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2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Telecommunications Amendment (Guaranteeing Mobile Phone Service in Bushfire
Zones) Bill 2017
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
the Member for Mayo, Ms Rebekha Sharkie MP
Telecommunications Amendment (Guaranteeing Mobile Phone Service in Bushfire
Zones) Bill 2017
OUTLINE
The Bill seeks to requires carriers to provide 24 hour standby power capability for mobile phone
towers that they operate in high-risk bushfire communities.
High risk bushfire communities are to be determined by the Government agency, Emergency
Management Australia, with regard to State and Territory-based mapping of bushfire risk areas.
ACMA (Australian Communications and Media Authority) would be responsible for determining the
detail of the regulations that enforce these provisions.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
Clause 1 provides for the Bill, once enacted, to be cited as the Telecommunications Amendment
(Guaranteeing Mobile Phone Service in Bushfire Zones) Act 2017.
Clause 2: Commencement
Clause 2 provides for the Act to commence the day it receives Royal Assent.
Note that under Schedule 1 - Amendments, the determination of industry standards relating to
mobile base stations in high risk areas is to be as "soon as practicable" after the commencement of
Section 125C of the Act.
Clause 3: Schedules
Clause 3 provides that legislation specified in a Schedule is amended or repealed as set out in that
Schedule.
Schedule 1 - Amendments
ITEMS 1 THROUGH 3 APPLY TO THE TELECOMMUNICATIONS ACT 1997
Item 1
Item 1 ensures that in exercising its powers under new Section 125C, ACMA will act in a manner
that enables public interest considerations to be addressed in a way that does not impose undue
financial and administrative burdens on participants in the relevant sections of the
telecommunications and associated industries.
Item 2
Item 2 inserts, as an example of a matter that industry codes and standards may deal with, actions
that ensure mobile base stations in high bushfire risk communities have at least 24 hours of
standby power capability.
Item 3
Item 3 allows for the Australian Communications and Media Authority (ACMA) to determine, as
soon as practicable after the commencement of the Act, and by legislative instrument, a standard
that requires telecommunications carriers who own or operate critical mobile base stations (i.e.,
mobile telephone towers) to maintain at least 24 hours of standby power capability at all times.
ACMA must undertake consultation with relevant and representative telecommunications
associations or bodies before determining such standards.
A critical mobile base station is a mobile base station (i.e. mobile telephone tower) in a high
bushfire risk community, as determined by Emergency Management Australia in the Attorney-
General's Department.
In determining whether a community is a high risk bushfire community, Emergency Management
Australia must have regard to existing State and Territory planning laws that are relevant to
bushfire risk. The practical effect of this provision (subsection 5) is to allow for existing work on
bushfire risk mapping and management that has been undertaken by States and Territories to
inform the approach of Emergency Management Australia.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Telecommunications Amendment (Guaranteeing Mobile Phone Service in Bushfire
Zones) Bill 2017
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The Bill seeks to requires carriers to provide 24 hour standby power capability for mobile phone
towers that they operate in high-risk bushfire communities.
High risk bushfire communities are to be determined by the Government agency, Emergency
Management Australia, with regard to State and Territory-based mapping of bushfire risk areas.
ACMA (Australian Communications and Media Authority) would be responsible for determining the
detail of the regulations that enforce these provisions.
Human rights implications
This Bill predominantly seeks to enhance the rights to life and security of person, as per
Article 3 of The Universal Declaration of Human Rights. Australia is a party to the
Declaration.
Conclusion
This bill is compatible with human rights as it does not raise any human rights issues
beyond those indicated above.
Ms Rebekha Sharkie MP