Commonwealth of Australia Explanatory Memoranda

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COMMUNICATIONS LEGISLATION AMENDMENT (DEREGULATION AND OTHER MEASURES) BILL 2019

                                         2019


        THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                                      SENATE


             COMMUNICATIONS LEGISLATION AMENDMENT
           (DEREGULATION AND OTHER MEASURES) BILL 2019


                               ADDENDUM TO THE
                        EXPLANATORY MEMORANDUM




(Circulated by authority of the Minister for Communications, Cyber Safety and the Arts,
                               The Hon Paul Fletcher MP)
This Addendum responds to the suggestions made by the Senate Standing Committee for
the Scrutiny of Bills in Scrutiny Digest No. 9 of 2019, dated 27 November 2019.

NOTES ON CLAUSES

Telecommunications Act 1997
Schedule 6 - Numbering arrangements
On page 31, after the sentence ending:
"The provisions are designed such that the ACMA would remain responsible for the
collection of numbering charges even if a numbering scheme manager was appointed."
Insert new paragraphs:
"The proposed arrangements are consistent with the regulatory policy objective set out in
paragraph 4(a) of the Tel Act, which provides that Parliament intends that
telecommunications be regulated in a manner that promotes the greatest practicable use
of industry self-regulation. The proposed arrangements are consistent with industry-based
regulation of various aspects of the telecommunications sector. The management of
various numbering allocation functions has been managed by industry since 2014.
Decisions made by the numbering scheme manager would be subject to judicial review to
the extent that the decision represented the exercise of a power delegated to it by a public
body or public official, or the exercise by the manager of a public function or public
power, with remedies available in judicial review proceedings."
Item 10 - Before Subdivision A of Division 2 of Part 22
After the sentence ending:
"Apart from this requirement, proposed section 454A is intended to provide the Minister
with discretion in selecting a person as the numbering scheme manager."
Insert a new paragraph:
"Under the proposed measure, the transition to industry-based numbering management
would only take place if a number of safeguards were met. The Minister would only be
able to appoint someone to be the numbering scheme manager if he or she was satisfied
that they would be able to administer the scheme in accordance with the numbering
scheme principles in the Bill. The Minister is not compelled to appoint an industry
manager, and in this sense, the alternative arrangement is voluntary. It is expected that
any proposed numbering scheme would be well-developed before the Minister would
consider appointing a numbering scheme manager."
After the sentence ending:

"Before determining a person to be the numbering scheme manager, the Minister would
be required to consult with the ACMA and the ACCC."

Insert a new paragraph:
"Additionally, the Minister's appointment of a numbering scheme manager would be done
by a legislative instrument. Legislative instruments are subject to Parliamentary scrutiny
through the disallowance process. In addition, the Minister would be able to direct the
numbering scheme manager to amend the rules or change the processes of the numbering
scheme in a manner consistent with the numbering scheme principles. The ACMA and the
ACCC would each have power to direct the scheme manager in relation to the
management of the numbering scheme."
After the sentence ending:
"proposed paragraph 454C(2)(q) empowers the Minister to make a legislative instrument
to determine additional principles."
Insert new paragraphs:
"The proposed complaints handling processes referred to in paragraph 454C(2)(n) would
be developed by the numbering scheme manager on an administrative basis. An overly
prescriptive legislated assessment process could prove impractical and could lead to
increased and unnecessary costs for industry and the Government.
In the event that the numbering scheme manager does not have an effective process in
place for complaints, the Minister, the ACMA and the ACCC could use their respective
powers to direct the numbering scheme manager to remedy the situation. The numbering
scheme manager is obliged to comply with such directions. Similarly, the Minister would
be able to revoke the appointment of the numbering scheme manager, if the Minister is not
satisfied that the numbering scheme manager is managing the scheme in accordance with
the numbering scheme principles."