Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Link to 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 telecommunications underpins much of today's economic, social, cultural and political activity. The Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Bill 2023 will deliver improved safeguards for Australian consumers when they access broadband and voice services.

The Bill contains five schedules. Schedule 1, the bulk of the Bill, sets out measures to refine and improve the statutory infrastructure provider, or SIP, regime in Part 19 of the Telecommunications Act 1997.

Currently, Part 19 provides the legislative basis for NBN Co, and other telecommunications carriers, to provide access to high-speed broadband networks across Australia.

Most changes focus on minor changes to enhance the operation of the regime, but there are a number of more significant measures.

First, the Bill would will bring private networks in new developments, for example those operating in retirement villages, into the SIP regime for the first time. Bringing these private networks under the regime will mean that consumers living in these new developments will have greater certainty they can access broadband and voice at appropriate standards.

Second, the Bill will provide a mechanism for SIPs to be required to pay compensation to customers where they do not meet a standard or a rule. This will give providers an incentive to lift performance in the event that new standards or rules are implemented.

Third, the Bill will clarify that SIPs' obligations start in an area once buildings have been constructed and someone has moved in. Currently the obligations start once a network has been installed and there can be situations where a SIP is delayed in deploying a network and this means occupants may face delays in being able to access telecommunications.

Fourth, the Bill will clarify the powers of the Telecommunications Industry Ombudsman to resolve complaints about SIP connections. This will provide an additional safeguard for consumers.

Fifth, the Bill provides stricter rules when SIPs exit their service areas, meaning that there is appropriate notice given to NBN Co, as the default SIP, to arrange for continuity of service in an area.

Sixth, the Bill repeals an exemption from the SIP supply obligation, because there was uncertainty in the industry about how this exemption works in practice. The Bill proposes to replace the exemption with a power for the Minister to adjust the SIP supply obligation in the event a SIP is temporarily unable to fulfil the obligation.

This mechanism would be delivered by legislative instrument and the Minister would be able to specify conditions that must be met, such as reporting obligations, to provide transparency to consumers and the regulator.

Schedule 2 to the Bill would provide powers for the Australian Communications and Media Authority, or the ACMA, to issue remedial notices to developers who do not install functional fibre-ready facilities, such as pit and pipe, in developments.

This will further encourage developers to install fit-for-purpose pit and pipe and remediate it if it is deficient.

Schedule 3 to the Bill clarifies the powers of the ACMA to identify carriers and carriage service providers in public reports on their performance. This will improve transparency and accountability. Carriers and carriage service providers will be encouraged to improve their performance, and consumers will have better information when they choose a service provider.

Schedule 4 provides powers for universal service providers to be determined in relation to specific areas of Australia. This provides future flexibility, for example, if Norfolk Island is fully integrated into the Australian telecommunications regulatory framework.

Schedule 5 makes some technical amendments to legislation, including to clarify the powers of the Australian Competition and Consumer Commission to issue infringement notices, and to clarify the maximum penalties that should apply for breaches of carrier separation rules and also the anti-avoidance measures relating to the Regional Broadband Scheme.

Taken together, the measures in the Bill will improve access to broadband and voice services for people in Australia.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

In accordance with standing order 115(3), further consideration of this bill is now adjourned to 14 March 2024.