Michael Ronaldson (Victoria, Liberal Party, Shadow Special Minister of State) Share this | Hansard source

I move opposition amendment (16) on sheet 5477:

(16)  Schedule 1, item 11, page 19 (line 17), at the end of Part 27A, add:

Division 4—Ministerial advisory process

531R Purpose of Division

The purpose of this Division is to provide for processes to:

             (a)    ensure rigorous, independent and transparent advice is provided to the Minister in relation to the National Broadband Network.

             (b)    ensure proper expert advice is included in the process mentioned in paragraph (a); and

             (c)    guarantee public information about the National Broadband Network.

531S Expert Panel

        (1)    An Expert Panel to examine, consult and provide advice to the Minister in relation to proposals and tenders for the National Broadband Network is established by this section.

        (2)    The Expert Panel will provide rigorous, independent and transparent advice to the Minister to ensure that any decision, action or any transaction that may be undertaken as part of or related to the National Broadband Network Program is determined objectively and reflects a sound, principled, robust and durable involvement of the Commonwealth.

        (3)    The Minister must seek the advice of the Expert Panel on the evaluation of proposals for the National Broadband Network in relation to all the matters in subsection (4).

        (4)    The Expert Panel is to examine, publicly consult and provide advice to the Minister, with that advice to be publicly released within 7 days of being provided to the Minister, in relation to:

             (a)    options in relation to the nature, scope, cost and the potential benefits of credible forms of government intervention required to achieve the Government’s stated public policy objectives;

             (b)    the identification of existing assets and opportunities for improved performance and efficiencies, determination of priorities for action according to need and future forecasts, the planning of future public and private investments and the mechanisms to drive investment to where it is needed, and the establishment of a sound and complementary best practice public policy framework;

             (c)    the formulation and administration of the public policy framework within which the National Broadband Network proposal is to operate;

             (d)    the role, impact and any proposed variation to the telecommunications industry regulatory framework relevant to National Broadband Network proposals;

             (e)    requirements and actions that contribute to optimising the competitive tensions of the National Broadband Network tender process and which facilitate accurately designed and costed proposals;

              (f)    the adherence of the tender process to the better practice guidance and advice of the Auditor-General and the principles of fairness, transparency, probity and value for money;

             (g)    the implications of proposed actions, decisions and public funding on consumer choice, costs and protection, competition, private investment, inflation and national productivity;

             (h)    the role of government and its relationship with the private sector and existing private investment in the telecommunications sector;

              (i)    the nature of any compensation or other remedies required to address any detriment, economic loss or disadvantage to consumers, property holders, businesses and related interests;

              (j)    the future role, operation and responsibility for any network infrastructure likely to be rendered redundant, underutilised or excess to requirement as a result of National Broadband Network decisions and actions;

             (k)    the interaction with and revision of community service obligations and subsidies for services to disadvantaged areas and consumers;

              (l)    any dispute arising from the operation of this Act including but not limited to:

                   (i)    the formulation, content and administration of instruments created under this Act;

                  (ii)    the type, scope and presentation of information required to facilitate a competitive bid process;

                 (iii)    the handling, availability and use of protected information;

                 (iv)    the situation where a carrier believes it has wholly or substantially voluntarily satisfied a requirement to produce protected carrier information demanded in an instrument;

                 (iv)    the nature, conclusions and public release of the advice provided to the Minister by the expert panel.

        (5)    The Expert Panel is to be provided with such assistance as it requires from Commonwealth Government agencies and departments.

               Note:       Better practice in guidance  paragraph (4)(f) refers to the August 2007 report of the Auditor-General entitled “Fairness and Transparency in Purchasing Decisions (Probity in Australian Government Procurement) and Commonwealth Procurement Guidelines”.

531T Appointment of the Expert Panel

        (1)    Members (including the Chair) of the Expert Panel are to be appointed by the Minister by written instrument.

        (2)    In making appointments under subsection (1), the Minister must ensure that:

             (a)    he or she is satisfied that each member has knowledge of, or experience in, a field relevant to the objectives of the National Broadband Network;

             (b)    the Expert Panel is capable of objectively and competently evaluating and recommending a sound, principled, robust and durable involvement of the Commonwealth in the National Broadband Network;

             (c)    the analysis by the Expert Panel of possible options for Commonwealth involvement is rigorous, independent and transparent;

             (d)    the Expert Panel comprises members with expertise including but not limited to:

                   (i)    public policy formulation and evaluation;

                  (ii)    technical expertise including network architecture, interconnection and emerging technology;

                 (iii)    regulatory framework, open access, competition and pricing practice;

                 (iv)    private sector telecommunications wholesale and retail business experience;

                  (v)    contemporary broadband investment, law and finance;

                 (vi)    network design, technical option and functionality of the ‘last mile’ link to premises;

             (e)    specified appointees include:

                   (i)    the Australian Competition and Consumer Commission chairperson or delegate;

                  (ii)    the Productivity Commission chairperson or delegate;

                 (iii)    the Infrastructure Australia chairperson, nominee or senior executive;

                 (iv)    a consumer interest advocate selected from nominations provided by the Australian Telecommunications Users Group;

                  (v)    the Secretary of the Department of Treasury;

                 (vi)    the Secretary of the responsible Minister’s department;

                (vii)    any other expertise the Minister considers necessary to ensure value for taxpayer money;

              (f)    the Expert Panel will comprise a majority of appointees with private sector expertise;

             (g)    the Expert Panel is provided with such assistance as it requires from Commonwealth Government agencies and departments.

531U Interdepartmental and multi-agency committee

        (1)    The Minister may establish an interdepartmental and multi-agency committee to examine, consult and provide advice to the Minister.

        (2)    The interdepartmental and multi-agency committee membership is to comprise, but is not limited to, senior representatives from:

             (a)    the Australian Competition and Consumer Commission;

             (b)    the Productivity Commission;

             (c)    Infrastructure Australia;

             (d)    the Department of Treasury;

             (e)    the responsible Minister’s department;

              (f)    external relevant and competent expertise consistent with that listed in paragraph 531T(2)(d).

        (3)    The interdepartmental and multi-agency committee must provide advice to the Minister on any matter referred to it by the Minister consistent with the matters referred to in subsection 531S(4).

531V Disclosure

        (1)    The Expert Panel must prepare and maintain minutes of its meetings and publish a form of its minutes that ensure public disclosure of its deliberations and conclusions, recognising the public interest and investment involved while respecting commercial-in-confidence considerations and national security considerations.

        (2)    The Department of Broadband, Communications and the Digital Economy will work with the Attorney-Generals Department and other national security agencies to deal with any national security risk or consideration in determining what material is released as part of the public disclosure of the Expert Panels deliberations, analysis and conclusions.

531W Dispute resolution

        (1)    A protected network information provider or recipient may challenge the scope, content, adequacy, presentation, compliance with, safeguards and protections encompassed in the prescribed form.

        (2)    Disputes are to be notified in writing to the Minister.

        (3)    The Minister must cause the dispute notification to be published and referred to the Expert Panel for advice.

        (4)    The Expert Panels advice in relation to the dispute, the Minister’s assessment of the merit of the dispute and the Minister’s final determination of the matter must be published within 3 working days of a determination being made.

531X Minister’s directions

        (1)    The Minister may give written directions to the Expert Panel about its role, functions and performance as set out in section 531S.

        (2)    The Minister must have regard to the current telecommunications legislative and regulatory environments and the role, function and determinations of the Australian Competition and Consumer Commission in giving directions under subsection (1).

        (3)    Directions given by the Minister under subsection (1) must be of a general nature only.

        (4)    The Minister must cause any direction he or she gives under subsection (1) to be published and notified to prospective bidders within 3 working days of the direction being given.

        (5)    The Minister must not give directions about the content of any advice that may be given by the Expert Panel.

        (6)    The Expert Panel must comply with any direction given by the Minister under subsection (1).

        (7)    A direction given by the Minister under subsection (1) is a legislative instrument.