A Bill for an Act to enhance community consultation in relation to the development of certain telecommunications facilities, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications Amendment (Enhancing Community Consultation) Act 2011.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Telecommunications Act 1997
1 Clause 1 of Schedule 3 (fourth dot point, paragraph (g))
Omit “the owner”, substitute “owners”.
2 Subclause 6(5) of Schedule 3
Omit all the words after “subclause (3)”.
3 Paragraph 6(7)(a) of Schedule 3
Omit “5 metres”, substitute “1 metre”.
4 Paragraph 7(8)(a) of Schedule 3
Omit “not”.
5 At the end of subclause 17(1) of Schedule 3
Add:
; and (c) in relation to an activity under Division 3 or 4—the owner and occupier of any land within 500 metres of the facility or proposed facility concerned.
Note: The heading to clause 17 is altered by omitting “owner” and substituting “owners”.
6 Subclause 17(4) of Schedule 3
Omit “10”, substitute “30”.
7 Subparagraph 27(1)(g)(ii) of Schedule 3
Repeal the subparagraph, substitute:
(ii) all alternative less sensitive sites are not feasible; and
(iii) the proposed location is not within 100 metres of the community sensitive site; and
8 After subclause 27(4) of Schedule 3
Insert:
(4A) For the purposes of subclause (4), the ACMA must not have regard to the revenue, profit, market share or any other financial interest of the carrier.
9 After subclause 35(3) of Schedule 3
Insert:
(3A) Applications may be made to the Administrative Appeals Tribunal for review of a decision of the ACMA under clause 25 to issue a facility installation permit.
10 Paragraph 48(2)(a) of Schedule 3
Repeal the paragraph.
11 At the end of paragraph 48(2)(b) of Schedule 3
Add “, other than interests relating to competition between carriers”.
12 At the end of subclause 48(2) of Schedule 3
Add:
; (e) the impact of such facilities on members of the public.