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.



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              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),"




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