House debates

Tuesday, 16 November 2010

Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010

Consideration in Detail

6:35 pm

Photo of Malcolm TurnbullMalcolm Turnbull (Wentworth, Liberal Party, Shadow Minister for Communications and Broadband) Share this | Hansard source

by leave—I move amendments (58) to (63) together:

(2)    Schedule 1, item 152, page 108 (lines 10 and 11), omit the item, substitute:

152 Subsection 152AV(1)

Omit “152AT or”.

152A Subsection 152AW(1)

Omit “152AT or”.

152B Paragraph 152AW(1)(b)

Omit “paragraph 152AT(3)(a) or”.

152C Paragraph 152AW(1)(c)

Repeal the paragraph

152D Paragraph 152AW(1)(e)

Omit “152AT or”.

152E Paragraph 152AW(1)(f)

Omit “152AT or”.

152F Paragraph 152AW(1)(g)

Omit “152AT or”.

152G Paragraph 152AW(1)(h)

Omit “152AT or”.

152H Paragraph 152AW(5)(a)

Omit “152AT or”.

152J Paragraph 152AW(5)(c)

Omit “paragraph 152AT(3)(a) or”.

152K Paragraph 152AW(5)(d)

Omit “paragraph 152AT(3)(a) or”.

152L Paragraph 152AW(5)(e)

Repeal the paragraph

152M Paragraph 152AW(5)(g)

Omit “152AT or”.

152N Paragraph 152AW(5)(h)

Omit “152AT or”.

152P Paragraph 152AW(5)(i)

Omit “152AT or”.

152Q Paragraph 152AW(5)(j)

Omit “152AT or”.

152R Paragraph 152AW(5)(k)

Omit “152AT or”.

152S Section 152AX

Omit “152AT or”.

(3)    Schedule 1, item 160, page 131 (after line 2), insert:

Subdivision G—Review of access determination by Tribunal

152BCX Application for review

        (1)    A person whose interests are affected by an access determination may apply in writing to the Tribunal for review of the determination.

        (2)    The application must be made within 21 days after the Commission makes the determination.

        (3)    The Tribunal must review the determination in accordance with section 152BCY.

152BCY Review of access determination

Orders

        (1)    On a review of an access determination, the Tribunal may order that the determination be affirmed, varied or revoked.

        (2)    If the Tribunal makes an order that the determination be varied or revoked, the Commission is taken to have varied or revoked the determination accordingly (other than for section 152BCX or this section).

        (3)    For the purposes of the review, the Tribunal may perform all the functions and exercise all the powers of the Commission.

Conduct of review

        (4)    For the purposes of the review, the presiding member of the Tribunal may require the Commission to give such information, make such reports and provide such other assistance to the Tribunal as the member specifies.

        (5)    For the purposes of the review, the Tribunal may have regard only to:

             (a)    any information given, documents produced or evidence given to the Commission in connection with the making of the access determination; and

             (b)    any other information that was referred to in the Commission’s report mentioned in subsection 152BCH(1) or in any reasons for making the access determination that the Commission published.

Time period for review

        (6)    The Tribunal must use its best endeavours to make an order under subsection (1) on or before the action date for the review.

        (7)    If the Tribunal is unable to make an order by the current action date, the Tribunal must, by notice in writing, set a later date as the action date.

        (8)    The Tribunal must:

             (a)    give a copy of the notice to each party to the review; and

             (b)    publish the notice on its website and in a newspaper circulating generally throughout Australia.

        (9)    In this section:

action date, in relation to a review, means:

             (a)    the day 90 days after the Tribunal receives the application for review; or

             (b)    a later date set under this section.

(4)    Schedule 1, item 160, page 131 (lines 30 to 32), omit subsection (6).

(5)    Schedule 1, item 160, page 140 (after line 4), insert:

Subdivision E—Review of binding rules of conduct by Tribunal

152BDM Application for review

        (1)    A person whose interests are affected by a set of binding rules of conduct may apply in writing to the Tribunal for review of the rules.

        (2)    The application must be made within 21 days after the Commission made the rules.

        (3)    The Tribunal must review the decision in accordance with section 152BDN.

152BDN Review of binding rules of conduct

Orders

        (1)    On a review of a set of binding rules of conduct, the Tribunal may order that the rules be affirmed, varied or revoked.

        (2)    If the Tribunal makes an order that the rules be varied or revoked, the Commission is taken to have varied or revoked the rules accordingly (other than for section 152BD or this section).

        (3)    For the purposes of the review, the Tribunal may perform all the functions and exercise all the powers of the Commission.

Conduct of review

        (4)    For the purposes of the review, the presiding member of the Tribunal may require the Commission to give such information, make such reports and provide such other assistance to the Tribunal as the member specifies.

        (5)    For the purposes of the review, the Tribunal may have regard only to:

             (a)    any information given, documents produced or evidence given to the Commission in connection with the making of the rules; and

             (b)    any other information that was referred to in the Commission’s report mentioned in subsection 152BCH(1) or in any reasons for making the access determination that the Commission published.

Time period for review

        (6)    The Tribunal must use its best endeavours to make an order under subsection (1) on or before the action date for the review.

        (7)    If the Tribunal is unable to make an order by the current action date, the Tribunal must, by notice in writing, set a later date as the action date.

        (8)    The Tribunal must:

             (a)    give a copy of the notice to each party to the review; and

             (b)    publish the notice on its website and in a newspaper circulating generally throughout Australia.

        (9)    In this section:

action date, in relation to a review is:

             (a)    the day 90 days after the Tribunal receives the application for review; or

             (b)    a later date set under this section.

(6)    Schedule 1, item 177, page 152 (lines 25 and 26), omit the item, substitute:

177 Subsection 152CE(1)

Omit “152BU(2), 152BY(3),”.

177A Subsection 152CF(1)

Omit “152BU(2), 152BY(3),”.

177B Paragraph 152CF(1)(b)

Omit “152BU(2) or”.

177C Paragraph 152CF(1)(c)

Omit “152BU(2) or”.

177D Paragraph 152CF(1)(d)

Omit “152BY(3) or”.

177E Paragraph 152CF(1)(e)

Omit “152BY(3) or”.

177F Paragraph 152CF(5)(a)

Omit “152BU(2), 152BY(3),”.

177G Section 152CG

Omit “152BU(2), 152BY(3),”.

(7)    Schedule 1, item 212, page 167 (lines 7 to 14), omit the item.

These are the amendments which are referred to as merit review and procedural fairness. There has been a great deal of criticism over the years of Telstra using lawyers, talented law firms like the one the member for Greenway used to be a partner of, to challenge—

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