Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

Access to high-speed broadband services is critical to Australia’s future economic prosperity and social well-being.

This is why, on 7 April 2009, the Government announced it would establish a company to invest up to $43 billion in partnership with private investors to build a new superfast, fibre optic based National Broadband Network—the NBN.

The Government is committed to roll-out the National Broadband Network as quickly as possible, within an overall eight year timeframe, and has indicated it will consider necessary regulation to facilitate the roll-out.

The Government announced an Implementation Study will examine options for the operating arrangements, detailed network design, and ways to attract private sector investment for roll-out, reporting back to the Government in early 2010.

To support the work of the Implementation Study and then, if appropriate, the roll-out of the network by the NBN company as quickly as possible, accessing information about existing or proposed things that might be used in the network, such as ducts, pits and poles, is important.

For this reason, the Government is introducing the Telecommunications Legislation Amendment (National Broadband Network Measures No. 1) Bill 2009. The Bill will amend the existing information access regime in Part 27A of the Telecommunications Act 1997.

Part 27A of the Act currently provides for specified information to be provided by telecommunications carriers to the Commonwealth, so that this information can be disclosed to companies that made a submission in response to the request for proposal that was issued by the Commonwealth in 2008 for the creation or development of a National Broadband Network. Part 27A is currently limited in its operation. Since it was prepared for the purposes of the Government’s request for proposals for the National Broadband Network, it does not require carriers to provide information to the Commonwealth after 26 May 2009. It also does not deal with the collection of information from entities that own or operate infrastructure that could be relevant to the roll-out of the National Broadband Network but that are not carriers. Furthermore, the provisions of Part 27A that permit the disclosure and use of information are currently limited to purposes associated with the National Broadband Network Request for Proposals process, which has been terminated.

As a result of the Government’s new approach to the National Broadband Network, it is necessary to make changes to Part 27A to permit information that is obtained to be disclosed and used for purposes associated with the Implementation Study for the National Broadband Network. Part 27A also needs to be amended to deal with disclosure of information to, and use of information by, the NBN company and any associated companies, for purposes related to a broadband telecommunications network.

The Bill is intended to address these issues by amending Part 27A of the Act to take account of the Government’s announcements with respect to the National Broadband Network, notably the creation of a National Broadband Network company, and the conduct of an Implementation Study for the National Broadband Network. The Bill:

• amends the provisions in Part 27A that impose the requirement to provide information so that the requirement may apply to utilities as well as to telecommunications carriers;
• amends the provisions of Part 27A that set out the purposes for which information is permitted to be disclosed and used, so that:
• information may be disclosed to and used by Commonwealth officials and advisers for the purposes of the Implementation Study for the National Broadband Network, or for a purpose specified in the regulations that is related to a broadband telecommunications network; and
• information can be disclosed to and used by the NBN company and any other company that is specified by the Minister for purposes related to a broadband telecommunications network; and
• amends the sunset periods applying to certain provisions in Part 27A (as amended) so that information can be obtained, disclosed and used during the period of the roll-out of the National Broadband Network.

There are limitations on the types of information that may be specified by the Minister and that must be provided by carriers and utilities. It must be information about things that could be used for or in connection with the creation or development of a broadband telecommunications network, or the supply of carriage services over this type of network, or a matter ancillary or incidental to those topics. This requirement imposes appropriate restrictions on the type of information that carriers and utilities can be required to provide to the Commonwealth, and reflects the fact that Part 27A deals with information relating to a broadband telecommunications network.

The Bill imposes safeguards and limitations on the permitted purposes for which information may be disclosed and used. These safeguards will apply to all network information provided to the Commonwealth, whether it is provided by carriers and utilities voluntarily, or in response to an instrument made by the Minister to require the information to be provided.

Provisions in Part 27A of the Telecommunications Act permit the Minister to make rules in subordinate legislation about the storage, handling and destruction of information, which are intended to protect the confidentiality and security of network information. These arrangements will continue to apply to information that is provided under the Act as amended, both information that is provided voluntarily or under law.

The Bill will provide for the making of a draft instrument requiring the provision of information to be circulated to relevant carriers and utilities. They will have five business days to make submissions and those submissions will be considered before the final instrument is made. Copies of instruments will be published on the Internet.

Where an instrument applies to a utility, it is intended that a copy of the instrument will be provided to the appropriate Commonwealth portfolio Minister. For example, if an instrument is made that would apply to one or more electricity suppliers, a copy of the instrument would be provided to the Minister for Resources and Energy.

The Bill also includes sunset clauses that will mean the obligation on carriers and utilities to provide information to the Government will cease 10 years following commencement of the Bill. This will ensure sufficient time is provided for the roll-out to be completed and to demonstrate to carriers and utilities there is a time limit on the likely calls for information. The Bill also inserts a time limit on the ability to disclose and use information for purposes relating to the Implementation Study. This reflects the fact that the Implementation Study is due to report early in 2010.

The Bill empowers the Minister for Broadband, Communications and the Digital Economy to impose further conditions on the access to and use of information collected through this process. Those conditions can restrict the use of the information by the NBN company, any other designated company that receives the information, and officers of the Commonwealth.

Carriers and utilities will retain ownership of information provided in accordance with the requirements of Part 27A.

The legislation retains existing penalty provisions for misuse of information. Breach of the non-disclosure prohibition by an entrusted public official remains a criminal offence under section 70 of the Crimes Act 1914 and breach of the provisions by an entrusted company official would be a contravention of a civil penalty provision.

This measure will help with the effective and rapid roll-out of the National Broadband Network for the benefit of the entire Australian community.

The Bill is an important step in the process for building the new high-speed national broadband network that is so important to Australia’s future. While the Government expects carriers and utilities will provide information on a cooperative or commercial basis, the legislation provides a useful safety-net if needed. As such, it will help ensure the roll-out of super-fast broadband to all Australians is not unnecessarily delayed.