House of Representatives

Second Reading Speech

Mr McGauran (Minister for Science)

I move:

That this bill be now read a second time.

The Communications Legislation Amendment Bill (No. 1) 2002 makes a series of minor amendments to the Australian Communications Authority Act 1997, the Freedom of Information Act 1982, the Radiocommunications Act 1992, the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Schedule 1 to the bill makes an amendment to the Australian Communications Authority Act 1997 to enhance the operation of section 54 of that act. Section 54 empowers the Australian Communications Authority to make a written determination defining expressions used in its legal instruments. Due to the effect of sections 46A and 49A of the Acts Interpretation Act 1901, the ACA cannot apply, adopt or incorporate certain documents including legal instruments within a determination made under section 54 of the ACA Act 1997.

The proposed amendment contained in schedule 1 to the bill will allow the ACA to incorporate other documents by reference when making a written determination under section 54 and, in doing so, will make section 54 consistent with the existing determination powers under the Telecommunications Act 1997 and the Radiocommunications Act 1992.

Schedule 2 to the bill also makes a number of amendments to the Freedom of Information Act 1982 to exempt from the application of that act certain documents related to the administration of schedule 5 to the Broadcasting Services Act 1992. Schedule 5 to the Broadcasting Services Act, which has operated since 1 January 2000, provides the regulatory framework for the control of illegal or offensive online material. This framework enables the Australian Broadcasting Authority (ABA) to investigate complaints from the public about online content, including material that is, or would be, refused classification or classified X by the classification board.

Since the release of material acquired during the course of an ABA investigation would undermine the policy and objects of the framework, it has become necessary to ensure that such material in the possession of the ABA is adequately protected. Once material is released under the FOI Act, the subsequent use or dissemination of that material cannot be controlled. The amendment contained in schedule 2 to the bill will ensure that material containing prohibited, or potentially prohibited, online content or the means of accessing such content is specifically exempt from disclosure under the FOI Act.

Schedule 3 to the bill makes a number of amendments to the Radiocommunications Act 1992 in relation to law enforcement bodies. Commonwealth, state and territory law enforcement and anticorruption bodies use licensed radiocommunications devices for covert surveillance to gather evidence in serious criminal and anticorruption investigations. Covert surveillance devices are usually operated under warrants issued by Commonwealth, state or territory courts and for evidentiary value must also be properly licensed under the Radiocommunications Act.

The proposed amendments contained in schedule 3 to the bill will enable the ACA, by disallowable instrument, to exempt the personnel of certain law enforcement and anticorruption bodies from the operation of some sections of the Radiocommunications Act dealing with unlicensed transmissions, equipment standards and interference emissions. These bodies do not fall within the traditional definition of a `police force'.

The amendments to the Radiocommunications Act will also streamline the licensing provisions of the Radiocommunications Act to enable specified bodies to lawfully operate covert surveillance devices for the specific purpose of investigating serious crime and corruption.

The proposed provisions will also expand the objects clause of the Radiocommunications Act to provide that an object of the Radiocommunications Act is to make adequate provision of the radiofrequency spectrum for use by agencies involved in the defence or national security of Australia, law enforcement and emergency services and for use by other public or community services.

Schedule 4 to the bill makes one amendment to the Telecommunications Act 1997 to abolish the specially constituted Australian Communications Authority. In 1998, a `specially constituted ACA' was established under the Telecommunications Act comprising the chairman of the ACA and six specialist `eligible associate members'. The primary purpose of the specially constituted ACA is to consider carrier applications for facilities installation permits under schedule 3 to the Telecommunications Act. In the specially constituted ACA's four years of operation, no such applications have been made. Accordingly, it is proposed to abolish the specially-constituted ACA, by repealing clause 40 of the Telecommunications Act with effect from 1 April 2003, the date on which the appointments of the eligible associate members expire. The Australian Communications Authority will then assume any residual responsibilities.

Schedule 5 to the bill makes a number of minor amendments to the Telecommunications (Consumer Protection and Service Standards) Act 1999 in relation to the National Relay Service, the revocation or variation of a customer service guarantee standard and the Telecommunications Industry Ombudsman Scheme.

The National Relay Service or NRS provides people who are deaf or have a hearing or speech impairment with access to a standard telephone service on terms comparable to the terms on which other Australians have access to that service. The NRS is provided by the Australian Communications Exchange under contract with the Commonwealth and is funded by a quarterly levy imposed on telecommunications carriers, with contributions based on shares of telecommunications revenue.

Whilst much of the information provided to honourable members by way of this second reading speech has concentrated on technical or consequential amendments to various acts, members will immediately appreciate the reformist nature of this particular provision. It is a magnificent achievement, long in the making. It has proved to be as much a technical issue as one of policy by the government, which has been driven by Senator Alston and his department. I warmly congratulate them for this significant breakthrough in providing service for hearing impaired people.

The collapse of One.Tel highlighted problems with the existing funding arrangements for the NRS as One.Tel continued to accumulate an NRS levy debt under the existing provisions of the act which could not be reallocated to other carriers and had to be absorbed by the Commonwealth.

The proposed amendments in schedule 5 to the bill will improve the mechanisms for the effective funding of the NRS and provide for a carrier's NRS levy liability to be determined by reference to the carrier's operation in the industry in the period for which the levy is assessed. It will also allow the minister to modify, by written determination, the formula for calculating each carrier's NRS levy contribution and enable the ACA to vary assessments of a carrier's NRS levy contributions.

So the government is responding to difficulties raised and issues highlighted by the collapse of One.Tel, and has built upon its earlier reforms in this area so that the level of service provided to hearing and speech impaired people is not diminished in any way. This is an example of the resolve of the government, and Senator Alston particularly, in providing an equivalent service to people with such disabilities.

The proposed amendments in schedule 5 of the bill will improve the mechanisms for the effective funding of the NRS and provide for a carrier's NRS levy liability to be determined by reference to the carrier's operation in the industry in the period for which the levy is assessed. As I said, it will allow the minister to modify, by written determination, the formula. I wanted to again stress that point because that is very much a central part of the government's determination to ensure that the levy is not diminished so as in any way to affect the level of service provided to deaf or hearing or speech impaired people.

Turning to another matter, a customer service guarantee standard made by the ACA under section 115 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 is a disallowable instrument for the purposes of the Acts Interpretation Act 1901. The proposed amendment to section 125 of that act will clarify that a revocation or variation of a customer service guarantee standard made under section 115 is also a disallowable instrument - again, highlighting the importance that we place on the service guarantee that we implemented on coming to government. The customer service guarantee has brought Telstra and the other carriers to a new level of service provision, particularly to those in rural and regional areas. We are determined to always maintain its central integrity as we have built upon it and strengthened it in previous reformist legislation.

The Telecommunications Industry Ombudsman, the TIO, was established in 1993 under the Telecommunications Act 1991 as a free dispute resolution scheme for residential and small business consumers. All carriers and eligible carriage service providers, including Internet service providers, are required to be members of the TIO Scheme.

A TIO member is charged a complaint handling fee when the TIO receives a complaint from one of the member's customers which acts as an incentive for members to develop and maintain effective complaint handling and customer service procedures. Since there have been instances where the TIO complaint handling fee has been passed on to customers, the bill contains an amendment to clarify that end users are not liable for any charge in relation to complaints made to the TIO about their telephone or Internet service.

It is good that the government has moved quickly to close such a loophole that may have been, in past instances, exploited by an Internet service provider who was less enamoured than the government and the industry generally is with providing the very best service and handling with fairness its customers.

The bill also makes an amendment to clarify that paragraph 128(6)(a) of the Consumer Protection Act, which provides that the TIO Scheme must not investigate complaints on tariff levels, does not preclude the investigation by the TIO of complaints about tariff levels pertaining to charges or fees not directly related to the supply of telecommunications carriage services, such as early contract termination fees for mobile phone services.

I commend the bill to the House and present the explanatory memorandum.

Debate (on motion by Mr Edwards) adjourned.