Melissa McIntosh (Lindsay, Liberal Party, Shadow Minister for Women) Share this | Hansard source

by leave—I move:

(1) Schedule 1, page 3 (before line 3), before the heading specifying Telecommunications (Consumer Protection and Service Standards) Act 1999, insert:

Security of Critical Infrastructure Act 2018

1A Section 5 (after paragraph (a) of the definition of critical telecommunications asset )

Insert:

(aa) a telecommunications network that is used to supply an emergency call service; or

(2) Schedule 1, page 3 (before line 3), before the heading specifying Telecommunications (Consumer Protection and Service Standards) Act 1999, insert:

Telecommunications Act 1997

1B After paragraph 570( 3)( ac)

Insert:

(ad) in the case of a contravention of subsection 151D(1) or (2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999$20 million for each contravention; or

(3) Schedule 1, item 7, page 13 (after line 19), after section 151K, insert:

151KA Register of ECS outage events

(1) The Custodian must establish and keep a register of ECS outage events.

(2) The Custodian must include an ECS outage event in the register as soon as reasonably practicable after the Custodian reasonably believes that the ECS outage event has occurred, is occurring or will occur.

(3) The Custodian must make the information contained in the register available for public inspection on the internet.

(4) The regulations may make provision for and in relation to the keeping of the register.

(4) Schedule 1, item 7, page 16 (lines 11 and 12), omit "within 3 months after the end of each 6 month period", substitute "within 1 month after the end of each 3 month period".

(5) Schedule 1, item 7, page 16 (line 24), omit subsection 151Q(2), substitute:

(2) The ACMA must:

(a) provide a copy of the report to the Custodian; and

(b) publish the report.

I am asking for some detailed amendments to this bill to ensure that our triple 0 network is protected. I shared these amendments with the Minister for Communications's office last night and this morning in an act of good faith and in the hope that the government is serious about fixing the triple 0 system. I don't want to believe that we are here today debating this urgent bill as part of a political show so the government can look like it's doing something. I want them to actually do something. You cannot wallpaper over this catastrophic event. People have died. Australians' confidence in the triple 0 service has been rocked.

The first point in my amendment seeks to list our triple 0 network as critical infrastructure. This will ensure that the triple 0 service is enshrined as an infrastructure asset of national significance. Systems of national significance are Australia's most vital and critical infrastructure assets. They underpin our social and economic stability, defence and national security. At the moment, there are around 170 assets, across energy, communications, transport and financial services. People expect their lights to turn on, despite soaring energy prices. They expect to have running water and sewerage. They also expect to be able to pick up the phone and call triple 0 in their greatest time of need. We must ensure that the triple 0 network is protected for all Australians, wherever and whenever they need it. It doesn't matter if you are in the city or in the regions, and my colleague the member for Mallee has been pushing this point so well.

The second point in my amendment will increase the current penalty framework for a contravention of the act from $10 million to $20 million. Let's be clear: if a person is unable to call triple 0, that cannot be tolerated. We must have strong enough penalties to make people pay attention. If we end up back here, it's not just going to be $20 million. These penalties won't just double—$30 million a breach, $50 million a breach or $100 million. It doesn't matter—whatever it takes for people to take this seriously and for things to change, because it is serious business. How many more times do we need to address these abhorrent failures before it's fixed and before we have transparency and honesty when we have an outage?

Among the members of the other place right now, Senate estimates is happening, and they are legitimately talking about emails sent to the wrong email box and no-one opening emails after the outage. This is not a joke; this is actually what has happened. Own it. Fix it. Pick up the phone and make a call if you can't get through on an email. I have heard nothing but excuses from Optus, the department, ACMA—the regulator—and the minister. Australians are sick of excuses. They are sick of cover-ups. Own it.

I'm also seeking an amendment to the bill to ensure that for all outages there is transparency regarding the number of calls affected and the geographical areas impacted. Without this vital information, we cannot expect to know where the gaps are in the system so that they can be fixed. Australians are hyperaware right now. Following the second Optus outage, which impacted Dapto in New South Wales, Optus reported some of the calls were made by people checking whether the triple 0 network was working. They are lacking confidence in our most essential telecommunication service. Yesterday in question time, the minister was asked how many triple 0 outages there have been, and she couldn't answer this question. That's not good enough. We need to know. Australians have a right to know. If the minister wants to restore faith in the network, she needs to walk the walk and be transparent about what's going on.

Finally, schedule 1 of the bill states that ACMA, the regulator, will provide a report every six months, and they will take three months to prepare that report. Minister, given what has been going on in this country over the last few weeks, where people have died, six months is not good enough. This reporting must be more frequent and more rapid, and, most importantly, the public must have access to it. It has to be transparent. So we are asking for it to be every three months. Minister, we ask on behalf of Australians for you to take this seriously and take no chances with the health, safety and welfare of Australians. (Time expired)

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