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Telecommunications Legislation Amendment (Consumer Protection) Bill 2013

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2010-2011-2012-2013

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

TELECOMMUNICATIONS LEGISLATION AMENDMENT (CONSUMER PROTECTION) BILL 2013

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Broadband, Communications

and the Digital Economy, Senator the Honourable Stephen Conroy)



TELECOMMUNICATIONS LEGISLATION AMENDMENT (CONSUMER PROTECTION) BILL 2013

 

OUTLINE

 

The Telecommunications Legislation Amendment (Consumer Protection) Bill 2013 (the Bill) makes a number of amendments to telecommunications legislation to strengthen consumer protections and improve the telecommunications co-regulatory framework.

 

The measures contained in the Bill have been prepared in response to recommendations coming out of reviews conducted by the Department of Broadband, Communications and the Digital Economy (the Department) of:

·         the Telecommunications Industry Ombudsman (TIO) scheme, provided for in Part 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (Consumer Protection Act); and

·         the process for registering industry codes (particularly consumer-related industry codes) under Part 6 of the Telecommunications Act 1997 (Telecommunications Act).

 

The amendments to the Consumer Protection Act are intended to improve the operation of the TIO scheme in a number of areas by:

·         providing greater clarity about the TIO’s role and expected standards of operation by requiring the TIO scheme to comply with standards determined by the Minister, following consultation with the TIO and the industry regulator, the Australian Communications and Media Authority (ACMA); and

·         requiring periodic public reviews of the TIO scheme conducted by a person or body independent of the TIO and the telecommunications industry.

 

The amendments to the Telecommunications Act are intended to streamline and improve the process for developing and amending industry codes under Part 6 of that Act by:

·          enabling industry codes to be varied (rather than being required to be wholly replaced);

·          extending the application of the reimbursement scheme for developing consumer-related industry codes to also apply to varying consumer-related industry codes; and

·          requiring code developers to conduct transparent and accountable code development processes by publishing on their websites:

­     draft codes and draft variations; and

­     any submissions received from industry participants and members of the public about the draft code or draft variation.

 

The Bill also contains amendments to the Do Not Call Register Act 2006 (DNCR Act) prepared in response to feedback received by the Department from the ACMA about the operation of that Act. These amendments are intended to enhance the operational efficiency of the DNCR Act by clarifying the meaning of ‘cause’ in relation to the party responsible for making telemarketing calls and sending marketing faxes where third parties are carrying out the marketing activities.

 

Part 1 of Schedule 1 to the Bill provides the amendments to the DNCR Act and the Telecommunications Act.

 

Part 2 of Schedule 1 to the Bill provides the amendments to the Consumer Protection Act.

 

FINANCIAL IMPACT STATEMENT

 

The Bill makes amendments to the reimbursement scheme in Division 6A of Part 6 of the Telecommunications Act, which enables industry bodies and associations that develop consumer-related industry codes to be reimbursed by the ACMA for their costs in developing those codes. The amendments in the Bill (items 17 to 30) extend the application of the reimbursement scheme so that industry bodies and associations can also seek reimbursement of their costs incurred in varying a consumer-related industry code.

 

Although the proposed amendments to the current reimbursement scheme may result in an increase in Commonwealth expenditure, the amount of additional expenditure in a financial year (being the total amount of costs reimbursed to industry bodies and associations by the ACMA in relation to variations to consumer-related industry codes) is directly referable to the additional amount of revenue the Commonwealth will obtain during the next financial year through an increase in carrier licence charges permitted by the Telecommunications (Carrier Licence Charges) Act 1997 . The Commonwealth’s additional expenditure, through the ACMA, on funding variations to telecommunications consumer-related industry codes is recouped from telecommunications carriers through carrier licence charges. For this reason, extending the application of the reimbursement scheme to also reimburse industry bodies and associations for their costs in varying consumer-related industry codes (as implemented by the Bill) is not expected to have a financial impact on Commonwealth revenue or expenditure.

 

The Bill will not otherwise have a significant impact on Commonwealth expenditure or revenue.

 

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Telecommunications Legislation Amendment (Consumer Protection) Bill 2013

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of Bill

 

The Bill makes a number of amendments to telecommunications legislation to strengthen consumer protections and improve the telecommunications co-regulatory framework. The main changes include streamlining the process for amending registered industry codes under the Telecommunications Act and providing greater regulatory clarity around the TIO’s role and expected standards of operation under the Consumer Protection Act. In part, the proposed amendments to the Telecommunications Act require the body or association responsible for developing a code to publish material on its website, including submissions received from individuals (see proposed new subparagraphs 117(1)(f)(iii) and 119A(1)(f)(iii)). 

 

Human rights implications

 

This Bill does not engage any of the applicable rights or freedoms. In coming to this conclusion, consideration was given to the prohibition on interference with privacy and attacks on reputation (contained in Article 17 of the International Covenant on Civil and Political Rights). Proposed new subparagraphs 117(1)(f)(iii) and 119A(1)(f)(iii) in the Bill do not require personal information to be published and the relevant body or association would be required to comply with its obligations under the Privacy Act 1988

 

Conclusion

 

This Bill is compatible with human rights and freedoms because it does not engage any of the applicable rights or freedoms.

 



ABRREVIATIONS

 

The following abbreviations are used in this explanatory memorandum:

 

ACCC:

Australian Competition and Consumer Commission

ACMA:

Australian Communications and Media Authority

Bill:

Telecommunications Legislation Amendment (Consumer Protection) Bill 2013

Consumer Protection Act:

Telecommunications (Consumer Protection and Service Standards) Act 1999

DNCR Act:

Do Not Call Register Act 2006

Minister:

Minister for Broadband, Communications and the Digital Economy

Register or Do Not Call Register:

The Do Not Call Register established under the Do Not Call Register Act 2006

Telecommunications Act:

Telecommunications Act 1997

TIO:

Telecommunications Industry Ombudsman

 

 



NOTES ON CLAUSES

 

Clause 1 - Short title

 

Clause 1 provides that the Bill, when enacted, may be cited as the Telecommunications Legislation Amendment (Consumer Protection) Act 2013 .

 

Clause 2 - Commencement

 

Clause 2 provides for the commencement of the Bill.

 

Clauses 1 to 3 of the Bill, and any other provisions not covered elsewhere in the table provided at subclause 2(1), are to commence on the day the Bill receives the Royal Assent.

 

Part 1 of Schedule 1 to the Bill is to commence the day after the Bill receives the Royal Assent.

 

Part 2 of Schedule 1 to the Bill is to commence on a single day to be fixed by proclamation. However, if Part 2 of Schedule 1 is not proclaimed to commence within the period of six months beginning on the day on which the Bill receives the Royal Assent, then Part 2 of Schedule 1 is to commence on the day after the end of that six month period.

 

Part 2 of Schedule 1 to the Bill contains amendments to the Consumer Protection Act. Delayed commencement of Part 2 is proposed to allow adequate time for a legislative instrument, provided for by the amendments in Part 2, to be prepared before the commencement of the amendments to the Consumer Protection Act. Section 128 of the Consumer Protection Act, as amended, will require the TIO scheme to comply with any standards determined by the Minister under that section. It is anticipated that this determination, if made, will commence at the same time as Part 2 of Schedule 1.

 

Clause 3 - Schedule(s)

 

Clause 3 provides that each Act specified in a Schedule to the Bill is amended or repealed as set out in that Schedule and any other item in a Schedule to the Bill has effect according to its terms. The Bill has one Schedule which contains amendments to the DNCR Act, the Telecommunications Act and the Consumer Protection Act.

 

 

Schedule 1—Amendments

 

Part 1 - General Amendments

 

Do Not Call Register Act 2006

 

Parts 2 and 2A of the DNCR Act provide rules about making telemarketing calls and sending marketing faxes - namely rules:

·          prohibiting the making of unsolicited telemarketing calls, or the sending of unsolicited marketing faxes, to an Australian number that is registered on the Do Not Call Register, subject to certain exceptions (see sections 11 and 12B); and

·          requiring that agreements for the making of telemarketing calls, or the sending of marketing faxes, must require compliance with the DNCR Act (see sections 12 and 12C).

 

More specifically, subsection 11(1) of the DNCR Act provides that a person must not make, or cause to be made, an unsolicited telemarketing call to an Australian number registered on the Do Not Call Register. Subsection 11(9) extends the meaning of ‘cause’ to ensure a person (the first person) remains responsible for the telemarketing calls, even if they have made arrangements for another party to provide the actual telemarketing services. Section 12 prohibits the first person from entering into a contract with another party to undertake telemarketing calls where the contract contains no express provision that requires the other party to comply with the DNCR Act.

 

Similar provisions apply in relation to the sending of unsolicited marketing faxes under sections 12B and 12C of the DNCR Act. 

 

Subsections 11(1), 12(1), 12B(1) and 12C(1) of the DNCR Act are civil penalty provisions.

 

Under the DNCR Act, the ACMA is responsible for instituting proceedings for the recovery of any pecuniary penalties payable for contravention of a civil penalty provision. In some instances, the ACMA has encountered difficulty in establishing evidentiary links between the first person and the other party providing the telemarketing and/or fax marketing services. This has commonly arisen because agreements between the parties relate to the sale and/or marketing of the first person’s goods or services without any specific reference to the means by which the goods or services are to be sold and/or marketed.

 

The proposed amendments to the DNCR Act will capture instances where unsolicited telemarketing calls are likely to be made, or unsolicited marketing faxes are likely to be sent, in fulfilment of a contract, arrangement or understanding, rather than as a result of an undertaking to specifically do so under a contract (or the like).

 

Item 1 - Section 4

 

Item 1 inserts a proposed definition of ‘give effect to’ in section 4 of the DNCR Act which, in relation to a contract, arrangement or understanding, is taken to include doing an act or thing in pursuance of, or in accordance with, the contract, arrangement or understanding. These words are currently used in paragraphs 11(9)(c) and 12B(10)(c) of the DNCR Act and will also be used in new paragraphs 12(1)(a) and 12C(1)(a) and amended paragraphs 12(1)(c) and 12C(1)(c) (see items 3, 4, 6 and 7, below). The proposed definition correlates with the definition of ‘give effect to’ used in the Competition and Consumer Act 2010 .

 

Inserting this definition standardises the use of the term across Part 2 and Part 2A of the DNCR Act and makes clear that ‘giving effect to a contract, arrangement or understanding’ is intended to have a broad meaning.

 

Item 2 - Paragraph 11(9)(b)

 

Item 2 repeals paragraph 11(9)(b) of the DNCR Act. Repealing this paragraph makes it clear that there is no requirement for a contract, arrangement or understanding to expressly provide for the making of telemarketing calls before the first person will be taken to have ‘caused’ a telemarketing call to be made.

 

Item 3 - Paragraph 12(1)(a)

Item 4 - Paragraph 12(1)(c)

 

Section 12 of the DNCR Act mandates that agreements for the making of telemarketing calls must require the telemarketer to comply with the DNCR Act. Together, items 3 and 4 alter the test for when a person (the first person) is prohibited from entering into a contract, arrangement or understanding with another person in relation to the making of telemarketing calls.

 

Item 3 repeals paragraph 12(1)(a) of the DNCR Act and substitutes a new paragraph. This amendment will operate similarly to the proposed amendment to paragraph 11(9)(a) (see item 2, above) and make it clear that there is no requirement that a contract, arrangement or understanding expressly provides for the making of telemarketing calls before subsection 12(1) of the DNCR Act will apply. Instead, under proposed new paragraph 12(1)(a) it will be sufficient if there is a reasonable likelihood that the other person will give effect to the contract, arrangement or understanding by making telemarketing calls (or causing the employees or agents of the other person to make the calls).

 

Item 4 removes the reference in paragraph 12(1)(c) of the DNCR Act to the making of telemarketing calls being ‘covered by’ the contract, arrangement or undertaking and replaces it with a requirement that the calls be ‘made in order to give effect to’ the contract, arrangement or undertaking. This amendment is intended to similarly make it clear that a contract, arrangement or understanding need not specifically refer to making telemarketing calls before the obligation in subsection 12(1) of the DNCR Act applies.

 

Item 5 - Paragraph 12B(10)(b)

Item 6 - Paragraph 12C(1)(a)

Item 7 - Paragraph 12C(1)(c)

 

The amendments proposed in items 5, 6 and 7 in relation to sections 12B and 12C are the same amendments as those discussed in relation to sections 11 and 12 (see items 2 to 4, above) except that sections 12B and 12C relate to the sending of marketing faxes, rather than the making of telemarketing calls.

 

Telecommunications Act 1997

 

Part 6 of the Telecommunications Act sets out the arrangements for industry codes and industry standards and, in part, enables bodies or associations representing industry sections (code developers) to develop codes and register them with the ACMA.

 

Items 8 to 30 of the Bill amend Part 6 in relation to industry codes to:

·          require code developers to publish on their websites:

­     draft codes intended to be registered under Part 6; and

­     any submissions received from participants in the industry section or members of the public in relation to the draft code;

·          enable industry codes registered under Part 6 to be varied (rather than being required to be wholly replaced) following a process similar to that for developing industry codes, but limited to the provisions of the code affected by the variation; and

·          extend the application of the reimbursement scheme in Division 6A of Part 6 for developing consumer-related industry codes to also apply to varying consumer-related industry codes.

 

Item 8 - Subparagraph 117(1)(e)(i)

Item 9 - At the end of paragraph 117(1)(e)

Item 10 - Subparagraph 117(1)(f)(i)

Item 11 - At the end of paragraph 117(1)(f)

 

Items 8 to 11 amend section 117 of the Telecommunications Act, which sets out the requirements for registering an industry code under Part 6 of that Act.

 

Paragraph 117(1)(e) sets out the matters of which the ACMA needs to be satisfied, in relation to a code developer’s consultation with industry participants on a draft of the code, before the code can be registered under Part 6.

 

Item 8 amends subparagraph 117(1)(e)(i) to specify that the code developer must publish a draft of the code on its website, in relation to consulting with industry participants on the draft code.

 

Item 9 adds a new subparagraph 117(1)(e)(iii) to require the code developer to publish on its website any submissions received from industry participants about the draft code during the submission period specified by the code developer.  

 

The new requirements proposed in items 8 and 9 are intended to improve transparency and accountability in relation to the development of a code.

 

Paragraph 117(1)(f) of the Telecommunications Act sets out the matters of which the ACMA needs to be satisfied, in relation to a code developer’s public consultation on a draft of the code, before the code can be registered under Part 6.

 

Items 10 and 11 provide for an amendment to subparagraph 117(1)(f)(i) and the addition of a new subparagraph 117(1)(f)(iii) similar to those described in relation to items 8 and 9 above, namely to require the code developer to publish both a draft of the code on its website, as well as any submissions received from members of the public about the draft code during the submission period specified by the code developer. 

 

Item 12 - After section 119

 

Item 12 inserts a new section 119A into Part 6 of the Telecommunications Act that sets out the requirements for varying a registered industry code.

 

Proposed section 119A is intended to provide code developers with a more streamlined process for making changes to industry codes registered under Part 6 of the Telecommunications Act and, in so doing, enable code developers to be more responsive to emerging issues. This is to be achieved principally by:

·         enabling codes to be varied, rather than being required to be wholly replaced (as is currently provided for in section 120 of the Telecommunications Act);

·         only requiring the ACMA to consider the provisions of the code affected by the variation (see proposed paragraph 119A(1)(d));

·         requiring a code developer to consult with required stakeholders only in relation to the variation to the code (see proposed paragraphs 119A(1)(e) to 119A(1)(k)); and

·         waiving the requirement for a code developer to consult with industry and members of the public if the draft variation is minor in nature.

 

Under proposed section 119A, the body or association that developed a code registered under Part 6 is able to submit a draft variation of the code to the ACMA for approval.

 

The ACMA is required to approve the draft variation if the ACMA is satisfied that:

·         disregarding any provisions of the code that are not affected (directly or indirectly) by the variation, the code (as proposed to be varied) provides appropriate community safeguards or deals with the matters in an appropriate way, depending on the nature of the matters;

·         the body or association has published the draft variation on its website, invited participants in the relevant industry section to make submissions within a period of at least 30 days (see proposed subsection 119A(4)), considered any such submissions received and published those submissions on its website;

·         the body or association has published the draft variation on its website, invited members of the public to make submissions within a period of at least 30 days (see proposed subsection 119A(4)), considered any such submissions received and published those submissions on its website;

·         the ACCC has been consulted about the development of the draft variation;

·         the TIO has been consulted about the development of the draft variation (except where the code (as proposed to be varied) deals with telemarketing or fax marketing matters);

·         at least one consumer representative body or association has been consulted about the development of the draft variation; and

·         where the draft variation relates to privacy issues, the Information Commissioner has been consulted about the development of the draft variation and the ACMA believes the Information Commissioner is satisfied with the draft variation.

 

Similar to the current arrangements in subsection 120(2) of the Telecommunications Act, where a draft variation is of a minor nature, the requirements for consultation with industry participants and the public in paragraphs 119A(1)(e) and (f) will not apply to the code variation approval process. This will further streamline the approval process for varying the code in the event of minor changes.

 

The reduced consultation requirements for making minor changes to registered codes have been included in proposed section 119A to replace the current arrangements (contained in subsection 120(2) of the Telecommunications Act) for making minor changes to industry codes (see item 15, below) when replacing a registered code.  

 

Proposed subsection 119A(3) provides that if the ACMA approves a draft variation of a code, the code is varied accordingly.

 

Item 13 - Subsection 120(1)

Item 14 - Subsection 120(1)

Item 15 - Subsection 120(2)

 

Section 120 of the Telecommunications Act currently requires changes to an industry code to be made by replacing the code. The proposed amendments in items 13 to 15 to section 120 of the Telecommunications Act are a consequence of the introduction of the code variation approval process in proposed section 119A (see item 12, above).

 

Item 13 is consequential to the repeal of subsection 120(2) of the Telecommunications Act by item 15 of the Bill.

 

Item 14 amends subsection 120(1) of the Telecommunications Act to effectively provide code developers with the discretion whether to seek replacement or variation of a code.

 

Item 15 repeals subsection 120(2) of the Telecommunications Act, as proposed section 119A will provide for reduced consultation in relation to making minor changes to registered industry codes (see item 12, above).

 

Item 16 - Paragraph 136(1)(a)

 

Paragraph 136(1)(a) of the Telecommunications Act requires the ACMA to maintain a register of all industry codes required to be registered under Part 6. Item 16 amends this paragraph to require the ACMA to maintain the register to include all industry codes as they ‘are in force from time to time’. This amendment makes clear that the ACMA must update the register when an industry code registered under Part 6 of the Telecommunications Act is varied (see proposed subsection 119A(3)).

 

Division 6A of Part 6 of the Telecommunications Act - amended reimbursement scheme

 

Division 6A of Part 6 of the Telecommunications Act provides a scheme under which an industry body or association may seek reimbursement from the ACMA of certain costs incurred by the body or association in developing consumer-related industry codes.

 

Items 17 to 30 amend Division 6A to extend the application of the reimbursement scheme for developing consumer-related industry codes to also apply to varying consumer-related industry codes.

 

Item 17 - Division 6A of Part 6 (heading)

Item 18 - Section 136A (heading)

Item 19 - Subsection 136A(1)

Item 20 - Subsection 136A(1)

Item 21 - Subparagraph 136A(2)(c)(i)

Item 22 - Section 136B (heading)

Item 23 - Before subsection 136B(1)

Item 24 - Subsection 136B(1)

 

Items 17 to 24 make various consequential amendments to the Division 6A heading and sections 136A and 136B so that those provisions will refer to both developing and varying consumer-related industry codes.

 

Item 25 - After subsection 136B(2)

 

Item 25 inserts proposed new subsections 136B(2A) and 136B(2B).

 

Proposed subsections 136B(2A) and 136B(2B) largely mirror existing subsections 136B(1) and 136B(2), respectively. Subsection 136B(2A) sets out the matters of which the ACMA must be satisfied before making a declaration that a body or association is eligible for the reimbursement of its refundable costs in varying a consumer-related industry code. Proposed subsection 136B(2B) provides that it is only when the ACMA is satisfied of the matters listed in subsection 136B(2A) that it may make a declaration.

 

Item 25 also inserts a new subheading for the general provisions contained in subsections 136B(3) and 136B(4).

 

Item 26 - Section 136C (heading)

Item 27 - Subsection 136C(1) (heading)

 

Items 26 and 27 make consequential amendments to headings in section 136C.

 

Item 28 - After subsection 136C(3)

 

Item 28 inserts proposed new subsections 136C(3A), 136C(3B) and 136C(3C).

 

Proposed subsections 136C(3A), 136C(3B) and 136C(3C) largely mirror existing subsections 136C(1), 136C(2) and 136C(3), respectively. Subsection 136C(3A) sets out the conditions that must be met before the ACMA can give a written notice to an industry body or association determining that the body or association is entitled to be paid a specified amount as reimbursement for its costs in varying a consumer-related industry code.

 

Proposed subsection 136C(3B) provides that the specified amount the ACMA must pay the industry body or association is either the total of the costs that were incurred by the body or association in varying the consumer-related industry code, or the estimate of the total of the refundable costs that the body or association gave to the ACMA along with its application (subparagraph 136A(2)(c)(i) as amended) - whichever is lower.

 

Proposed subsection 136C(3C) provides that the ACMA must pay the specified amount to the industry body or association within 30 days after the day on which the body or association was notified by the ACMA of its entitlement to be refunded under proposed subsection 136C(3A).

 

Item 28 also inserts a new subheading for the appropriation provision contained in subsection 136C(4).

 

Item 29 - Subsection 136E(1)

Item 30 - Subsection 136E(1)

 

Items 29 and 30 make consequential amendments to subsection 136E(1).

 

Part 2 - Other Amendments

 

Telecommunications (Consumer Protection and Service Standards) Act 1999

 

Section 128 of the Consumer Protection Act requires each carrier and eligible carrier service provider to enter into a scheme providing for the TIO. The scheme provides for the TIO to investigate, make determinations and give directions relating to complaints about carriage services by end-users of those services.

 

On 4 May 2012, the Minister announced the release of the Reform of the Telecommunications Industry Ombudsman report (the TIO Report). A key recommendation of the TIO Report was for legislative amendments to be made to provide greater regulatory clarity around the TIO's role and its expected standards of operation. In particular, the report recommended that a set of framework principles should be legislatively established for the operation of the TIO scheme, based on the Benchmarks for Industry-based Customer Dispute Resolution Schemes (originally released by the Minister for Customs and Consumer Affairs in August 1997). Currently, the TIO scheme is not required to comply with any regulatory-based standards. 

 

The TIO Report also recommended the introduction of periodic mandatory, independent and public reviews of the TIO scheme.

 

Items 31 and 32 amend Part 6 of the Consumer Protection Act to introduce these measures.

 

Item 31 - At the end of section 128

 

Item 31 inserts proposed new subsections 128(8) to 128(11) into section 128 of the Consumer Protection Act to provide the Minister with the discretion to determine standards with which the TIO must comply, by way of a legislative instrument. If the Minister decides to exercise the power to make a legislative instrument under new subsection 128(9), he or she must have regard to the matters set out in new subsection 128(10), which are derived from the Benchmarks for Industry-based Customer Dispute Resolution Schemes . Further, before making a determination under new subsection 128(9), the Minister must consult with the TIO and the ACMA (proposed subsection 128(11)). 

 

The intent of this amendment is to enable the Minister to establish a set of framework principles to underpin the TIO’s operations that are both consistent with best practice for other external dispute resolution schemes and relevant to the telecommunications industry. The Minister may update the standards from time to time to take into account developments in best practice for external dispute resolution schemes.

 

Item 32 - At the end of Part 6

 

Item 32 inserts proposed new section 133A into the Consumer Protection Act, which provides for periodic reviews of the TIO scheme. 

 

Proposed section 133A sets out requirements for reviews of the TIO scheme, including:

·         the timing of reviews - the first review is to be completed within 3 years after the commencement of this section and thereafter every 5 years;

·         reviews are to be conducted by a person or body independent of the TIO and the telecommunications industry;

·         reviews must provide for public consultation, as well as consultation with the TIO and the ACMA;

·         reports of the reviews must be provided to the Minister and published on the TIO’s website; and

·         the TIO must respond to any review recommendations within 6 months of receiving a report, provide a copy of the response to the Minister, and publish the response on the TIO’s website.