Coalition will seek amendments to NBN legislation

Stuart Corner
Tuesday, 18 August 2009 12:50

IT Industry - Strategy

The Federal Coalition says it will propose amendments to the Government's National Broadband Network Bill to address the concerns expressed by Coalition members of the Senate Committee that has just released its report after examining the bill.

The Bill seeks to amend the Telecommunications Act in order to provide scope for the Government to force telcos and utilities to provide information about their networks for use during the NBN implementation study and also for any subsequent rollout.

Shadow communications minister, Nick Minchin, said: "We will put forward sensible amendments addressing the concerns of stakeholders and if the Government refuses to embrace them the Coalition will not support this bill as it stands."

He added: "There is also a Senate Order in place requiring communications minister Stephen Conroy to table the reports of both the NBN expert panel and ACCC which relate to his first failed NBN tender process, before any NBN-related bills are debated in the Senate. The Coalition will oppose any attempts by the Government to debate this Bill in the absence of its compliance with this Order."

Minchin said the bill had been introduced into the Senate by the Government without any consultation with those it was likely to affect and they were only consulted during an inquiry by the Senate Legislation Committee on Environment, Communications and the Arts.

"A number of concerns were raised during this inquiry, including the tight timelines proposed for consultation and also for the provision of information sought under the legislation. Civil penalties also apply for carriers and utilities that do not provide accurate information. Stakeholders believe they should be immune from such penalties if they acted in good faith.

"Utilities raised concern about the Bill's failure to clarify arrangements for cost recovery associated with the provision of information and there is currently no mechanism for consideration of compensation under a mandatory requirement. Also of concern to the Coalition is the scope under this Bill for information to be sought and used by the Government not only for the purpose of the implementation study, but also by the NBN Company and its suppliers for a period of 10 years to assist any network roll out.

"The Coalition believes these provisions should only apply for the implementation study period and cease in June 2010. In the event that information is required after that period by NBN Company, the Government should seek a fresh authority through the Parliament.