House of Representatives

Extract of Explanatory Memorandum

(Circulated by authority of the Minister for Communications, Cyber Safety and the Arts, the Honourable Paul Fletcher MP)

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

TELECOMMUNICATIONS LEGISLATION AMENDMENT (COMPETITION AND CONSUMER) BILL 2019

The Telecommunications Legislation Amendment (Competition and Consumer) Bill (the 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 comprises four main measures:

1.

amendments to the superfast network rules in Parts 7 and 8 of the Telecommunications Act 1997 (Tel Act) to make the default structural separation requirement clearer and more effective as a baseline for industry and create new commercial and competitive opportunities (Schedules 1 and 2 to the Bill);

2.

introduction of a statutory infrastructure provider regime (Schedule 3 to the Bill);

3.

implementation of administration arrangements for the Regional Broadband Scheme, which will fund the net costs of NBN Co Limited's (NBN Co) fixed wireless and satellite networks (Schedule 4 to the Bill); and

4.

amendments to the National Broadband Network Companies Act 2011 (NBN Companies Act) to include a transparency measure on provision of rollout data for publication on the National Map.

Amendments to the superfast network rules

The Bill proposes to repeal Part 7 of the Tel Act and amend Part 8 so that the current wholesale-only obligations in section 143 of the Tel Act will now apply to fixed-line networks that came into existence between 1 January 2011 and the designated commencement date (being the day, which is three months after the Bills, once passed by Parliament, receive the Royal Assent), or to networks that existed before 1 January 2011 and were extended, altered or upgraded between 1 January 2011 and the designated commencement date. New structural separation rules would apply to local access lines that come into existence, or are altered or upgraded, after the designated commencement date. Network providers will be able to operate on a functionally separated basis where approved by the Australian Competition and Consumer Commission (ACCC). Non-discrimination requirements will apply to both structurally separated and functionally separated networks.

Human rights implications

No human rights issues were raised during consultation.

This Bill does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.