Paul Fletcher (Bradfield, Liberal Party, Minister for Communications, Cyber Safety and the Arts) 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 2019 contains measures that will reduce the regulatory burden on the broadcasting and telecommunications sectors. The bill will also allow for the appointment of an industry body to manage telephone numbering, a function currently undertaken by the Australian Communications and Media Authority (ACMA). The bill also removes unnecessary and spent provisions.

I will now outline the measures in each of the schedules to the bill.

Schedule 1

Schedule 1 of the bill will remove a duplicative obligation in the Broadcasting Services Act 1992 that requires incoming controllers of regulated media assets to notify ACMA of changes in the control of a licence or publication. That act already requires licensees, publishers and controllers of regulated media assets to notify ACMA of such changes.

Schedule 1 will also remove the requirement in the Broadcasting Services Act 1992 for the film classification scheme to apply to films broadcast on commercial television. The television classification guidelines will apply instead.

Similarly, any breaches of the classification requirements for films broadcast on television by commercial television broadcasting licensees, community television broadcasting licensees and open narrowcasting service providers will no longer be dealt with as breaches of broadcasting licence conditions. Rather, such breaches will be dealt with under the television code of practice.

The National Broadband Network Companies Act 2011 will be amended to allow NBN Co to dispose of surplus non-communications goods. This change will allow NBN Co to sell items like office equipment and vehicles and better manage its assets.

Amendments will be made to the Telecommunications Act 1997 so that ACMA need no longer consult with an advisory committee before declaring a submarine-cable protection zone. It is sufficient that ACMA is required to consult with the secretary of the Department of the Environment and the public in these circumstances.

Schedule 2

Schedule 2 deals with the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017, which introduced the broadcasting spectrum tax arrangement and established a transitional support payment scheme covering financial years 2017-18 to 2021-22. That legislation provides that Network Investments Pty Ltd is entitled to receive a transitional support payment of $632,000 in each of those financial years.

However, one of Network Investments' transmitters was inadvertently excluded in the model used to calculate the payments. Once the existence of that transmitter is included in the modelling, Network Investments is entitled to receive $819,000 per year for five years and an additional $187,000 each year. Schedule 2 of the bill corrects this error, and Network Investments will be no worse off as a result of the transition from a revenue-based broadcasting licence fee to an interim broadcasting-spectrum tax arrangement.

Schedule 3

Schedule 3 of the bill will repeal tariff-filing arrangements applying to the telecommunications industry under the Competition and Consumer Act 2010. Division 4 of part XIB of that act allows the Australian Competition and Consumer Commission, the ACCC, to collect certain tariff information from carriers in 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 impose an unnecessary regulatory burden on industry, and there is already considerable pricing information in the public domain.

Schedule 3 will also provide the ACCC and ACMA with greater flexibility to decide what matters to report on. The ACCC will be empowered to decide which telecommunications charges paid by consumers to monitor and report on, having regard to which goods and services are most commonly used by consumers. ACMA's mandatory reporting requirements relating to the performance of carriers and carriage-service providers would be limited to national interest matters and data retention requirements. The minister will retain the power to direct ACMA to report on specified matters.

The ACCC and ACMA will no longer need to provide these reports or the ACCC's annual report on competitive safeguards within the telecommunications industry to the minister, and the minister will no longer need to table them in parliament prior to wider publication. Instead, the ACCC and ACMA will be required to publish the reports on their respective websites within six months of the end of the financial year. The reports will then be available to the public more widely.

Schedule 3 will also require the ACCC to review any record-keeping rules it creates, directing specified carriers and carriage-service providers to keep or retain certain records to monitor charges paid by consumers. Those reviews will need to take place at least every five years so that the rules remain up to date.

Schedule 4

Schedule 4 of the bill will make minor technical amendments to the Australian Broadcasting Corporation Act 1993, the Special Broadcasting Service Act 1991 and the Broadcasting Services Act 1992 to improve consistency between those acts and remove redundant provisions.

Schedule 5

Schedule 5 of the bill would remove redundant and spent legislation within my portfolio.

Schedule 6

Schedule 6 would allow the minister to appoint an industry-based numbering manager in place of ACMA. The government wants to allow for such an arrangement in the event industry develops a suitable numbering scheme.

It is possible that the telecommunications industry may be able to manage numbering more efficiently and effectively than ACMA. For instance, the industry could introduce new number ranges more quickly, thereby promoting service innovation. Because service providers are directly involved in developing products, they have a greater incentive to fast-track new initiatives and keep down costs.

The minister would only be able to appoint someone to be the numbering scheme manager if he or she is satisfied that the proposed manager will be able to administer numbering in accordance with statutory principles that are designed to protect competition, consumers, national security and public revenue.

Schedule 7 of the bill will remove the requirement in the Broadcasting Services Act 1992 for ACMA to publish a notice in the Commonwealth Gazette when it is determining, varying or revoking a program standard or standard relating to datacasting. Instead the amendments will require ACMA to publish a notice both on its website and in one or more forms that are readily accessible—like in a newspaper or another website. This will help ACMA better reach its target audience.

Schedule 8 of the bill will remove the ability of NBN Co, under the Telecommunications Act 1997, 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.

In conclusion, this bill makes a useful contribution to the government's commitment to ensuring that Australia's broadcasting and telecommunications laws are fit for purpose. The government remains committed to removing unnecessary and outdated legislation in light of changing technology and consumer expectations.

I commend the bill to the House.

Debate adjourned.