Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
COMMUNICATIONS LEGISLATION AMENDMENT (DEREGULATION
AND OTHER MEASURES) BILL 2017
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 2017 (Bill) by the Senate
Standing Committee for the Scrutiny of Bills (Committee).
In its Scrutiny Digest No. 5 of 2017 the Committee sought advice from the Minister
regarding:
the proposed removal of requirements in the Competition and Consumer Act
2010 and the Telecommunications Act 1997 for the Minister to table certain
documents in Parliament
the proposed removal of the requirement for the ACCC to, before making any
Procedural Rules, publish a draft on the ACCC's website and to invite people to
make submissions during a period of at least 30 days and consider any
submissions received.
In its Scrutiny Digest No.7 of 2017 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 3 - Monitoring of the telecommunications industry
Competition and Consumer Act 2010
Items 13-16 - Subsections 151CL(1), (2), (5) and (6)
1.1 After the sentence ending:
"The ACCC would instead be required to publish the report on its website as
soon as practicable but no later than 6 months after the end of the financial
year."
Insert new paragraphs:
This requirement would enable market information contained in the report to
be made available to the public, the communications industry and
Parliamentarians in a timelier manner. The report provides an overview of
market developments and industry compliance. The value of the report is
maximised the sooner and more widely it is made available to the public. The
current tabling process means that by the time the report becomes publicly
available, much of the information it contains is dated. For example, the
report for the 2015-16 financial year was tabled and published in February
2017. This delays the public and the Parliament from reviewing the latest
market information. The timely publication of the report would also assist
industry participants that may rely on the reports to gather market
information. Additionally, the ACCC's practice of issuing media releases upon
the release of the report will help alert interested parties.
The requirement would also ensure that report is more readily available
because the ACCC would need to publish the report online. While the ACCC
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typically publishes the report online, it is not currently a legislated
requirement. The proposed amendment would ensure the continued online
availability of the report.
The proposed amendment would also align with the movement towards
publishing online industry information collected by agencies. For example, in
the Communications portfolio, the Broadcasting Services Act 1992 requires
the ACMA to publish on its website a copy of the annual captioning
compliance reports provided by commercial broadcasting licensees,
subscription television licensees and the national broadcasters.
The proposed amendment would have no impact on the requirement for the
ACCC to table its annual report in Parliament.
Items 17 and 18 - Subsections 151CM(1) and (2) to (5)
1.2 After the sentence ending:
"The ACCC would be able to publish the reports required under sections
151CL and 151CM online together, at the same time."
Insert new sentence:
The reason for amendment is the same as that set out in items 13 and 14 of
Schedule 3 above.
Telecommunications Act 1997
Items 19 to 22 - Section 104 and Subsections 105(1) to (4), 105(5A) and (6) to (8)
1.3 After the sentence ending:
" ... compliance with that Part and the costs of compliance with the
requirements of Part 5-1A of the Telecommunications (Interception and
Access) Act 1979 (regarding data retention).
Insert new sentence:
These items also remove the requirement that the ACMA provide the report
prepared under subsection 105(1) to the Minister.
1.4 After the sentence ending:
" ... which contains definitions used only in subsection 105(3) that is proposed
for repeal."
Insert new paragraphs:
These items also remove the requirement for the report to be tabled in
Parliament. Instead the ACMA would be required to publish the report on its
website as soon as practicable but no later than 6 months after the end of the
financial year concerned.
This requirement would enable market information contained in the report to
be made available to the public, the communications industry and
Parliamentarians in a timelier manner. The report provides an overview of the
performance of the telecommunications industry and consumer trends. The
current tabling process means that by the time the report becomes publicly
available, much of the information it contains may be dated and the public and
the Parliament are delayed from reviewing the latest market information. The
3
value of the report is maximised the sooner and more widely it is made
available to the public. The timely publication of the report would also assist
industry participants that may rely on the reports to gather market
information. Additionally, the ACMA's practice of issuing media releases
upon the release of the report will help alert interested parties.
The requirement would also ensure that report is more readily available
because the ACMA would need to publish the report online. While the ACMA
typically publishes the report online, it is not a legislated requirement. The
proposed amendment would ensure the continued online availability of the
report.
The proposed amendment would have no impact on the requirement for the
ACMA to table its annual report in Parliament.
Schedule 5 - Spent and Redundant Legislation
Part 2 - Other amendments
Competition and Consumer Act 2010
Item 2 - Sections 152ELB and 152EOA
2.1 After the sentence ending:
" ... to be satisfied that appropriate and practicable consultation has
been undertaken prior to making a legislative instrument."
Insert new sentence:
Section 17 sets out the standard consultation requirements for all
Commonwealth legislative instruments.
2.2 After the sentence ending:
" ... disallowance regime to facilitate parliamentary scrutiny of
legislative instruments (including the degree of consultation)."
Insert new paragraphs:
The consultation undertaken in relation to any legislative instrument is
required to be set out in the associated explanatory statement and,
accordingly, if Parliament were dissatisfied with the level of
consultation undertaken in a particular case, the relevant instrument
may be disallowed.
The proposed amendment forms part of a broader program of reform
of statutory consultation requirements in the Communications
portfolio. These reforms have been progressed over several years,
including through the Omnibus Repeal Day (Autumn 2014) Act 2014,
which made similar amendments to the Broadcasting Services Act
1992, the Interactive Gambling Act 2001, the Radiocommunications
Act 1992 and the Telecommunications Act 1997. The provisions
proposed to be repealed mandate a variety of inconsistent approaches
with respect to the time and method of consultation. There is no policy
rationale for this inconsistency, which introduces unnecessary
inflexibility and cost without corresponding benefits above those
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supplied by the standard consultation arrangements. The proposed
amendment is intended to contribute to the underlying goal of
simplifying and harmonising the law.
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