Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

by leave—I move government amendments (2) to (16) on sheet BR280.

(2)   Clause 10, page 15 (after line 17), after subclause (1), insert:

     (1A)    Paragraph (1)(a) does not apply to a carriage service supplied to Airservices Australia unless the carriage service is supplied on the basis that Airservices Australia must not re-supply the carriage service.

(3)    Clause 10, page 15 (after line 28), after subclause (2), insert:

     (2A)    Paragraph (2)(a) does not apply to a carriage service supplied to a State or Territory transport authority unless the carriage service is supplied on the basis that the State or Territory transport authority must not re-supply the carriage service.

(4)    Clause 10, page 16 (after line 5), at the end of the clause, add:

        (4)    Paragraph (3)(a) does not apply to a carriage service supplied to a rail corporation unless the carriage service is supplied on the basis that the rail corporation must not re-supply the carriage service.

(5)    Clause 11, page 16 (line 7), before “Section”, insert “(1)”.

(6)    Clause 11, page 16 (after line 15), at the end of the clause, add:

        (2)    Paragraph (1)(a) does not apply to a carriage service supplied to an electricity supply body unless the carriage service is supplied on the basis that the electricity supply body must not re-supply the carriage service.

(7)    Clause 12, page 16 (line 17), before “Section”, insert “(1)”.

(8)    Clause 12, page 16 (after line 26), at the end of the clause, add:

        (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a gas supply body unless the carriage service is supplied on the basis that the gas supply body must not re-supply the carriage service.

(9)    Clause 13, page 16 (line 28), before “Section”, insert “(1)”.

(10)  Clause 13, page 17 (after line 4), at the end of the clause, add:

        (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a water supply body unless the carriage service is supplied on the basis that the water supply body must not re-supply the carriage service.

(11)  Clause 14, page 17 (line 6), before “Section”, insert “(1)”.

(12)  Clause 14, page 17 (after line 13), at the end of the clause, add:

        (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a sewerage services body unless the carriage service is supplied on the basis that the sewerage services body must not re-supply the carriage service.

(13)  Clause 15, page 17 (line 15), before “Section”, insert “(1)”.

(14)  Clause 15, page 17 (after line 24), at the end of the clause, add:

        (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a storm water drainage services body unless the carriage service is supplied on the basis that the storm water drainage services body must not re-supply the carriage service.

(15)  Clause 16, page 17 (line 26), before “Section”, insert “(1)”.

(16)  Clause 16, page 17 (after line 32), at the end of the clause, add:

        (2)    Paragraph (1)(a) does not apply to a carriage service supplied to a State or Territory road authority unless the carriage service is supplied on the basis that the State or Territory road authority must not re-supply the carriage service.

I table two supplementary explanatory memoranda relating to the government amendments to be moved to the National Broadband Network Companies Bill 2010 and the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Bill 201. The memoranda were circulated in the chamber on 23 March 2011.

While the companies bill as drafted makes it clear that services supplied by an NBN corporation to a utility must be for the sole use of the entity concerned and for the purposes of their own particular lines of business, these amendments are being made to reinforce these restrictions given concerns expressed by industry. Clause 9 of the companies bill provides the general rule that an NBN corporation must not supply an eligible service to another person unless the other person is a carrier or a carrier service provider. Clauses 10 to 16 of the bill set out exemptions to the general rule with each of those exemptions relating to the provision of eligible services to the specified utilities. Amendments (2) to (4), (6), (8), (10), (12), (14) and (16) make it clear that the exemption does not apply unless the services are supplied on the basis that the utility must not resupply the service. Amendments (5), (7), (9), (11), (13) and (15) are minor consequential technical amendments. Concerns have been expressed that utilities could use wholesale services sourced from NBN Co. to offer retail services to the public. While this is clearly not the case, given the concerns that have been expressed and to put the matter beyond any doubt, these amendments make it clear that the services cannot be resupplied and are solely for internal use.