Linda Reynolds (WA, Liberal Party, Minister for Defence) Share this | Hansard source

by leave—I move government amendments (1) to (5) on sheet QL159:

(1) Schedule 3, item 1, page 99 (lines 23 and 24), omit "made after the commencement of this section".

(2) Schedule 3, item 2, page 100 (lines 6 and 7), omit "made after the commencement of this section".

(3) Schedule 4, item 13, page 142 (lines 29 and 30), omit the definition of designated start date in section 76, substitute:

designated start date means 1 January 2021.

(4) Schedule 4, item 13, page 143 (after line 2), after the definition of exempt premises in section 76, insert:

financial year has a meaning affected by section 78A.

(5) Schedule 4, item 13, page 147 (after line 27), after section 78, insert:

   78A Financial year

     For the purposes of this Part (other than section 85), the 6-month period beginning on the designated start date is taken to be a financial year.

Amendments (1) and (2) fine-tune the operation of statutory infrastructure provider, or SIP, standards and rules and, in particular, how they operate with instruments that may be made by the ACCC. The SIP regime requires SIPs to supply wholesale services and SIP standards or rules that could be made dealing with issues such as time frames for connecting and repairing services and other terms or conditions of supply.

The ACCC may also make instruments that deal with the same matters. In this case SIPs need to know which instrument has primacy. The bill currently provides that SIP standards or rules prevail over ACCC instruments made after the commencement of the section, to the extent of any inconsistency. It is possible that there could, at least in the short term, be a conflict between an SIP standard or rule and an existing ACCC instrument made prior to the commencement. Amendments (1) and (2) clarify that the SIP standards or rules will also prevail in this case, to the extent of any inconsistency.

Amendment (3) provides for the deferral of the commencement of the RBS to 1 January 2021 by replacing the proposed definition of 'designated start date' with the new definition, '1 January 2021'. Amendments (4) and (5) are consequential to amendment (3). If passed in May this financial year, the designated start date would commence on 1 July this year, at a time when the telecommunications carriers are offering hardship relief due to COVID-19. This would provide little time to make arrangements for the commencement of the scheme. The date change recognises the impact of COVID-19 on the telecommunications industry and will provide certainty to carriers and regulators about when their obligations under this scheme commence.