Paul Fletcher (Bradfield, Liberal Party, Minister for Urban Infrastructure) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Communications Legislation Amendment (Deregulation and Other Measures) Bill 2017 contains a range of measures to reduce red tape applying to the broadcasting and telecommunications sector whilst continuing to maintain important consumer safeguards.

The bill also simplifies regulations by removing redundant or otherwise unnecessary provisions.

I now turn to provide more detail on the amendments in the bill.

Industry based numbering management

The first set of amendments concerns industry based numbering management. The Telecommunications Act 1997 currently requires the Australian Communications and Media Authority, or ACMA, to make a plan for the numbering of carriage services in Australia and the use of numbers in connection with the supply of services to the public. The numbering plan must specify the numbers for use and may set out rules for the allocation of numbers to carriage service providers, the transfer of numbers between carriage service providers, and the surrender of numbers by carriage service providers.

This bill will amend the Telecommunications Act to enable the minister to appoint a 'numbering scheme manager' to manage numbering resources on behalf of the Commonwealth under a self-managed industry scheme. An industry managed numbering scheme has the potential to deliver faster implementation of new numbering ranges, lower charges and more efficient allocation processes. The scheme will need to achieve key principles specified in the legislation, including an adequate and appropriate supply of numbers, protection of the interests of consumers, the promotion of effective competition, support for the emergency call service and the ongoing collection of numbering charges. Any industry scheme would only commence if and when the minister was satisfied that the scheme met these and other relevant principles and would be fully funded by industry.

As an important safeguard, the appointment of the numbering scheme manager could be revoked by the minister if the numbering scheme manager was not managing the numbering scheme in accordance with the principles, or if the minister was satisfied that the revocation was in the best interests of the telecommunications industry, users of telecommunications services, the general community or national security.

As ACMA will continue to remain responsible for the collection of numbering charges, the bill will include a provision requiring a numbering scheme manager to provide information requested by ACMA in relation to calculating and collecting numbering charges. This would be at no cost to ACMA.

Licensee reporting and notification arrangements

The bill also contains provisions in relation to licensee reporting and notification arrangements. The bill will streamline account keeping and licence fee administration arrangements under the Broadcasting Services Act 1992for commercial broadcasters and datacasters.

First, the bill will remove the requirement that licensees audit certain financial information that they are required to provide to ACMA. Instead, the bill will enable the ACMA to request the audit of financial documents on a case-by-case basis, as it considers necessary.

The bill also widens the classes of officeholders who can make a statutory declaration about the gross earnings of certain commercial broadcasting and datacasting licensees. The eligible classes will be extended from the CEO or company secretary to include directors, as well as people authorised by the CEO or company secretary that have knowledge of the financial affairs of the licensee company.

The bill will also allow ACMA to waive small licence fee underpayments where, in ACMA's opinion, it would not be efficient to recover the amount unpaid.

The bill will also remove the obligation on incoming controllers of regulated media assets to notify ACMA of changes in the control of a licence or publication. This is because the Broadcasting Services Act already requires licensees, publishers and controllers of regulated media assets to notify ACMA of such changes.

Single classification scheme for television program s

The bill also deals with a single classification scheme for television programs. It will repeal the present requirement under the Broadcasting Services Act for licensees to use the film classification scheme in the Classification (Publications, Films and Computer Games) Act 1995 when broadcasting films. This will enable licensees to use the code based television classification guidelines that apply to other television programs. This change will deliver a single classification scheme for all television programs, including films. ACMA handling of broadcasting complaints

The bill also deals with ACMA's handling of broadcasting complaints. It will repeal part 11 of the Broadcasting Services Act, which sets out a framework for making and investigating complaints about licensed and national broadcasters, including complaints relating to compliance with broadcasting codes of practice. Part 11 is redundant, given that complaints currently investigated under part 11 can also be investigated under ACMA's broader investigation powers in part 13 of the Broadcasting Services Act.

Accordingly, the bill will make consequential amendments to part 13 to make it clear that people may complain to ACMA about broadcasting or datacasting services, and ACMA may investigate the complaint at its discretion.

In recognition of the co-regulatory approach to broadcasting services, the amendments make clear that ACMA may, for example, choose to investigate a complaint where the complainant is dissatisfied with the broadcaster's response to his or her complaint, or where the broadcaster fails to respond to a complaint in a manner consistent with the requirements of the relevant industry code of practice.

Tariff filing

The bill also deals with tariff filing. It will repeal tariff filing arrangements applying to the telecommunications industry under divisions 4 and 5 of part XIB of the Competition and Consumer Act 2010. Division 4 enables the ACCC to collect certain tariff information from carriers and carriage-service providers that have a substantial degree of market power. Division 5 sets out a tariff filing regime that applies specifically to Telstra. These provisions are no longer necessary, and they impose an unnecessary regulatory burden on industry. In addition, there is considerable pricing information available in the public domain.

Industry monitoring and reporting

The bill contains provisions dealing with industry monitoring and reporting. Specifically, it will reform the statutory information collection and reporting functions of ACMA and the ACCC.

Section 105 of the Telecommunications Act requires ACMA to monitor and report to the minister each financial year on significant matters related to the performance of carriers and carriage-service providers. ACMA obtains information from industry in preparing the report. The bill will provide more flexibility for ACMA to decide which matters to monitor and report on. ACMA will only be required to report on the operation of part 14 of the Telecommunications Act, regarding national interest matters, and the data retention requirements under the Telecommunications (Interception and Access) Act 1979. The minister will retain the power to direct ACMA to report on specified matters.

The bill will also remove the requirement for ACMA to provide the report to the minister and for the minister to table the report in parliament. Instead, the bill will require ACMA to prepare and publish the report on its website within six months of the end of the financial year. This change will enable ACMA to provide information to the public in a more timely manner and reduce administrative costs.

Section 151CM of the Competition and Consumer Act requires the ACCC to monitor and report to the minister annually on charges paid by consumers for listed carriage services, ancillary goods or services, and Telstra price-control arrangements. The bill will provide more flexibility to the ACCC by allowing it to decide which charges to monitor and report on, having regard to the most commonly used consumer services supplied using a telecommunications network.

The bill will also remove the requirement for the ACCC to provide the report to the minister and for the minister to table it in parliament, along with a similar requirement under section 151CL for the ACCC's report on competitive safeguards in the telecommunications industry. To enable the more timely provision of information to the public, the bill will require the ACCC to publish the reports on its website within six months of the end of the financial year. In addition, the bill will require the ACCC to review its record-keeping rules at least every five years, having regard to whether the information is publicly available, to whether consumer demand for the goods or services to which the information relates has changed and to the usefulness of the information to consumers, the minister and parliament.

ACMA consultation on s ubmarine protection cable zones

The bill also deals with consultation by ACMA on submarine protection cable zones. The bill will remove the requirement under the Telecommunications Act for ACMA to consult with an advisory committee before declaring a submarine protection cable zone. This requirement is not needed as ACMA consults with the secretary of the department of the environment and the public in all instances.

NBN Co statements that it is not installing fibre in new developments

The bill deals with statements by NBN Co that it is not installing fibre in new developments. It will remove the ability of NBN Co under the Telecommunications Act to issue and keep a register of statements that it will not be installing fibre in a new real estate development, which in turn removes the obligation on a developer to install fibre-ready pit and pipe. The current provisions require NBN Co, as an industry participant, to make decisions of a regulatory nature. This is not appropriate. The minister will continue to have the power to exempt developments from the pit-and-pipe rules if required.

NBN Co disposal of surplus assets

The bill also deals with the disposal by NBN Co of surplus assets. It amends the National Broadband Network Companies Act 2011to provide that NBN Co may dispose of surplus non-communications goods. The changes will allow NBN Co to sell surplus asserts, such as office equipment and vehicles, even where it does not supply services to the buyer of the asset. This will provide NBN Co with greater flexibility to manage its assets in an efficient and financially effective manner.

The government remains committed to ensuring that our regulation is fit for purpose in the light of changing technology and consumer expectations, and to removing outdated regulation which represents an unnecessary drag on the economy. This bill makes a useful contribution in this regard. I commend the bill to the House.

Debate adjourned.