Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

TELECOMMUNICATIONS LEGISLATION AMENDMENT (FIBRE DEPLOYMENT) BILL 2010

2008-2009-2010

               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

                          HOUSE OF REPRESENTATIVES

                       TELECOMMUNICATIONS LEGISLATION
                   AMENDMENT (FIBRE DEPLOYMENT) BILL 2010

                    SUPPLEMENTARY EXPLANATORY MEMORANDUM

             Amendments to be moved on behalf of the Government

The amendment changes the commencement dates for the operative parts of the
Telecommunications Legislation Amendment (Fibre Deployment) Bill 2010.

These amendments are being made to accommodate the possibility that passage
of the Bill may not be secured prior to 1 July 2010.  If this is the case,
the proposed 1 July 2010 commencement date is not workable.  The new
commencement date will also provide stakeholders with further time to
prepare for the implementation of the requirements of the Bill and related
subordinate legislation.  The amendment was flagged by the Minister for
Broadband, Communications and the Digital Economy in the Budget Estimates
Hearings of the Senate Environment, Communications and the Arts Legislation
Committee on 25 May 2010.

Amendment (1)

Amendment (1) proposes that Clause 2 (table items 2 and 3) be amended to
change the commencements dates for Schedule 1, Parts 1 and 2.

Schedule 1, Part 1 would commence on a single day to be fixed by
Proclamation and the proclamation cannot specify a day that occurs
before 1 January 2011.  This is consistent with the Minister's
announcement on 25 May 2010 of a 1 January 2011 commencement date.

Schedule 1, Part 2 would also commence on a single day to be fixed by
Proclamation and the proclamation must not specify a day that occurs before
1 January 2011.  However, if Part 8 of Schedule 1 to the Telecommunications
Legislation Amendment (Competition and Consumer Safeguards) Act 2010
commences on or before that day, the provisions in that Part 2 would not
commence at all.

Commencement by proclamation will provide useful flexibility given the need
for stakeholders to be properly prepared for commencement of the
legislation.  When requirements take practical effect on the ground will
also be depend on subordinate legislation required under the proposed
legislative framework.

If no proclamation is made within the period of 6 months beginning on 1
January 2011, the provisions would commence on the day after the end of
that period, being 1 July 2011.  This provides a definitive end date for
the commencement of the legislation.

It is intended that proclamation(s) will be made in advance of 1 January
2011, as will the legislative instruments required to give effect to the
Bill. This should provide stakeholders with sufficient advance notice of
the requirements relevant to them.

   (Circulated by authority of the Minister for Broadband, Communications
       and the Digital Economy, Senator the Honourable Stephen Conroy)