Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Hansard source

The government does not support this amendment. NBN Co.’s corporate plan and the government’s statement of expectations very clearly set out that NBN Co. will operate at layer 2 of the network stack, but, for very good reason, the bill does not include that restriction. The government is reluctant to include technology specific limitations on NBN Co. unless and until there is a demonstrated need to do so. An inflexible rule could be counterproductive in terms of the services provided to customers. That was recognised by Telstra in its submission to the Senate committee that is examining the bills that the member for Wentworth referred to.

Once the market situation is clearer, and should such certainty be required, clause 41 of the bill provides for the minister to make licence conditions on what services NBN Co. must or must not supply. With suitable carve-outs, a restriction of the type contemplated by this amendment would most appropriately be dealt with by a carrier licence condition, if the need arises. For that reason the government will not be supporting this amendment.

Question negatived.

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