Explanatory Memorandum
(Circulated by authority of the Minister for Communications, Urban Infrastructure, Cities and the Arts, the Hon Paul Fletcher MP)Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
TELSTRA CORPORATION AND OTHER LEGISLATION AMENDMENT BILL 2021
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 amends legislation relating to Telstra Corporation Limited (Telstra) to ensure regulatory equivalency of obligations across the restructured Telstra group as proposed in Telstra's Scheme of Arrangement pursuant to the Corporations Act 2001. The purpose of these amendments is to ensure that the Commonwealth's policy interest in protecting consumers, promoting competition and supporting Telstra's public interest roles in Australia's telecommunications system is not diminished as a result of the restructure.
The Bill has been developed on the principle of regulatory equivalence. That is, that the regulatory obligations that currently fall on Telstra should also fall on the entities in the new corporate group in approximately the same way. While Telstra is free to restructure its business as it sees fit, successive Parliaments have placed and maintained a range of obligations on that business, and it is important that these remain effective.
Regulatory equivalence will maintain consumer and competition safeguards that currently apply to Telstra due to its historic and ongoing role in the telecommunications sector. It will ensure that the Telstra Group will continue to be required to provide telecommunications services on a universal basis, and playing a key role in the provision of services to regional and rural Australians.
The obligations provided for by these amendments generally relate to proposed new Telstra entities and not to individuals. Most amendments do not introduce any new obligations, they simply apply existing obligations to new Telstra entities and businesses. The one exception is the establishment of a new facilities access regime for bodies corporate that are related to telecommunications carriers. Those obligations seek to achieve the policy intent of the existing regulatory regime in response to Telstra's proposed restructure.
No human rights issues were raised during consultation.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
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.