Melissa Price (Durack, Liberal Party) Share this | Hansard source

I am delighted to rise today for the first time to speak on a piece of proposed legislation. I too am pleased to speak to the Telecommunications Legislation Amendment (Consumer Protection) Bill 2013. As speakers in this debate have already said, this bill seeks to strengthen consumer protections and improve the regulatory framework of the original Telecommunications Act 1997, which was introduced by the Howard government. This is an important act which ensures that consumers are protected and industry is held accountable. It is, however, important to keep legislation up to date with the fast-paced changes of industry, particularly when it involves the ever-evolving technology sphere. Australians are becoming more reliant on technology such as their mobile phones, tablet devices and internet connection to complete their everyday activities, both professional and personal. Having appropriate safeguards in place provides consumers with certainty that their rights are being protected.

Cutting red tape and reducing regulatory burdens has, and continues to be, a priority for the Abbott government. We have already proved our commitment to cutting red tape and looking out for the interests of all Australians by taking the first steps to repeal the carbon tax and the mining tax. Although my opposition colleagues have so far failed to 'see the light' on those pieces of legislation, it is important to note that similar legislation to this telecommunications bill was introduced by the former government, and it received bipartisan and industry support. It was also referred to the Senate Environment and Communications Committee, with submitters broadly in favour of the measures in this bill. Ensuring that amendments to this bill pass through the House will be another step towards reducing unnecessary administrative restraints on the telecommunications industry and updating its practices so that they are in line with the rapid developments of this sector.

This bill will streamline and improve the process for developing and amending industry codes. As the industry regulator, the Australian Communications and Media Authority will continue to be responsible for both registering these codes and ensuring that they are enforced appropriately within the industry. Industry codes are currently required to be formally revised, which is often an arduous process by multiple stakeholders. Any move to streamline this process should be given full support from all sides of this House. These amendments will allow industry codes to be varied, rather than being replaced in their entirety. This will effectively speed up the process and ensure that stakeholders are not burdened by unnecessary administrative tasks.

Another key aspect of this bill is its focus on the operations of the Do Not Call Register. This is important to the electorate of Durack—and, dare I say, all Australians who do not particularly like their dinner being interrupted far too often at night by telemarketers. The Do Not Call Register was set up by government to protect the privacy of Australians who register their telephone number so as not be disturbed by telemarketers. These Australians do not go through that process just to continue receiving calls from telemarketers, who often prey on the weak and the vulnerable. Approximately nine million telephone numbers are listed on the Do Not Call Register, so it is important that, as consumers, their right to privacy is protected at all times. When discussing legislation it is important to remember that this is not just words on a page, but is something that affects real people. My mother is at an age where she spends an increased amount of time at home and is—well, let's just say—from our seniors generation, which, unfortunately, makes her the perfect target for telemarketers as she is perceived to be weak. She receives many unwelcome calls every week, which, of course, makes her feel vulnerable and pressured to give money that she simply does not have. I believe this borders on harassment at times.

An example of this type of unwanted phone call is the likes of a mobile phone company that you do not have a contract with calling to offer you an upgrade or free phone, which generally comes with a few additional fees once you start to read the fine print. Numerous constituents have made complaints to my office that, despite being on the Do Not Call Register, they continue to be hounded by these marketing companies. Asking my constituents to complete surveys over the phone has been the most common breach of their privacy. As one of my constituents stated: 'These are some of the worst time wasters who ring at the most inopportune times—usually Saturdays, when we cherish the time with our families, or are at least trying to sleep in after a hard week.'

It is important to note that there are some groups who are exempt from this register. These include charities, research companies, political parties and educational institutions. We have all experienced these unsolicited and disruptive calls, so there is clearly a weakness in the current legislation. It is our job as representatives to see that this is rectified and to ensure that all Australians, and in particular our elderly, are protected by the law. In order to achieve this, these amendments need to be passed in their entirety to allow the Australian Communications and Media Authority to better enforce action in relation to unwelcome telemarketing calls and marketing faxes.

In the past, ACMA has encountered difficulty in establishing links between the company who is selling the product and the telemarketing company whom they have contracted or made an arrangement with. The purpose of these amendments is to remove any ambiguity from the legislation so that any telemarketing calls from a third party that are likely to be made, or unsolicited marketing faxes that are likely to be sent, in fulfilment of a contract, arrangement or understanding, are liable. This will clarify responsibility for telemarketing calls or sending telemarketing faxes and will ensure that companies can no longer contract this service out to get around their own telemarketing ban. It is an important amendment which will help to overhaul the current loopholes in the system, with the aim to increase levels of compliance.

Regulatory clarity around the role of the Telecommunications Industry Ombudsman is another important amendment to this legislation, to ensure that the industry remains efficient, competitive and responsive to the needs of Australian consumers. This bill's amendments will put a greater focus on the TIO and its capability for dispute resolution, particularly in the areas of speed, fairness and efficiency. Periodic reviews against external benchmarks will provide a measure of its effectiveness and will allow the government and the public to have appropriate safeguards in place to ensure that this industry standard is being upheld. These standards were established by the Department of Industry, Science and Tourism, with the TIO being reviewed against the standards within three years, and every five years subsequently.

The TIO is an important service for consumers, as it allows the industry to solve consumer problems rather than relying on government regulation to do the job for it. Government regulation is necessary, but it is important to find a balance that ensures industry standards are being upheld without detracting from productivity. These amendments will ensure that the TIO continues to provide an alternative dispute resolution scheme for the telecommunications industry in accordance with consumer and industry needs and standards.

After receiving unsolicited phone calls or faxes from these telecommunications companies, the last thing that the average Australian wants to do is endure a lengthy and convoluted resolution process. If the TIO and ACMA are not able to operate, or are prevented from operating, in accordance with best practice, then the Telecommunications Act becomes simply another piece of paper. It is our role to make sure that the Australian people and industry are able to work together harmoniously and that, where there are faults, these are resolved. This bill will ensure that best practice is upheld, consumers are protected from industry, and industry know their rights so that this legislation can effectively be implemented and enforced.

The Telecommunications Act 1997 has served consumers and the industry well, but we are all aware that technology is changing in the blink of an eye, with a new phone being released every couple of months—I expect it is probably every couple of weeks now. This has made traditional regulatory frameworks either inefficient or redundant, so we need our legislation to be adaptable and to progress with it. The Abbott government is committed to reducing administrative burdens and protecting the interests of consumers, and this bill ensures that appropriate safeguards are in place. I commend it to the House.

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