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Telecommunications Legislation Amendment (Fibre Deployment) Bill 2010

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2008-2009-2010

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

HOUSE OF REPRESENTATIVES

 

TELECOMMUNICATIONS LEGISLATION

AMENDMENT (FIBRE DEPLOYMENT) BILL 2010

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

Amendments to be moved on behalf of the Government

 

The amendment changes the commencement dates for the operative parts of the Telecommunications Legislation Amendment (Fibre Deployment) Bill 2010.

 

These amendments are being made to accommodate the possibility that passage of the Bill may not be secured prior to 1 July 2010.  If this is the case, the proposed 1 July 2010 commencement date is not workable.  The new commencement date will also provide stakeholders with further time to prepare for the implementation of the requirements of the Bill and related subordinate legislation.  The amendment was flagged by the Minister for Broadband, Communications and the Digital Economy in the Budget Estimates Hearings of the Senate Environment, Communications and the Arts Legislation Committee on 25 May 2010.

 

Amendment (1)

 

Amendment (1) proposes that Clause 2 (table items 2 and 3) be amended to change the commencements dates for Schedule 1, Parts 1 and 2.

 

Schedule 1, Part 1 would commence on a single day to be fixed by Proclamation and the proclamation cannot specify a day that occurs before 1 January 2011.  This is consistent with the Minister’s announcement on 25 May 2010 of a 1 January 2011 commencement date.

 

Schedule 1, Part 2 would also commence on a single day to be fixed by Proclamation and the proclamation must not specify a day that occurs before 1 January 2011.  However, if Part 8 of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 commences on or before that day, the provisions in that Part 2 would not commence at all. 

 

Commencement by proclamation will provide useful flexibility given the need for stakeholders to be properly prepared for commencement of the legislation.  When requirements take practical effect on the ground will also be depend on subordinate legislation required under the proposed legislative framework.

 

If no proclamation is made within the period of 6 months beginning on 1 January 2011, the provisions would commence on the day after the end of that period, being 1 July 2011.  This provides a definitive end date for the commencement of the legislation.

 

It is intended that proclamation(s) will be made in advance of 1 January 2011, as will the legislative instruments required to give effect to the Bill. This should provide stakeholders with sufficient advance notice of the requirements relevant to them.

 

(Circulated by authority of the Minister for Broadband, Communications

and the Digital Economy, Senator the Honourable Stephen Conroy)