contravention; and

                     (d)  the Court is satisfied that:

                              (i)  the entrusted company officer was an employee or agent of the company; and

                             (ii)  the entrusted company officer’s conduct was within the entrusted company officer’s actual or apparent authority as an employee or agent of the company;

the Court may, on the application of the carrier, make an order that the Court considers appropriate directing the company to compensate the carrier.

             (4)  An application under subsection (3) may be made at any time within 6 years after the contravention occurred.

             (5)  Compensation is not payable to a company under both:

                     (a)  subsection (1); and

                     (b)  subsection (3);

in respect of the same contravention of subsection 531K(1) or (3).

[compensation]