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Telecommunications (Regional Broadband Scheme) Charge Bill 2018

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2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Telecommunications (Regional Broadband Scheme) Charge Bill 2018

 

 

(1)     Clause 20, page 16 (after line 15), at the end of the clause, add:

Exception—subordinate members of associated groups

             (3)  Subsections (1) and (2) do not apply in relation to a person for a month if the person is a subordinate member of an associated group during the whole or a part of the month.

Associated group

             (4)  For the purposes of this section, if:

                     (a)  a person is in a position to exercise control of:

                              (i)  a local access line; or

                             (ii)  a telecommunications network; and

                     (b)  the person has one or more associates;

then:

                     (c)  the person is taken to belong to an associated group; and

                     (d)  the associated group consists of the person and those associates; and

                     (e)  each of those associates is a subordinate member of the associated group.

             (5)  For the purposes of subsection (4), the question of whether a person is in a position to exercise control of:

                     (a)  a local access line; or

                     (b)  a telecommunications network;

is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997 .

             (6)  For the purposes of subsection (4), the question of whether a person has one or more associates is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997 .

             (7)  For the purposes of subsection (5), local access line has the same meaning as in Part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

[transitional—reduction in total number of chargeable premises]

Parliamentary Counsel

 

Telecommunications (Regional Broadband Scheme) Charge Bill 2018

LC188

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (1)

The amendment is covered by section 53 because it amends a Bill imposing taxation.



 

Telecommunications (Regional Broadband Scheme) Charge Bill 2018

SHEET LC188

 

 

 

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

 

 

 



Amendment (1)

 

This is a bill imposing taxation within the meaning of section 53 of the Constitution. The Senate may not amend a bill imposing taxation and, therefore, any amendments to the bill must be moved as requests. This is in accordance with the precedents of the Senate.