Commonwealth of Australia Explanatory Memoranda

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COMMUNICATIONS LEGISLATION AMENDMENT (DEREGULATION AND OTHER MEASURES) BILL 2015

                        2013-2014-2015-2016


   THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                            THE SENATE




COMMUNICATIONS LEGISLATION AMENDMENT (DEREGULATION
           AND OTHER MEASURES) BILL 2015




                        ADDENDUM TO THE

                 EXPLANATORY MEMORANDUM




      (Circulated by authority of the Minister for Communications,
                 Senator the Honourable Mitch Fifield)


BACKGROUND TO THE ADDENDUM This addendum responds to consideration of the Communications Legislation Amendment (Deregulation and Other Measures) Bill 2015 (Bill) by the Senate Standing Committee for the Scrutiny of Bills (Committee). In its Alert Digest No. 1 of 2016 the Committee sought advice from the Minister regarding:  the proposed repeal of section 152ELB of the Competition and Consumer Act 2010 by Item 2 of Schedule 5 to the Bill; and  the adequacy of review rights in relation to the administration of the numbering scheme by an numbering scheme manager (if one is appointed in accordance with amendments to the Telecommunications Act 1997 proposed by Schedule 6 to the Bill). In its Second Report of 2016, the Committee requested that the information provided by the Minister in response to its request be included in the explanatory memorandum to the Bill. NOTES ON CLAUSES Schedule 5 - Spent and Redundant Legislation Part 2 - Other amendments Competition and Consumer Act 2010 Item 2 - Sections 152ELB and 152EOA 1.1 After the sentence ending: " ... which require a rule maker, subject to certain exceptions, to be satisfied that appropriate and practicable consultation has been undertaken prior to making a legislative instrument." Insert new paragraphs: The provisions proposed for repeal by the Bill, mandate a variety of inconsistent approaches with respect to the time and method of consultation. This inconsistency introduces unnecessary inflexibility, and cost, without corresponding benefits above those supplied by the standard consultation arrangements in the Legislative Instruments Act 2003 (the LIA). Part 3 of the LI Act does not purport to prescribe in detail exactly how consultation should occur, it simply requires a rule-maker to be satisfied that all appropriate and reasonably practicable consultation has been undertaken. This means that targeted consultation can be undertaken, with flexibility to ensure that the consultation meets the needs of stakeholders and also minimises unnecessary costs to the Government and stakeholders. 2


Part 5 of the LIA sets out a tabling and disallowance regime to facilitate parliamentary scrutiny of legislative instruments (including consultation). Schedule 6 - Numbering Arrangements Part 1 - Amendments Telecommunications Act 1997 Item 10 - Before Subdivision A of Division 2 of Part 22 2.1 After the sentence ending: " ... which cover a range of matters with respect to ensuring fair and transparent access to numbers, protecting the interests of users of carriage services, supporting the use of emergency call services, meeting the requirements of law enforcement and national security agencies and other issues." Insert line break and new paragraph: "Proposed new paragraph 454C(2)(n) would require the numbering scheme manager to ensure effective complaints processes are available to both the telecommunications industry and users of carriage services. This principle will ensure that avenues are in place through which industry and consumers can have their complaints about actions which may affect their rights and obligations heard and addressed." 2.2 After the paragraph ending: "The Minister would also be empowered under paragraph 454C(2)(q) to make a legislative instrument determining additional principles." Insert new paragraph: "Furthermore, the numbering scheme principles require the numbering scheme manager to adhere to the rules and processes of the numbering scheme (proposed new paragraph 454C(2)(l))." 2.3 After the sentence: "Proposed new section 454D would cover revocation of the determination of a person as the numbering scheme manager in the circumstances set out in proposed subsection 454D(1)." Insert new sentence: "This could be used, for example, where the Minister is not satisfied the numbering scheme manager is managing the numbering scheme in accordance with the numbering scheme principles (e.g. by not making effective complaints processes available)." 2.4 After the sentence: "The ACMA or the ACCC may, by legislative instrument, direct the numbering scheme manager to do, or refrain from doing, a specified act or thing in relation to the management of the numbering scheme." 3


Insert: "For example, a direction could be given in the event the numbering scheme manager did not adhere to the rules and processes of the numbering scheme (including complaints-handling processes)," 4


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