Senate

Telecommunications and Other Legislation Amendment Bill 2017

Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Honourable George Brandis QC)
This memorandum takes account of amendments made by the Senate to the bill as introduced and supersedes the Explanatory Memorandum tabled in the Senate on 9 November 2016

Toonen v Australia , Communication No. 488/1992, U.N. Doc CCPR/C/50/D/488/1992 (1994) at 8.3.

UN Human Rights Committee, General Comment No 13 (1984).

Paragraphs 3.45 and 3.46 of the Parliamentary Joint Committee on Intelligence and Security's Final Report, 'Inquiry into Potential Reforms of Australia's National Security Legislation'.

IBISWorld Industry Report - Telecommunications Services in Australia , March 2014.

Deloitte Access Economic Study, Large capital projects - defining Australia's investment challenge , 24 April 2012 published by the Business Council of Australia.

Cloud computing where data is held across international jurisdictions introduces questions about sovereignty. This also introduces architecture vulnerabilities in terms of who has potential access to the data.

Target Provides Preliminary Update on Second-Quarter Expenses Related to the Data Breach and Debt Retirement, 5 August 2014,
http://pressroom.target.com/news/target-provides-preliminary-update-on-second-quarter-expenses-related-to-the-data-breach-and-debt-retirement .

Section 4 of the Telecommunications Act 1997 .

Section 115(1) provides that an industry Code has no effect to the extent to which compliance with the Code is likely to have the direct or indirect effect of requiring customer, equipment, customer cabling, a telecommunications network or a facility to have particular design features or meet particular performance requirements.

Section 112 'Statement of Regulatory Policy' and section 117 'Registration of industry Codes'.

'ACMA to maintain Register of industry codes and industry standards'.

Since the Telecommunications Consumer Protections Code (TCP) commenced in April 2010 the ACMA has issued 109 warnings, 10 directions to comply and infringement notice.

AGD and the PJCIS sought, with limited success, to explore with the industry the potential compliance costs and impacts of the security framework on broader competition impacts. Industry has been reluctant to share commercial-in-confidence material or pricing structures to enable estimation of potential costs. The cost information included in the RIS is based on discussions with key telecommunications staff and in one case, the provision of confidential information on procurement scenarios. This, combined with the cyclical nature of technology procurement cycle (3-5 years) and the changing nature of the telecommunications market, also makes it difficult to predict the nature of significant infrastructure investment decisions that could occur in the future.

By way of example, a recent procurement of a terrestrial telecommunications project for Defence (JP2047) suggests that considerable price tension exists in the market; despite one of the carriers undertaking significant additional redundancy their final cost fell to be competitive with the final successful provider. This is consistent with recent procurements of 4G LTE technology across mobile telephone networks, despite there being considerable differences in tender responses based on the nature of the project.

The figure used is an annual average over ten years to factor in the start-up costs.


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