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This is a Bill, not an Act. For current law, see the Acts databases.
TELECOMMUNICATIONS AMENDMENT (ENHANCING COMMUNITY CONSULTATION) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Amendment
(Enhancing Community Consultation)
Bill 2011
No. , 2011
(Mr Wilkie)
A Bill for an Act to enhance community
consultation in relation to the development of
certain telecommunications facilities, and for
related purposes
i Telecommunications Amendment (Enhancing Community Consultation) Bill 2011 No.
, 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Telecommunications Act 1997
3
Telecommunications Amendment (Enhancing Community Consultation) Bill 2011 No. ,
2011 1
A Bill for an Act to enhance community
1
consultation in relation to the development of
2
certain telecommunications facilities, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Telecommunications Amendment
7
(Enhancing Community Consultation) Act 2011.
8
2 Commencement
9
This Act commences on the day after this Act receives the Royal
10
Assent.
11
2 Telecommunications Amendment (Enhancing Community Consultation) Bill 2011
No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Telecommunications Amendment (Enhancing Community Consultation) Bill 2011 No. ,
2011 3
Schedule 1--Amendments
1
2
Telecommunications Act 1997
3
1 Clause 1 of Schedule 3 (fourth dot point, paragraph (g))
4
Omit "the owner", substitute "owners".
5
2 Subclause 6(5) of Schedule 3
6
Omit all the words after "subclause (3)".
7
3 Paragraph 6(7)(a) of Schedule 3
8
Omit "5 metres", substitute "1 metre".
9
4 Paragraph 7(8)(a) of Schedule 3
10
Omit "not".
11
5 At the end of subclause 17(1) of Schedule 3
12
Add:
13
; and (c) in relation to an activity under Division 3 or 4--the owner
14
and occupier of any land within 500 metres of the facility or
15
proposed facility concerned.
16
Note:
The heading to clause 17 is altered by omitting "owner" and substituting "owners".
17
6 Subclause 17(4) of Schedule 3
18
Omit "10", substitute "30".
19
7 Subparagraph 27(1)(g)(ii) of Schedule 3
20
Repeal the subparagraph, substitute:
21
(ii) all alternative less sensitive sites are not feasible; and
22
(iii) the proposed location is not within 100 metres of the
23
community sensitive site; and
24
8 After subclause 27(4) of Schedule 3
25
Insert:
26
Schedule 1 Amendments
4 Telecommunications Amendment (Enhancing Community Consultation) Bill 2011
No. , 2011
(4A) For the purposes of subclause (4), the ACMA must not have regard
1
to the revenue, profit, market share or any other financial interest
2
of the carrier.
3
9 After subclause 35(3) of Schedule 3
4
Insert:
5
(3A) Applications may be made to the Administrative Appeals Tribunal
6
for review of a decision of the ACMA under clause 25 to issue a
7
facility installation permit.
8
10 Paragraph 48(2)(a) of Schedule 3
9
Repeal the paragraph.
10
11 At the end of paragraph 48(2)(b) of Schedule 3
11
Add ", other than interests relating to competition between carriers".
12
12 At the end of subclause 48(2) of Schedule 3
13
Add:
14
; (e) the impact of such facilities on members of the public.
15