Division Description Changes — Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail — 16th Nov 2010

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representatives vote 2010-11-16#2 Edited by system on 2014-10-07 16:19:10	Title Description The majority voted against [http://www.openaustralia.org/debate/?id=2010-11-16.69.1 amendments] introduced by Liberal MP [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives Malcolm Turnbull], which means that they were unsuccessful. Mr Turnbull explained that the amendments related to the [http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa disallowance] of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].(Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm. ) ~~''Background to the bill''~~ This [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479 bill] was introduced following the lapse of the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212 Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009] and relates to the regulation of [http://en.wikipedia.org/wiki/Consumer_protection consumer protection], [http://en.wikipedia.org/wiki/Competition_law competition] and licensing in [http://en.wikipedia.org/wiki/Telecommunications telecommunications] markets. While substantially the same as the earlier bill, it includes some additional provisions. ~~According to the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest], significant changes made by this bill include:~~ * improving the conditions for competition in telecommunications markets by requiring [http://en.wikipedia.org/wiki/Telstra Telstra] to be structurally or functionally separated * making the telecommunications access regime less susceptible to deliberate delay and obstruction * removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets * clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable * extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and * enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.(More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].) ~~With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network.~~ The majority voted against [amendments](http://www.openaustralia.org/debate/?id=2010-11-16.69.1) introduced by Liberal MP [Malcolm Turnbull](http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives), which means that they were unsuccessful. Mr Turnbull explained that the amendments related to the [disallowance](http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa) of instruments and [competition](http://en.wikipedia.org/wiki/Competition_law). He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [Australian Competition and Consumer Commission](http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission) regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [Competition and Consumer Act](http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010), formerly the Trade Practices Act, would apply to the deal involving [Telstra](http://en.wikipedia.org/wiki/Telstra) and [NBN Co](http://en.wikipedia.org/wiki/NBN_Co).(Read Mr Turnbull's full explanation and the associated debate [here](http://www.openaustralia.org/debates/?id=2010-11-16.60.2), after 5:39 pm. ) _Background to the bill_ This [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479) was introduced following the lapse of the [Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212) and relates to the regulation of [consumer protection](http://en.wikipedia.org/wiki/Consumer_protection), [competition](http://en.wikipedia.org/wiki/Competition_law) and licensing in [telecommunications](http://en.wikipedia.org/wiki/Telecommunications) markets. While substantially the same as the earlier bill, it includes some additional provisions. According to the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045), significant changes made by this bill include: - improving the conditions for competition in telecommunications markets by requiring [Telstra](http://en.wikipedia.org/wiki/Telstra) to be structurally or functionally separated - making the telecommunications access regime less susceptible to deliberate delay and obstruction - removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets - clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable - extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and - enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.(More information about the bill is available in its [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045).) With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network.
representatives vote 2010-11-16#2 Edited by system on 2014-10-07 16:16:19	Title Description The majority voted against [http://www.openaustralia.org/debate/?id=2010-11-16.69.1 amendments] introduced by Liberal MP [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives Malcolm Turnbull], which means that they were unsuccessful. Mr Turnbull explained that the amendments related to the [http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa disallowance] of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].[1] Mr Turnbull explained that the amendments related to the [http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa disallowance] of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].(Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm. ) ''Background to the bill'' This [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479 bill] was introduced following the lapse of the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212 Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009] and relates to the regulation of [http://en.wikipedia.org/wiki/Consumer_protection consumer protection], [http://en.wikipedia.org/wiki/Competition_law competition] and licensing in [http://en.wikipedia.org/wiki/Telecommunications telecommunications] markets. While substantially the same as the earlier bill, it includes some additional provisions. According to the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest], significant changes made by this bill include: * improving the conditions for competition in telecommunications markets by requiring [http://en.wikipedia.org/wiki/Telstra Telstra] to be structurally or functionally separated * making the telecommunications access regime less susceptible to deliberate delay and obstruction * removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets * clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable * extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and * enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.[2] * enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.(More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].) With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network. ~~''References''~~ * [1] Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm. * [2] More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].
representatives vote 2010-11-16#2 Edited by mackay staff on 2014-08-20 16:01:43	Title ~~Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail - Disallowance of instruments and competition~~ Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail — Disallowance of instruments and competition Description The majority voted against [http://www.openaustralia.org/debate/?id=2010-11-16.69.1 amendments] introduced by Liberal MP [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives Malcolm Turnbull], which means that they were unsuccessful. Mr Turnbull explained that the amendments related to the disallowance of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].[1] Mr Turnbull explained that the amendments related to the [http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa disallowance] of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].[1] ''Background to the bill'' This [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479 bill] was introduced following the lapse of the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212 Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009] and relates to the regulation of [http://en.wikipedia.org/wiki/Consumer_protection consumer protection], [http://en.wikipedia.org/wiki/Competition_law competition] and licensing in [http://en.wikipedia.org/wiki/Telecommunications telecommunications] markets. While substantially the same as the earlier bill, it includes some additional provisions. According to the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest], significant changes made by this bill include: * improving the conditions for competition in telecommunications markets by requiring [http://en.wikipedia.org/wiki/Telstra Telstra] to be structurally or functionally separated * making the telecommunications access regime less susceptible to deliberate delay and obstruction * removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets * clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable * extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and * enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.[2] With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network. ''References'' * [1] Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm. * [2] More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest]. * [2] More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].
representatives vote 2010-11-16#2 Edited by mackay staff on 2014-08-20 15:56:57	Title ~~Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail~~ Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail - Disallowance of instruments and competition Description <p pwmotiontext="moved">That the amendments (<b>Mr Turnbull’s</b>) be agreed to.</p> The majority voted against [http://www.openaustralia.org/debate/?id=2010-11-16.69.1 amendments] introduced by Liberal MP [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives Malcolm Turnbull], which means that they were unsuccessful. Mr Turnbull explained that the amendments related to the disallowance of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].[1] ''Background to the bill'' This [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479 bill] was introduced following the lapse of the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212 Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009] and relates to the regulation of [http://en.wikipedia.org/wiki/Consumer_protection consumer protection], [http://en.wikipedia.org/wiki/Competition_law competition] and licensing in [http://en.wikipedia.org/wiki/Telecommunications telecommunications] markets. While substantially the same as the earlier bill, it includes some additional provisions. According to the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest], significant changes made by this bill include: * improving the conditions for competition in telecommunications markets by requiring [http://en.wikipedia.org/wiki/Telstra Telstra] to be structurally or functionally separated * making the telecommunications access regime less susceptible to deliberate delay and obstruction * removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets * clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable * extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and * enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.[2] With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network. ''References'' * [1] Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm. * [2] More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].

Change

Division

representatives vote 2010-11-16#2

Edited by system

on 2014-10-07 16:19:10

Title

Description

The majority voted against [http://www.openaustralia.org/debate/?id=2010-11-16.69.1 amendments] introduced by Liberal MP [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives Malcolm Turnbull], which means that they were unsuccessful.
Mr Turnbull explained that the amendments related to the [http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa disallowance] of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].(Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm. )
~~''Background to the bill''~~
This [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479 bill] was introduced following the lapse of the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212 Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009] and relates to the regulation of [http://en.wikipedia.org/wiki/Consumer_protection consumer protection], [http://en.wikipedia.org/wiki/Competition_law competition] and licensing in [http://en.wikipedia.org/wiki/Telecommunications telecommunications] markets. While substantially the same as the earlier bill, it includes some additional provisions.
~~According to the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest], significant changes made by this bill include:~~
* improving the conditions for competition in telecommunications markets by requiring [http://en.wikipedia.org/wiki/Telstra Telstra] to be structurally or functionally separated
* making the telecommunications access regime less susceptible to deliberate delay and obstruction
* removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets
* clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable
* extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and
* enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.(More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].)
~~With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network.~~
The majority voted against [amendments](http://www.openaustralia.org/debate/?id=2010-11-16.69.1) introduced by Liberal MP [Malcolm Turnbull](http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives), which means that they were unsuccessful.
Mr Turnbull explained that the amendments related to the [disallowance](http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa) of instruments and [competition](http://en.wikipedia.org/wiki/Competition_law). He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [Australian Competition and Consumer Commission](http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission) regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [Competition and Consumer Act](http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010), formerly the Trade Practices Act, would apply to the deal involving [Telstra](http://en.wikipedia.org/wiki/Telstra) and [NBN Co](http://en.wikipedia.org/wiki/NBN_Co).(Read Mr Turnbull's full explanation and the associated debate [here](http://www.openaustralia.org/debates/?id=2010-11-16.60.2), after 5:39 pm. )
_Background to the bill_
This [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479) was introduced following the lapse of the [Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212) and relates to the regulation of [consumer protection](http://en.wikipedia.org/wiki/Consumer_protection), [competition](http://en.wikipedia.org/wiki/Competition_law) and licensing in [telecommunications](http://en.wikipedia.org/wiki/Telecommunications) markets. While substantially the same as the earlier bill, it includes some additional provisions.
According to the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045), significant changes made by this bill include:
- improving the conditions for competition in telecommunications markets by requiring [Telstra](http://en.wikipedia.org/wiki/Telstra) to be structurally or functionally separated
- making the telecommunications access regime less susceptible to deliberate delay and obstruction
- removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets
- clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable
- extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and
- enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.(More information about the bill is available in its [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045).)
With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network.

representatives vote 2010-11-16#2

Edited by system

on 2014-10-07 16:16:19

Title

Description

The majority voted against [http://www.openaustralia.org/debate/?id=2010-11-16.69.1 amendments] introduced by Liberal MP [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives Malcolm Turnbull], which means that they were unsuccessful.
Mr Turnbull explained that the amendments related to the [http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa disallowance] of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].[1]
Mr Turnbull explained that the amendments related to the [http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa disallowance] of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].(Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm. )
''Background to the bill''
This [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479 bill] was introduced following the lapse of the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212 Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009] and relates to the regulation of [http://en.wikipedia.org/wiki/Consumer_protection consumer protection], [http://en.wikipedia.org/wiki/Competition_law competition] and licensing in [http://en.wikipedia.org/wiki/Telecommunications telecommunications] markets. While substantially the same as the earlier bill, it includes some additional provisions.
According to the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest], significant changes made by this bill include:
* improving the conditions for competition in telecommunications markets by requiring [http://en.wikipedia.org/wiki/Telstra Telstra] to be structurally or functionally separated
* making the telecommunications access regime less susceptible to deliberate delay and obstruction
* removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets
* clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable
* extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and
* enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.[2]
* enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.(More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].)
With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network.
~~''References''~~
* [1] Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm.
* [2] More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].

representatives vote 2010-11-16#2

Edited by mackay staff

on 2014-08-20 16:01:43

Title

~~Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail - Disallowance of instruments and competition~~
Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail — Disallowance of instruments and competition

Description

The majority voted against [http://www.openaustralia.org/debate/?id=2010-11-16.69.1 amendments] introduced by Liberal MP [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives Malcolm Turnbull], which means that they were unsuccessful.
Mr Turnbull explained that the amendments related to the disallowance of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].[1]
Mr Turnbull explained that the amendments related to the [http://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/practice/chapter10#disa disallowance] of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].[1]
''Background to the bill''
This [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479 bill] was introduced following the lapse of the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212 Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009] and relates to the regulation of [http://en.wikipedia.org/wiki/Consumer_protection consumer protection], [http://en.wikipedia.org/wiki/Competition_law competition] and licensing in [http://en.wikipedia.org/wiki/Telecommunications telecommunications] markets. While substantially the same as the earlier bill, it includes some additional provisions.
According to the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest], significant changes made by this bill include:
* improving the conditions for competition in telecommunications markets by requiring [http://en.wikipedia.org/wiki/Telstra Telstra] to be structurally or functionally separated
* making the telecommunications access regime less susceptible to deliberate delay and obstruction
* removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets
* clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable
* extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and
* enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.[2]
With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network.
''References''
* [1] Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm.
* [2] More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].
* [2] More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].

representatives vote 2010-11-16#2

Edited by mackay staff

on 2014-08-20 15:56:57

Title

~~Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail~~
Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 — Consideration in Detail - Disallowance of instruments and competition

Description

<p pwmotiontext="moved">That the amendments (<b>Mr Turnbull’s</b>) be agreed to.</p>
The majority voted against [http://www.openaustralia.org/debate/?id=2010-11-16.69.1 amendments] introduced by Liberal MP [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Malcolm_Turnbull&mpc=Wentworth&house=representatives Malcolm Turnbull], which means that they were unsuccessful.
Mr Turnbull explained that the amendments related to the disallowance of instruments and [http://en.wikipedia.org/wiki/Competition_law competition]. He said that their purpose was to: (1) replace ‘in writing’ with the words ‘in a legislative instrument’ so that any ministerial direction to the [http://en.wikipedia.org/wiki/Australian_Competition_and_Consumer_Commission Australian Competition and Consumer Commission] regarding the criteria for acceptance of a functional separation would be a disallowable instrument and therefore subject to the scrutiny of parliament; and (2) ensure that the normal operation of the [http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010 Competition and Consumer Act], formerly the Trade Practices Act, would apply to the deal involving [http://en.wikipedia.org/wiki/Telstra Telstra] and [http://en.wikipedia.org/wiki/NBN_Co NBN Co].[1]
''Background to the bill''
This [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4479 bill] was introduced following the lapse of the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4212 Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009] and relates to the regulation of [http://en.wikipedia.org/wiki/Consumer_protection consumer protection], [http://en.wikipedia.org/wiki/Competition_law competition] and licensing in [http://en.wikipedia.org/wiki/Telecommunications telecommunications] markets. While substantially the same as the earlier bill, it includes some additional provisions.
According to the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest], significant changes made by this bill include:
* improving the conditions for competition in telecommunications markets by requiring [http://en.wikipedia.org/wiki/Telstra Telstra] to be structurally or functionally separated
* making the telecommunications access regime less susceptible to deliberate delay and obstruction
* removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets
* clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable
* extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and
* enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.[2]
With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network.
''References''
* [1] Read Mr Turnbull's full explanation and the associated debate [http://www.openaustralia.org/debates/?id=2010-11-16.60.2 here], after 5:39 pm.
* [2] More information about the bill is available in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1011a/11bd045 bills digest].