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This is a Bill, not an Act. For current law, see the Acts databases.

TELECOMMUNICATIONS LEGISLATION AMENDMENT (NATIONAL BROADBAND NETWORK MEASURES-NETWORK INFORMATION) BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Legislation
Amendment (National Broadband
Network Measures--Network
Information) Bill 2009
No. , 2009
(Broadband, Communications and the Digital Economy)
A Bill for an Act to amend legislation relating to
telecommunications, and for related purposes
i Telecommunications Legislation Amendment (National Broadband Network Measures--
Network Information) Bill 2009 No. , 2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Telecommunications Act 1997
3
Telecommunications Legislation Amendment (National Broadband Network Measures--Network
Information) Bill 2009 No. , 2009 1
A Bill for an Act to amend legislation relating to
1
telecommunications, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Telecommunications Legislation
5
Amendment (National Broadband Network Measures--Network
6
Information) Act 2009.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Telecommunications Legislation Amendment (National Broadband Network Measures--
Network Information) Bill 2009 No. , 2009
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Telecommunications Legislation Amendment (National Broadband Network Measures--Network
Information) Bill 2009 No. , 2009 3
Schedule 1--Amendments
1
2
Telecommunications Act 1997
3
1 Section 7
4
Insert:
5
broadband telecommunications network means a
6
telecommunications network that is capable of carrying
7
communications on a broadband basis.
8
2 Section 7 (after paragraph (h) of the definition of civil
9
penalty provision)
10
Insert:
11
(haa) subsection 531F(2); or
12
(hab) subsection 531F(3); or
13
3 Section 7
14
Insert:
15
designated broadband company has the meaning given by
16
section 531BA.
17
4 Section 7 (definition of designated request for proposal
18
notice)
19
Repeal the definition.
20
5 Section 7
21
Insert:
22
NBN Company means NBN Co Limited (A.C.N. 136 533 741), as
23
the company exists from time to time (even if its name is later
24
changed).
25
6 Section 7 (definition of protected carrier information)
26
Repeal the definition.
27
7 Section 7
28
Insert:
29
Schedule 1 Amendments
4 Telecommunications Legislation Amendment (National Broadband Network Measures--
Network Information) Bill 2009 No. , 2009
protected network information has the meaning given by
1
section 531B.
2
8 Section 7
3
Insert:
4
utility has the meaning given by section 531B.
5
9 Section 531A
6
Repeal the section, substitute:
7
531A Simplified outline
8
The following is a simplified outline of this Part:
9
·
A carrier or utility must give information (protected network
10
information) to an authorised information officer.
11
·
Protected network information must not be disclosed or used
12
except as permitted by this Part.
13
·
Protected network information may be disclosed to a Minister
14
or other public official for the purposes of the Implementation
15
Study for the National Broadband Network.
16
·
Protected network information may be disclosed to an officer
17
of:
18
(a)
the NBN Company; or
19
(b)
a designated broadband company.
20
10 Section 531B (subparagraph (c)(ii) of the definition of
21
authorised information officer)
22
Omit "National Broadband Network Task Force", substitute
23
"Implementation Study for the National Broadband Network".
24
11 Subsection 531B (paragraph (v) of the definition of
25
entrusted company officer)
26
Omit "the company.", substitute "the company; or".
27
Amendments Schedule 1
Telecommunications Legislation Amendment (National Broadband Network Measures--Network
Information) Bill 2009 No. , 2009 5
12 Section 531B (after paragraph (v) of the definition of
1
entrusted company officer)
2
Insert:
3
(w) if the company is:
4
(i) the NBN company; or
5
(ii) a designated broadband company;
6
an employee or director of a body corporate that:
7
(iii) has entered into a contract with the company; and
8
(iv) under the contract, has sold, or is to sell, to the company
9
anything that will, after the sale, become, or become
10
part of, a facility in relation to a broadband
11
telecommunications network of the company.
12
13 Section 531B (definition of matter preparatory to the
13
publication of a designated request for proposal notice)
14
Repeal the definition.
15
14 Section 531B (definition of protected carrier information)
16
Repeal the definition.
17
15 Section 531B
18
Insert:
19
protected network information means:
20
(a) any information that was given by a carrier or utility to an
21
authorised information officer during the period:
22
(i) beginning on 7 April 2009; and
23
(ii) ending immediately before the commencement of this
24
definition;
25
where, after the information was given, an authorised
26
information officer gave the carrier or utility a written
27
undertaking, on behalf of the Commonwealth, that:
28
(iii) after the commencement of this definition, the
29
information would be treated as protected network
30
information for the purposes of this definition; and
31
(iv) the information would not be disclosed by an authorised
32
information officer before the commencement of this
33
definition; or
34
Schedule 1 Amendments
6 Telecommunications Legislation Amendment (National Broadband Network Measures--
Network Information) Bill 2009 No. , 2009
(b) any information that was given by a carrier or utility to an
1
authorised information officer during the period:
2
(i) beginning at the commencement of this definition; and
3
(ii) ending 10 years after the commencement of this
4
definition;
5
where, after the information was given, an authorised
6
information officer gave the carrier or utility a written
7
undertaking, on behalf of the Commonwealth, that the
8
information would be treated as protected network
9
information for the purposes of this definition; or
10
(c) any information that was given to an authorised information
11
officer under section 531F after the commencement of this
12
definition; or
13
(d) any information that was disclosed after the commencement
14
of this definition under paragraph 531G(2)(a), (b), (f) or (g),
15
subsection 531H(1) or paragraph 531K(2)(a); or
16
(e) any information that, immediately before the commencement
17
of this definition, was protected carrier information within
18
the meaning of this Part as in force immediately before that
19
commencement.
20
16 Section 531B
21
Insert:
22
utility means:
23
(a) a person who provides to the public:
24
(i) reticulated products or services, such as electricity, gas,
25
water, sewerage or drainage; or
26
(ii) carriage services (other than carriage services supplied
27
by a carriage service provider); or
28
(iii) transport services; or
29
(iv) a product or service of a kind that is similar to a product
30
or service covered by subparagraph (i), (ii) or (iii); or
31
(b) a person who owns any structure or thing used, or for use, in
32
or in connection with the provision to the public of a product
33
or service covered by subparagraph (a)(i), (ii), (iii) or (iv).
34
17 After section 531B
35
Insert:
36
Amendments Schedule 1
Telecommunications Legislation Amendment (National Broadband Network Measures--Network
Information) Bill 2009 No. , 2009 7
531BA Designated broadband company
1
(1) The Minister may, by legislative instrument, determine that a
2
specified company is a designated broadband company for the
3
purposes of this Act.
4
(2) A company must not be specified in an instrument made under
5
subsection (1) unless, at the time the instrument is made, any or all
6
of the shares in the company are beneficially owned by:
7
(a) the Commonwealth; or
8
(b) the NBN Company; or
9
(c) a company any or all of the shares in which are beneficially
10
owned by:
11
(i) the Commonwealth; or
12
(ii) the NBN Company.
13
(3) For the purposes of this section, if a share in a company is held by
14
the Future Fund Board of Guardians, the share is taken not to be
15
beneficially owned by the Commonwealth.
16
18 Paragraphs 531C(1)(a), (b), (c) and (d)
17
After "carrier", insert "or utility".
18
19 After subsection 531C(1)
19
Insert:
20
(1A) Information specified under paragraph (1)(a) must be information
21
about one or more existing or proposed things that could be used
22
for, or in connection with:
23
(a) the creation or development of a broadband
24
telecommunications network; or
25
(b) the supply of a carriage service using a broadband
26
telecommunications network; or
27
(c) a matter incidental or ancillary to a matter set out in
28
paragraph (a) or (b).
29
(1B) For the purposes of subsection (1A), an existing or proposed
30
facility is taken to be an existing or proposed thing, as the case
31
requires, that could be used for, or in connection with, a matter set
32
out in paragraph (a), (b) or (c) of that subsection.
33
Schedule 1 Amendments
8 Telecommunications Legislation Amendment (National Broadband Network Measures--
Network Information) Bill 2009 No. , 2009
20 Subsection 531C(3)
1
Repeal the subsection.
2
21 Subsection 531C(4)
3
After "carrier" (wherever occurring), insert "or utility".
4
22 Subparagraph 531C(4)(a)(ii)
5
Omit "3", substitute "5".
6
23 Paragraph 531C(4)(b)
7
Omit "3", substitute "5".
8
24 Sections 531D and 531E
9
Repeal the sections.
10
25 Division 2 of Part 27A
11
Repeal the Division, substitute:
12
Division 2--Carriers and utilities must give information to
13
an authorised information officer
14
531F Carriers and utilities must give information to an authorised
15
information officer
16
Scope
17
(1) This section applies to a carrier or utility if:
18
(a) an instrument under subsection 531C(1) comes into force
19
after the commencement of this subsection; and
20
(b) the effect, or any of the effects, of the instrument is that
21
particular information is designated information for the
22
purposes of the application of this Act to the carrier or utility.
23
Note: For
utility, see section 531B.
24
Requirement
25
(2) The carrier or utility must give the information to an authorised
26
information officer, in the approved manner and the approved
27
Amendments Schedule 1
Telecommunications Legislation Amendment (National Broadband Network Measures--Network
Information) Bill 2009 No. , 2009 9
form, within the approved period after the instrument came into
1
force.
2
Note 1:
For approved manner, approved form and approved period, see
3
subsection 531C(1).
4
Note 2:
Information given to an authorised information officer under this
5
section is protected network information--see the definition of
6
protected network information in section 531B.
7
(3) A person must not:
8
(a) aid, abet, counsel or procure a contravention of
9
subsection (2); or
10
(b) induce, whether by threats or promises or otherwise, a
11
contravention of subsection (2); or
12
(c) be in any way, directly or indirectly, knowingly concerned in,
13
or party to, a contravention of subsection (2); or
14
(d) conspire with others to effect a contravention of
15
subsection (2).
16
(4) Subsections (2) and (3) are civil penalty provisions.
17
Note:
Part 31 provides for pecuniary penalties for breaches of civil penalty
18
provisions.
19
Sunset
20
(5) Subsections (1) to (4) cease to have effect at the end of the period
21
of 10 years beginning on the day on which this subsection
22
commenced.
23
26 Subsection 531G(1)
24
Omit "protected carrier information", substitute "protected network
25
information".
26
27 Paragraphs 531G(2)(a), (b), (c), (d) and (e)
27
Repeal the paragraphs, substitute:
28
(a)
both:
29
(i) the information is disclosed to another entrusted public
30
official for the purposes of the Implementation Study
31
for the National Broadband Network; and
32
(ii) if a determination is in force under subsection (2A)--
33
the conditions set out in the determination are met;
34
Schedule 1 Amendments
10 Telecommunications Legislation Amendment (National Broadband Network
Measures--Network Information) Bill 2009 No. , 2009
(b) the information is disclosed to another entrusted public
1
official for a purpose specified in the regulations, so long as
2
the purpose relates to:
3
(i) the creation or development of a broadband
4
telecommunications network; or
5
(ii) the supply of a carriage service using a broadband
6
telecommunications network; or
7
(iii) a matter incidental or ancillary to a matter set out in
8
subparagraph (i) or (ii);
9
28 Paragraph 531G(2)(i)
10
After "carrier", insert "or utility".
11
29 Paragraph 531G(2)(j)
12
After "carrier" (wherever occurring), insert "or utility".
13
30 After subsection 531G(2)
14
Insert:
15
(2A) The Minister may, by legislative instrument, make a determination
16
setting out conditions for the purposes of subparagraph (2)(a)(ii).
17
(2B) Paragraph (2)(a) ceases to have effect at the end of:
18
(a) 30 June 2010; or
19
(b)
if:
20
(i) a later day is specified in a legislative instrument made
21
by the Minister; and
22
(ii) the legislative instrument is made before 30 June 2010;
23
that later day.
24
(2C) Paragraph (2)(b) ceases to have effect at the end of the period of 10
25
years beginning on the day on which this subsection commenced.
26
31 Subsection 531G(3)
27
Repeal the subsection.
28
32 Paragraphs 531G(3A)(a), (b), (c), (d) and (e)
29
Repeal the paragraphs, substitute:
30
(a)
both:
31
Amendments Schedule 1
Telecommunications Legislation Amendment (National Broadband Network Measures--Network
Information) Bill 2009 No. , 2009 11
(i) the information is used for the purposes of the
1
Implementation Study for the National Broadband
2
Network; and
3
(ii) if a determination is in force under subsection (3AA)--
4
the conditions set out in the determination are met;
5
(b) the information is used for a purpose specified in the
6
regulations, so long as the purpose relates to:
7
(i) the creation or development of a broadband
8
telecommunications network; or
9
(ii) the supply of a carriage service using a broadband
10
telecommunications network; or
11
(iii) a matter incidental or ancillary to a matter set out in
12
subparagraph (i) or (ii);
13
33 Paragraph 531G(3A)(h)
14
After "carrier", insert "or utility".
15
34 Paragraph 531G(3A)(i)
16
After "carrier" (wherever occurring), insert "or utility".
17
35 After subsection 531G(3A)
18
Insert:
19
(3AA) The Minister may, by legislative instrument, make a determination
20
setting out conditions for the purposes of subparagraph (3A)(a)(ii).
21
(3AB) Paragraph (3A)(a) ceases to have effect at the end of:
22
(a) 30 June 2010; or
23
(b)
if:
24
(i) a later day is specified in a legislative instrument made
25
by the Minister; and
26
(ii) the legislative instrument is made before 30 June 2010;
27
that later day.
28
(3AC) Paragraph (3A)(b) ceases to have effect at the end of the period of
29
10 years beginning on the day on which this subsection
30
commenced.
31
36 Subsection 531G(3B)
32
Repeal the subsection.
33
Schedule 1 Amendments
12 Telecommunications Legislation Amendment (National Broadband Network
Measures--Network Information) Bill 2009 No. , 2009
37 Subsections 531G(4) and (4A)
1
After "carrier", insert "or utility".
2
38 Subsection 531G(5)
3
Omit "protected carrier information", substitute "protected network
4
information".
5
39 Section 531H
6
Repeal the section, substitute:
7
531H Disclosure of protected network information to the NBN
8
Company or a designated broadband company
9
(1) An authorised information officer may disclose protected network
10
information to an entrusted company officer of:
11
(a) the NBN Company; or
12
(b) a designated broadband company;
13
for the purposes of:
14
(c) the creation or development of a broadband
15
telecommunications network of:
16
(i) if paragraph (a) applies--the NBN Company; or
17
(ii) if paragraph (b) applies--the designated broadband
18
company; or
19
(d) the supply of a carriage service using a broadband
20
telecommunications network of:
21
(i) if paragraph (a) applies--the NBN Company; or
22
(ii) if paragraph (b) applies--the designated broadband
23
company; or
24
(e) a matter incidental or ancillary to a matter set out in
25
paragraph (c) or (d);
26
so long as:
27
(f) the disclosure complies with any applicable restricted
28
recipients rules; and
29
(g) if a determination is in force under subsection (3)--the
30
conditions satisfied in the determination are met.
31
(2) An authorised information officer is not required to give a carrier
32
or utility an opportunity to be heard in relation to a decision to
33
disclose information under subsection (1).
34
Amendments Schedule 1
Telecommunications Legislation Amendment (National Broadband Network Measures--Network
Information) Bill 2009 No. , 2009 13
(3) The Minister may, by legislative instrument, make a determination
1
setting out conditions for the purposes of paragraph (1)(g).
2
Sunset
3
(4) Subsections (1), (2) and (3) cease to have effect at the end of the
4
period of 10 years beginning on the day on which this subsection
5
commenced.
6
40 Subsection 531K(1)
7
Omit "protected carrier information", substitute "protected network
8
information".
9
41 Paragraphs 531K(2)(a) and (b)
10
Repeal the paragraphs, substitute:
11
(a) the disclosure is to another entrusted company officer of the
12
company for the purposes of:
13
(i) the creation or development of a broadband
14
telecommunications network of the company; or
15
(ii) the supply of a carriage service using a broadband
16
telecommunications network of the company; or
17
(iii) a matter incidental or ancillary to a matter set out in
18
subparagraph (i) or (ii);
19
so long as:
20
(iv) the disclosure complies with any applicable restricted
21
recipients rules; and
22
(v) if a determination is in force under subsection (2AA)--
23
the conditions set out in the determination are met;
24
42 Paragraph 531K(2)(c)
25
After "carrier", insert "or utility".
26
43 Paragraph 531K(2)(d)
27
After "carrier" (wherever occurring), insert "or utility".
28
44 After subsection 531K(2)
29
Insert:
30
(2AA) The Minister may, by legislative instrument, make a determination
31
setting out conditions for the purposes of subparagraph (2)(a)(v).
32
Schedule 1 Amendments
14 Telecommunications Legislation Amendment (National Broadband Network
Measures--Network Information) Bill 2009 No. , 2009
45 Paragraph 531K(2A)(a)
1
Repeal the paragraph, substitute:
2
(a) the information is used for the purposes of:
3
(i) the creation or development of a broadband
4
telecommunications network of the company; or
5
(ii) the supply of a carriage service using a broadband
6
telecommunications network of the company; or
7
(iii) a matter incidental or ancillary to a matter set out in
8
subparagraph (i) or (ii);
9
so long as the use complies with such conditions (if any) as
10
are specified in a determination made under subsection (2B);
11
46 Paragraph 531K(2A)(b)
12
After "carrier", insert "or utility".
13
47 Paragraph 531K(2A)(c)
14
After "carrier" (wherever occurring), insert "or utility".
15
48 After subsection 531K(2A)
16
Insert:
17
(2B) The Minister may, by legislative instrument, make a determination
18
setting out conditions for the purposes of paragraph (2A)(a).
19
49 Paragraph 531L(1)(a)
20
Omit "protected carrier information", substitute "protected network
21
information".
22
Note:
The heading to section 531L is altered by inserting "or utility" after "carrier".
23
50 Subsection 531L(1)
24
After "carrier" (second, third, fourth and fifth occurring), insert "or
25
utility".
26
51 Paragraph 531L(3)(a)
27
Omit "protected carrier information", substitute "protected network
28
information".
29
52 Subsection 531L(3)
30
Amendments Schedule 1
Telecommunications Legislation Amendment (National Broadband Network Measures--Network
Information) Bill 2009 No. , 2009 15
After "carrier" (second, third, fourth and fifth occurring), insert "or
1
utility".
2
53 Subsections 531P(1) and (2)
3
Omit "protected carrier information", substitute "protected network
4
information".
5
Note:
The heading to section 531P is altered by omitting "protected carrier information"
6
and substituting "protected network information".
7
54 Subsection 531P(2)
8
After "carrier" (second and third occurring), insert "or utility".
9
55 Section 531Q
10
Repeal the section.
11
12

 

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