Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the law relating to telecommunications, and for related purposes
Administered by: Broadband, Communications and the Digital Economy
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced Senate 02 Oct 1997

 

 

1997

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

 

 

TELECOMMUNICATIONS LEGISLATION AMENDMENT BILL 1997

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

Amendments to be moved on behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of Senator the Hon. Richard Alston, Minister for Communications, the Information Economy and the Arts)

 

 

 

 


TELECOMMUNICATIONS LEGISLATION

AMENDMENT BILL 1997

 

 

OUTLINE

 

The proposed amendments will make certain cross-referencing changes to clause 27 of Schedule 3 to the Telecommunications Act 1997.

 

Item 24 of Schedule 2 to the Telecommunications Legislation Amendment Bill 1997 (‘the Bill) amends clause 27 of Schedule 3. Clause 27 as currently drafted requires that before an application can be made to the ACA for a facility installation permit where none of the facilities consists of a designated overhead line both of the following conditions must be met:

 

·         a landowner has not consented (cl. 27(1)(a)); and

  • a relevant authority has not consented (cl. 27(1)(b)).

 

This has the peculiar (and unintended) consequence that if a landowner consents to a proposal, while a local council does not, then it is not possible for the ACA to issue a facility installation permit.

 

Item 24 of Schedule 2 to the Bill attempts to rectify this anomaly by redrafting subclauses 27(1) and (2). As a result of the re-arranging of the order of the paragraphs in subclause 27(1), it is necessary to make several cross-referencing changes to the remaining subclauses in clause 27.

 

The proposed amendments will effect these cross-referencing changes. The proposed changes are as follows:

 

  • The reference in existing subclause 27(3) to existing paragraph (1)(d) will be replaced by a reference to new paragraph (1)(a).

 

  • The reference in existing subclause 27(4) to existing paragraph (1)(e) will be replaced by a reference to new paragraph (1)(b).

 

  • The reference in existing subclause 27(5) to existing paragraph (1)(g) will be replaced by a reference to new paragraph (1)(d).

 

 

FINANCIAL IMPACT

 

The proposed amendments will not have any financial impact on Commonwealth expenditure or revenue.

 

 


NOTES ON AMENDMENTS

 

AMENDMENT (1)

 

Amendment (1) inserts new items 24A, 24B and 24C in Schedule 2 to the Bill. These new items will correct several cross-references in clause 27 of Schedule 3 to the Telecommunications Act 1997.

 

Clause 27 sets out the criteria for the issue of a telecommunications facility installation permit by the Australian Communications Authority.

 

These proposed changes are necessary as a result of the proposed re-arrangement of the order of the paragraphs in subclause 27(1) of Schedule 3 contained in item 24 of Schedule 2 to the Bill.