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

I move the government amendment on sheet QL146:

(1) Clause 3, page 4 (lines 1 and 2), omit the definition of fixed wireless broadband service, substitute:

fixed wireless broadband service has the same meaning as in Part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Parliamentary Counsel

Telecommunications (Regional Broadband Scheme) Charge Bill 2019

QL146

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (1)

The effect of this amendment is to amend the Telecommunications (Regional Broadband Scheme) Charge Bill 2019, which is a proposed law imposing taxation. The amendment is covered by section 53 because that section provides that the Senate may not amend proposed laws imposing taxation.

Telecommunications (Regional Broadband Scheme) Charge Bill 2019

SHEET QL146

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (1)

As this is a bill imposing taxation within the meaning of section 53 of the Constitution, any Senate amendments to the bill must be moved as requests. This is in accordance with the precedents of the Senate.

This amendment makes a technical correct to the definition of 'fixed wireless broadband service'. The charge bill incorrectly defines fixed wireless broadband service as having the same meaning as in the Telecommunications Act 1997, where it is not defined. The amendment corrects this definition and provides that such a term has the same meaning as in part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999. This amendment does not change the policy intent or operation of the Regional Broadband Scheme.