2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
National Broadband Network Companies Amendment (Tasmania) Bill 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Anne Urquhart)
National Broadband Network Companies Amendment (Tasmania) Bill 2014
GENERAL OUTLINE
The Bill would amend the National Broadband Network Companies Act 2011 to require NBN Co to only make fixed line connections to the NBN in Tasmania using fibre to the premises.
This was a promise made to the people of Tasmania by the Government, which it has advised it will not honour.
FINANCIAL IMPACT STATEMENT
The Senate has been advised that NBN Co is still operating under the Corporate Plan 2012-15. Funding for the NBN Co as provided for in the Budget Papers is based on this plan and provides for Fibre to the Premises to 93% of Australian premises. As such there are no additional financial implications of this measure.
NOTES ON CLAUSES
Clause 1 – Short Title
This clause sets out how the new Act is to be cited, that is, the National Broadband Network Companies Amendment (Tasmania) Act 2014.
Clause 2 – Commencement
This clause provides that the Act commences the day after it receives the Royal Assent.
Clause 3 – Schedule(s)
This clause provides that each Act that is specified in a Schedule is amended or repealed as set out in that Schedule.
Schedule 1 National Broadband Network Companies Act 2011
Summary
Schedule 1 would insert a new Subdivision AA before Subdivision A of Division 2 of Part 2 of the National Broadband Network Companies Act 2011. The Subdivision would require that NBN Co only provide fixed connection in Tasmania by use of fibre to the premises, and the capability to connect no less than 200,000 premises with fixed connection.
Detailed explanation
Item 1
Item 1 would insert a new Subdivision AA before Subdivision A of Division 2 of Part 2. Subsection 8(1) requires that no fewer than 200,000 premises in Tasmania are connected by fibre to the premises, and that no premise is connected with a fixed line (wire, cable or optical fibre) other than fibre to the premises. 200,000 is the number of premises specified by NBN Co in its media release of 26 March 2012.
Subsection 8(2) is for avoidance of doubt and ensures that a technology that isn’t all fibre does not meet the definition in subsection (1).
Item 2
Item 2 clarifies that the new provisions do not retrospectively apply to any existing connection. At the time of drafting there were no connections in Tasmania other than by fibre to the premises.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Broadband Network Companies Amendment (Tasmania) Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Bill would amend the National Broadband Network Companies Act 2011 to require NBN Co to only make fixed line connections to the NBN in Tasmania using fibre to the premises.
This was a promise made to the people of Tasmania by the Government, which it has advised it will not honour.
Human right implications
The Bill promotes the Right to an adequate standard of living.
Article 11 of the ICESCR recognises the right of everyone to an adequate standard of living and to the continuous improvement of living conditions. The provision of the best available high speed broadband creates opportunities to grow the economy of Tasmania and the improvement of the delivery of health, education and aged care services.
Conclusion
The National Broadband Network Companies Amendment (Tasmania) Bill 2014 is compatible with human rights because it promotes the right to an adequate standard of living and does not impose any limitations on human rights.
Senator Anne Urquhart