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Telecommunications Competition Bill 2002
Schedule 1 Amendment of the Telecommunications Act 1997

Part 1 Pre-selection in favour of carriage service providers

1  Section 5

Omit “ACA may require certain carriers and carriage service providers to provide pre -selection ”, substitute “ACA must require certain carriers and carriage service providers to provide pre-selection ”.

2  Section 348

Omit “may”, substitute “must”.

3  Subsection 349(2)

Omit “may”, substitute “must”.

4  Subsection 349(2)

After “specified” (first occurring), insert “declared”.

4A  At the end of subsection 349(2)

Add:

Note:          Declared carriage service is defined by section 350A.

4B  After section 350

Insert:

350A   Declared carriage services

             (1)  The ACCC may, by written instrument, declare that a specified carriage service is a declared carriage service for the purposes of this Part.

             (2)  The declaration has effect accordingly.

             (3)  In deciding whether to make a declaration under this section, the ACCC must have regard to whether the declaration will promote the long-term interests of end-users of:

                     (a)  carriage services; or

                     (b)  services supplied by means of carriage services.

             (4)  The ACCC may have regard to any other matters that it thinks are relevant.

             (5)  For the purposes of this section, the question whether a particular thing promotes the long-term interests of end-users of:

                     (a)  carriage services; or

                     (b)  services supplied by means of carriage services;

is to be determined in the same manner in which that question is determined for the purposes of Part XIC of the Trade Practices Act 1974 .

Note:          See section 152AB of the Trade Practices Act 1974 .

5  At the end of section 352

Add:

             (4)  Before making a declaration under this section, the ACA must consult the ACCC.

6  Transitional—sections 349 and 350A of the Telecommunications Act 1997

(1)        This item applies if:

                     (a)  a carriage service was the subject of a determination under subsection 349(2) of the Telecommunications Act 1997 ; and

                     (b)  the determination was in force immediately before the commencement of this item.

(2)        The Telecommunications Act 1997 has effect, in relation to the carriage service, as if the ACCC had:

                     (a)  made an instrument under subsection 350A(1) of that Act declaring the service to be a declared carriage service for the purposes of Part 17 of that Act; and

                     (b)  complied with the requirement set out in subsection 350A(3) of that Act in relation to the instrument.

(3)        This item does not prevent the instrument referred to in paragraph (2)(a) from being varied or revoked by the ACCC in accordance with subsection 33(3) of the Acts Interpretation Act 1901 .

(4)        The amendments of subsection 349(2) of the Telecommunications Act 1997 made by this Part do not affect the validity of the determination.



 

Part 2A Industry development plans

15  Subclause 5(1) of Schedule 1

Repeal the subclause, substitute:

Declarations

             (1)  The Industry Minister may, by written instrument, declare that a specified kind of carrier is a declared kind of carrier for the purposes of this clause.

15A  At the end of clause 5 of Schedule 1

Add:

Exemption certificates—applicants for carrier licences

             (4)  The ACA may issue an exemption certificate to an applicant for a carrier licence if the ACA is satisfied that, if the applicant were to become a carrier, the applicant would be a declared kind of carrier.

             (5)  The ACA must cancel an exemption certificate issued to an applicant for a carrier licence if the ACA is no longer satisfied that, if the applicant were to become a carrier, the applicant would be a declared kind of carrier.

Exemption certificates—carriers

             (6)  The ACA may issue an exemption certificate to a carrier if the ACA is satisfied that the carrier is a declared kind of carrier.

             (7)  The ACA must cancel an exemption certificate issued to a carrier if the ACA is no longer satisfied that the carrier is a declared kind of carrier.

Exemption—applicants for carrier licences

             (8)  If an exemption certificate issued to an applicant for a carrier licence is in force, subclause 4(1) does not apply in relation to the decision to grant the licence.

Exemption—carriers

             (9)  If an exemption certificate issued to a carrier is in force, this Part does not apply to the carrier.

15B  After paragraph 1(x) of Schedule 4

Insert:

                    (xa)  a decision under clause 5 of Schedule 1 to refuse to issue an exemption certificate;

                    (xb)  a decision under clause 5 of Schedule 1 to cancel an exemption certificate;

15C  Transitional—subclause 5(1) of Schedule 1 to the Telecommunications Act 1997

(1)        This item applies if:

                     (a)  a declaration was made by the Industry Minister under subclause 5(1) of Schedule 1 to the Telecommunications Act 1997 in relation to a specified kind of carrier; and

                     (b)  the declaration was in force immediately before the commencement of this item.

(2)        The Telecommunications Act 1997 has effect, in relation to the specified kind of carrier, as if the Industry Minister had made a declaration under subclause 5(1) of Schedule 1 to that Act (as amended by this Part) that the specified kind of carrier is a declared kind of carrier for the purposes of that clause.

(3)        This item does not prevent the declaration referred to in subitem (2) from being varied or revoked by the Industry Minister in accordance with subsection 33(3) of the Acts Interpretation Act 1901 .

15D  Transitional—subclause 5(6) of Schedule 1 to the Telecommunications Act 1997

(1)        This item applies if, as a result of a declaration under subclause 5(1) of Schedule 1 to the Telecommunications Act 1997 , Part 2 of Schedule 1 to that Act did not apply to a carrier immediately before the commencement of this item.

(2)        The Telecommunications Act 1997 has effect, in relation to the carrier, as if the ACA had issued an exemption certificate to the carrier under subclause 5(6) of Schedule 1 to that Act.

(3)        This item does not prevent the exemption certificate referred to in subitem (2) from being cancelled by the ACA under subclause 5(7) of Schedule 1 to the Telecommunications Act 1997 .



 

Part 3 Access to network information

16  Paragraph 21(2)(a) of Schedule 1

Before “information”, insert “timely and detailed”.

17  Paragraph 21(2)(b) of Schedule 1

Before “traffic”, insert “timely and detailed”.

18  Subclause 21(3) of Schedule 1

Repeal the subclause, substitute:

             (3)  The first carrier is not required to comply with subclause (2) unless:

                     (a)  a purpose of the access is to enable the second carrier to undertake planning, maintenance or reconfiguration of the second carrier’s telecommunications network; and

                     (b)  the second carrier’s request is reasonable.

19  Subclause 22(2) of Schedule 1

Before “information”, insert “timely and detailed”.

20  Subclause 22(3) of Schedule 1

Repeal the subclause, substitute:

             (3)  The first carrier is not required to comply with subclause (2) unless:

                     (a)  a purpose of the access is to enable the second carrier to undertake planning, maintenance or reconfiguration of the second carrier’s telecommunications network; and

                     (b)  the second carrier’s request is reasonable.

21  Subclause 23(2) of Schedule 1

Omit “that is sufficient to enable the second carrier to undertake planning for the second carrier’s own telecommunications network”.

22  Subclause 23(4) of Schedule 1

Repeal the subclause, substitute:

             (4)  The first carrier is not required to comply with subclause (2) unless:

                     (a)  a purpose of the provision of the information is to enable the second carrier to undertake planning for its own telecommunications network; and

                     (b)  the second carrier’s request is reasonable.

23  Subclause 24(3) of Schedule 1

Repeal the subclause, substitute:

             (3)  The first carrier is not required to comply with subclause (2) unless:

                     (a)  a purpose of the provision of the information is to enable the second carrier to undertake planning for its own telecommunications network; and

                     (b)  the second carrier’s request is reasonable.

24  Transitional—clauses 21, 22 and 23 of Schedule 1 to the Telecommunications Act 1997

(1)        This item applies to a request if:

                     (a)  the request was made under subclause 21(2), 22(2) or 23(2) of Schedule 1 to the Telecommunications Act 1997 ; and

                     (b)  the request was in force immediately before the commencement of this item.

(2)        The request has effect, after the commencement of this item, as if it had been made under, and in the terms required by, subclause 21(2), 22(2) or 23(2), as the case may be, of Schedule 1 to that Act (as amended by this Part).



 

Part 4 Instruments

25  Subsection 589(6) (definition of this Act )

Repeal the definition, substitute:

this Act includes:

                     (a)  the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; and

                     (b)  Parts XIB and XIC of the Trade Practices Act 1974 .