Bills Digest no. 45 2005–06
Telstra (Transition to Full Private Ownership)
Bill 2005
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
Telstra
(Transition to Full Private Ownership) Bill
2005
Date
Introduced: 8
September 2005
House: Senate
Portfolio: Communications Information Technology
and the Arts
Commencement:
Sections 1 to 5 and
Schedule 1, Part 1 commence on the day that the Act receives Royal
Assent. Schedule 1, Part 2 commences on the day declared as the
designated day under section 3. Schedule 1, Part 3 commences on the
day declared as the 85% sale day under section 4.
The Telstra (Transition to Full
Private Ownership) Bill 2005 ( Bill ) introduces amendments to the
Telstra Corporation Act 1991 ( Telstra Act ) to
remove the requirement that the Commonwealth retain a minimum 50.1
per cent equity in Telstra. This will enable, but not require, the
sale of the Commonwealth s remaining interests in Telstra.
The Bill also makes the necessary consequential and transitional
amendments to legislation to recognise the Commonwealth s reduced
equity in Telstra.
This Bill is largely derived from the Telstra
(Transition to Full Private Ownership) Bill 2003 ( 2003 Bill ). The
Digest
for the 2003 Bill provides a background to the ongoing debate on
the privatisation of Telstra.(1)
This is one of 5 interdependent Bills related to the sale of the
Commonwealth s interests in Telstra. Other Bills deal with;
-
the separation of Telstra business units and new regulatory
settings (Telecommunications Legislation Amendment (Competition and
Consumer Issues) Bill 2005). A digest for this Bill will be
available soon.(2)
-
the Communications Fund proposed to be set aside from the sale
proceeds to provide for regional services (Telecommunications
Legislation Amendment (Future Proofing and Other Measures) Bill
2005). A digest for the Bill is
available.(3)
-
appropriation of funds to provide such services independently of
the Fund (Appropriation (Regional Telecommunications Services) Bill
2005 06). A digest for the Bill is
available.(4)
-
other measures concerning the funding of industry codes
(Telecommunications (Carrier Licence Charges) Amendment (Industry
Plans and Consumer Codes) Bill 2005). A digest for the Bill is
available.(5)
The Bill has three main elements:
-
amendments which take effect from the day of Royal Assent, being
those provisions required to put in place the scheme to sell the
Commonwealth s shares in Telstra
-
amendments which take effect from the day on which it is
declared by the Minister that the majority of shares in Telstra are
held by a person other than the Commonwealth (the designated day ).
In broad terms, the purpose of the amendments is to reflect in
other legislation that Telstra is no longer a Commonwealth
authority or entity once the Commonwealth no longer holds the
majority share in the company, and
-
amendments which take effect from the day on which it is
declared by the Minister that 85% of shares in Telstra are held by
a person other than the Commonwealth. In broad terms, on this day,
Telstra s reporting obligations end as does the Minister s power to
give directions to Telstra and the Minister s power to direct
Telstra not to engage in equity dilution
The speed with which the Government has
introduced the Bills and scheduled debates has been criticised by
other Parliamentary parties.(6) In response to these
criticisms the Prime Minister has said:(7)
this is an issue that has been trawled over,
debated, inquired into, looked at, analysed, and pulled apart by
different committees and different groups over the years. I mean
people who say that we have never inquired into Telstra before are
ignoring a number of years of different Senate inquiries and the
procedure that the Senate is adopting in relation to this
particular Bill is exactly the same as the Senate has adopted in
relation to a host of other pieces of legislation . that complaint
might have substance if this issue had not been on the public
agenda for years and years. It has been and therefore the attention
it s been given is entirely appropriate.
While it true that the sale of Telstra has been a part this
Government s election platform in at least four elections, a
critically important aspect of the proposal the regulatory setting
in which Telstra would operate was revealed for the first time when
these Bills were introduced on 7 and 8 September 2005. In their
execution, these proposals for regulatory reform particularly for
the separation of Telstra s business units differ from previous
proposals. These proposals did not find favour amongst those who
made representations to the Senate Inquiry which was convened
eighteen hours after these Bills were introduced.(8)
These matters are dealt with in the Digest for the
Telecommunications Legislation Amendment (Competition and Consumer
Issues) Bill 2005.
In recognition of the short time between introduction and
debate, this Bills Digest draws on the Digest for the 2003 Bill and
highlights some of the key differences in the current Bill.
In her Second Reading Speech for this Bill and
the Telecommunications Legislation Amendment (Competition and
Consumer Issues) Bill 2005, Senator Helen Coonan, stated
that:(9)
this legislation forms a broad, integrated package
that is designed to:
-
provide an appropriate framework for a Telstra sale scheme;
-
provide a settled regulatory framework that promotes an open,
competitive telecommunications market;
-
address concerns, particularly of rural and regional Australia
about the adequacy of telecommunications services now, and into the
future; and
-
reinforce the universal service obligation, digital data service
obligation and the customer service guarantee.
The Government s long expressed reason for selling Telstra is
that its role as regulator and shareholder conflict.(10)
The conflict arises because the Commonwealth s position as the
majority shareholder could operate to compromise its role in
regulating to provide efficient, competitive telecommunications
markets.
As shareholder, the Commonwealth s immediate interests
lie in increasing, or at least preserving, the value of its
shareholding. Some of Telstra s derives from its significant (in
some cases, monopoly) power. The maintenance of this monopoly
power, however, is the thing that, as regulator, it seeks
to avoid. Rather, it seeks increase competition (which implicitly
means reducing the monopoly power of Telstra) with the object of
increasing the long term interests of end
users.(11) Put simply, regulating Telstra in
the interests of end users may not be in the interests of Telstra
shareholders and acting in the interests of Telstra shareholders
(of which the Commonwealth is the largest) may disadvantage end
users.
Much of the support for the Commonwealth keeping its present
interest in Telstra appears to be either ideological (as, commonly,
is support for the sale) or based on a view that, if the
Commonwealth divested its interest, Telstra might abandon some of
its social obligations. Whether or not that is likely to be so, the
premises underpinning these arguments bear examination.
The Commonwealth has 3 sources of formal power over Telstra:
-
Its majority voting power at a general meeting, by virtue of its
51.8% shareholding
-
Its power under the subsection 9(1) of the Telstra
Act to give to Telstra such written directions in relation to
the exercise of the powers of Telstra as appear to the Minister to
be necessary in the public interest
-
Its legislative power to regulate telecommunications
generally
Each of these powers is subject to different limitations which
mean that the scope of the powers may differ. For instance;
-
the exercise of majority voting power may be constrained by the
duties of the directors under the Corporations Act to act in the
interests of the company and by certain rights of minority
shareholders.
-
The Minister s separate statutory power under section 9 of the
Telstra Act to is also limited because Minister must not
must not give a direction in relation to the amounts to be charged
for work done, or services, goods or information supplied, by
Telstra .(12)
-
The power to legislate is subject to constitutional
limitations.
While it is beyond the scope of this digest to compare the scope
of these powers in detail, it is clear that only the first of these
sources of power depends on the Commonwealth s majority ownership.
In the absence of majority ownership, the Commonwealth retains two
sources of control over Telstra.
The legislative power is, of course, already widely
used to force particular outcomes in the public interest: examples
include the Universal Service Obligation, the Digital Data Service
Obligation and the Customer Service Guarantee. This power clearly
does not depend on majority ownership. The power to direct
Telstra under section 9 of the Telstra Act, although not
much used, will also, under this Bill, survive until such time as
more than 85% of the shares are in not in Commonwealth
ownership.(13)
This is not to say that the power that comes from majority
ownership is entirely duplicated by other powers. It is merely to
lay open to scrutiny the assumptions that appear to exist about the
significance of the Commonwealth s ownership of Telstra shares;
that it is entitled to use its voting power to control the
investment and operational decisions of the company; that it would
necessarily do so for social ends rather to further the interests
of shareholders (including itself) and that (even if these
propositions were true) the same results could not be achieved more
transparently by direction, regulation and targeted spending. These
assumptions are not necessarily true.
Notwithstanding the above remarks, the Commonwealth s majority
ownership may, nonetheless, have unquantifiable effects on the
corporate culture of Telstra.
The focus in much of the public debate on ownership, while
important to many, has shadowed debate on a critical issue; the
regulatory setting for a privately owned Telstra. These issues have
tended to become confused in this debate. The regulatory settings
and manner the Government proposes to change them, is dealt with in
the digest for the Telecommunications Legislation Amendment
(Competition and Consumer Issues) Bill 2005
The Labor Party opposes the sale of Telstra, believing that the
best way to guarantee regional and rural telecommunications service
is for the Commonwealth to retain a majority equity in
Telstra.(14)
The Democrats oppose the full sale of Telstra, and do not see
that the Commonwealth s ownership of Telstra and regulation of the
telecommunications industry as incompatible or
illogical.(15)
The Greens are on record as opposing the
privatisation of Telstra.(16) At the time the Bill was
introduced into the Senate, Senator Brown strongly criticised the
four policy objectives of the Government in introducing the
legislation.(17)
With the Coalition Government holding 39 of the 76 seats in the
Senate, the vote of newly elected Senator Barnaby Joyce has been a
major focus in the debate on the sale of Telstra. In late August,
prior to the introduction of the legislative package to sell
Telstra, Senator Joyce was reported as saying that he supported the
sale of Telstra on the condition that tougher safeguards were
introduced to guarantee the quality of service and investment in
basic services.(18)
Following the introduction of the legislative package, and the
one day Senate Committee hearing, Senator Joyce was reported as
saying he s not comfortable with the legislation and would need
more time to consider the sale.(19)
In evidence to the Senate Environment, Communications,
Information Technology and the Arts Legislation Committee, Ms Kate
McKenzie, Telstra s Managing Director, Regulatory,
stated:(20)
I think, like others before us, we are still going
through the details of the legislation. I think the company has
made public its position that it supports the privatisation of the
company. Obviously, as we have just discussed, we have some
concerns about some of the provisions of the other bills.
Mr Peter Corish, President of the National Farmers Federation in
evidence to the Senate Environment, Communications, Information
Technology and the Arts Legislation Committee said:
(21)
We are not taking a position on the sale until we
see evidence that those problems are going to be addressed. We have
not changed our position on that now for two years. We have
continued to say it and we will continue to say it. We now have the
opportunity to view the legislation, but we do not have a lot of
time to do it. We will do that over the next couple of days. A
policy council meeting of the NFF is to be held on Monday night and
we will be making some significant decisions then about what our
position is.
The Bill removes the requirement that the Commonwealth s
interest in Telstra must not drop below 50.1 per cent. It is silent
about the timing of any divestiture of the Commonwealth s interest.
The Explanatory Memorandum states that the timing of any
sale or sales will, of course, depend on prevailing market
conditions .(22)
Like the 2003 Bill, this Bill uses the concept of sale-scheme
hybrid securities for the sale of Telstra. A hybrid security is one
that combines two or more different financial instruments.
Essentially, the Bill proposes a scheme under which ordinary
Telstra shares are transferred to different categories of security
issuers, which will issue hybrid securities instead of ordinary
Telstra shares.
Category A hybrid security issuers are the wholly Government
owned issuers. Category B hybrid security issuers are other
non-wholly Government owned issuers as designated by the Minister
for Finance.
The purpose of the sale-scheme hybrid securities is to provide
flexibility to the sale scheme.(23)
The Bill provides that on the day that the Minister declares
that a person other than the Commonwealth holds the majority of
shares in Telstra, a reaffirmation by Parliament to the universal
service obligation, the digital data service obligation and the
customer service guarantee will be inserted into the Telstra
Act.
It is unclear what purpose, if any, the insertion of this novel
provision into the Telstra Act serves.
The operative provisions of the Bill rely on a declaration by
the Minister that a certain percentage of shares in Telstra are
held by persons other than the Commonwealth.
For the purposes of determining the quantum of the Commonwealth
s equity in Telstra, shares in Telstra which are invested in either
the Communications and Future Funds are held by a person other than
the Commonwealth.
Effectively, this means that the Government s moves to fully
privatise Telstra are not delayed by the fact that shares are
invested in the Communications or Future Funds.
A number of provisions in the Bill relate to declarations or
determinations by the Minister. These declarations and
determinations are for the most part legislative instruments for
the purposes of the Legislative Instruments Act 2003.
In some cases, these legislative instruments are specifically
exempted from the provisions in section 42 of the Legislative
Instruments Act 2003 which provides for the disallowance of
legislative instruments by Parliament.
Exempting legislative instruments from disallowance does
undermine the role of the Parliament in scrutinising these
instruments. However, if the disallowance provisions were not
exempted then the Parliament could interfere with the sale late in
the process, particularly after the majority of equity had passed
from control of the Commonwealth.
Once 85 per cent of Telstra shares are held by
persons other than the Commonwealth, the Bill provides for repeal
of:
-
Telstra s reporting obligations to the Minister under Division 3
Part 2 of the Telstra Act
-
the Minister of Finance s authority to give directions to
Telstra not to dilute the Commonwealth s equity in Telstra, and
-
the provisions in the Telstra Act giving authority to
the Minister to give directions to Telstra.
The repeal of the Minister s authority to give
directions to Telstra was not contained in the 2003 Bill.
Clauses 3 and 4 of the Bill define two future
points in time:
the
designated day - the first day on which a person other than the
Commonwealth holds a majority of shares in Telstra, and
the 85% sale
day - the first day on which a person other than the Commonwealth
holds 85% of the shares in Telstra.
The key aspect of Part 1 of Schedule
1 is the removal of the constraint on the Commonwealth
retaining a 50.1 per cent majority in Telstra. The provisions in
Part 1 also put in place the necessary amendments to the
Telstra Act to establish the scheme by which Telstra
shares (or sale-scheme hybrid securities ) can be sold.
The designated day and the 85% sale day are
trigger dates for the amendments to various legislation set out in
Parts 2 and 3 of Schedule 1 which
are made necessary by the privatisation of Telstra. The legislation
amended by Schedules 2 and 3 relate to:
employment
conditions for Telstra employees
review of
administrative decisions by Telstra
freedom of
information requests to Telstra, and
the role of
the Ombudsman with respect to Telstra.
Clause 3(1) provides for the Minister to make a
declaration that a particular day is the designated day . The
designated day is defined as the first day following commencement
of Part 1 of Schedule 1 of the Act on which, in the opinion of the
Minister, the majority of voting shares in Telstra are held by
person(s) other than the Commonwealth.
Clause 3(3) stipulates that, for the purposes
of section 3, where a share is held by the Communications Fund
(established by the Telecommunications Legislation Amendment
(Future Proofing and Other Measures) Bill 2005) or the Future Fund
(which is yet to be established) then the share is taken to be held
by someone other than the Commonwealth.
Clause 3(4) stipulates that borrowed shares
disposed of by the Commonwealth (the definition of which includes
category A hybrid security issuer company) to a borrower under a
securities lending arrangement are to be taken as being held by the
Commonwealth for the period those shares are held by the
borrower.
The declaration of the designated day is a legislative
instrument for the purposes of the Legislative Instruments Act
2003. However, clause 3(5) specifically
exempts the declaration of the designated day from the disallowance
provisions in the Legislative Instruments Act 2003.
Clause 4(1) provides for the Minister to make a
declaration that a particular day is the 85% sale day . The 85%
sale day is defined as the first day after the commencement of Part
1 of Schedule 1 of the Act on which 85% of the voting shares in
Telstra are held by person(s) other than the Commonwealth.
Clause 4(3) stipulates that, for the purposes
of section 4, where a share is held by the Communications Fund or
the Future Fund then the share is taken to be held by someone other
than the Commonwealth.
Clause 4(4) stipulates that borrowed shares
disposed of by the Commonwealth to a borrower under a securities
lending arrangement are to be taken as being held by the
Commonwealth for the period those shares are held by the
borrower.
The declaration of the designated day is a legislative
instrument for the purposes of the Legislative Instruments Act
2003. However, section 4(5) specifically
exempts the declaration of the designated day from the disallowance
provisions in the Legislative Instruments Act 2003.
Part 1 of Schedule 1 sets out the amendments to
the Telstra Act which take effect from the date of Royal
Assent.
Items 1 5 insert into the Telstra Act
new definitions for:
-
category A hybrid-security issuer company a hybrid-security
issuer company that is not a category B hybrid-security issuer
company
-
category B hybrid-security issuer company which is defined in
section 8AJ(6B) (inserted by item 13) as being a
hybrid security issuer company (other than a wholly-owned
Commonwealth company) specified in a written declaration by the
Minster for Finance
-
Communications Fund and Future Fund as established by laws of
the Commonwealth, and
-
hybrid-security issuer company which is defined in section 8AJ
(inserted by item 12) to be a designated
company
Item 7 removes a statement from
the simplified outline of the Part 2 of the Telstra Act (
Commonwealth ownership of Telstra ) that the Commonwealth must
retain 50.1% equity in Telstra and inserts a statement that the
Commonwealth may sell its remaining equity interest in Telstra.
Item 8 is the key provision in
the Bill as it provides for the repeal of Division 2 of Part 2 of
the Telstra Act ( Commonwealth to retain majority
ownership of Telstra ), effectively removing the requirement on the
Commonwealth to retain a majority (50.1%) share in Telstra.
Items 9 16 set out the amendments to section
8AJ of the Telstra Act ( Telstra sale scheme ) to put in
place the mechanical provisions for the Commonwealth to sell
further shares in Telstra.
Item 10 broadens the definition
of a Telstra sale scheme (section 8AJ (2) of the Telstra
Act) to include a scheme which has as its object the transfer
of whole or a part of the Commonwealth s equity in Telstra
(emphasis added).
Item 11 makes provision for the Minister for
Finance to make a written determination setting out the rules to be
complied with by a Telstra sale scheme. The determination of rules
for the Telstra sale scheme is a legislative instrument for the
purposes of the Legislative Instruments Act 2003. However,
item 11(3) specifically exempts the declaration of
the designated day from the disallowance provisions in the
Legislative Instruments Act 2003.
Item 12 inserts new methods by
which a Telstra sale scheme may be achieved, including:
-
the issue by the Commonwealth or Telstra of sale-scheme
hybrid securities
-
an arrangement by which designated companies issue sale-scheme
hybrid securities
-
the guarantee by the Commonwealth of the obligations of a
hybrid-security issuer company in relation to sale-scheme hybrid
securities, and
-
by a security leading arrangement for shares in Telstra.
Items 13 15 insert new definitions into the
Telstra Act to effect the Telstra sale scheme.
Item 16 inserts into the Telstra Act a
new section 8AJA which defines a sale-scheme
hybrid security, as being any one of a combination of securities
which can be redeemed in exchanged for share(s) in Telstra.
These securities may be issued in or outside of Australia, in
Australian or foreign currency.
Section 8AK of the Telstra Act provides that the
transactions by the Commonwealth (and sale-scheme trustees) in
relation to the sale of shares in Telstra is exempt from stamp
duty. Item 17 and 18 insert into section 8AK new
definitions so that the transfer of sale-scheme hybrid securities
is also exempt from stamp duty.
Item 19 inserts into section 8AL (
Appropriation costs incurred by a Telstra sale scheme ) a new
subsection (3) specifically stating that appropriations from the
Consolidated Revenue Fund for the purposes of discharging costs and
expenses in relation to the Telstra sale scheme are not authorised
following the commencement of the subsection. Item 23 and
28 insert identical subsections into sections 8AS (
Reimbursement of expenses incurred in giving assistance ) and 8BA (
Compensation constitutional safety-net ).
Item 24 inserts into the Telstra Act a
new provision providing a defence to the Commonwealth from
allegations of insider trading in relation to shares in Telstra,
sale-scheme hybrid securities or a Telstra sale scheme by virtue of
information in the possession of Commonwealth officers by providing
for a Chinese wall arrangement .
Item 27 inserts a new section
8AYA which requires that Telstra notify the Minister for
Finance of equity-dilution conduct (defined as conduct outside of a
Telstra sale scheme which may result in dilution of the
Commonwealth s equity in Telstra) or security-issue conduct
(defined as conduct that consists of the issue of a security or a
financial product ).
The Minister for Finance may give notice to Telstra not to
engage in equity-dilution or security-issue conduct
(section 8AYA (7)), and that notice is not a
legislative instrument for the purposes of the Legislative
Instruments Act 2003 (section 8AYA (11)).
While Telstra must comply with a notice given by the Minister
for Finance (section 8AYA(8)), failure to comply
is not an offence, but is grounds for an injunction as provided for
in Division 1, Part 2B of the Telstra Act (section
8AYA(9)).
Again, for the purposes of the provision, shares in the
Communications Fund and Future Fund are taken to be held by a
person other than the Commonwealth (section
8AYA(10)).
The new section 8AYA is repealed once the 85%
sale day is declared (see item 71).
Item 27 also inserts a new section
8AYB provides that the Minister may give a direction for
Telstra to provide information relevant to determining if a
particular day is the designated day or the 85% sale day.
Item 27 also insets a new section
8AYD which provides that where legislation requires a
determination to be made as to whether the Commonwealth has a
controlling interest in Telstra then the shares invested in the
Communications or Future Funds are held by persons other than the
Commonwealth.
Item 36 inserts a new Part 2C
which deals with the Parliament s re-affirmation of the universal
service obligation, the digital data service obligation and the
customer service obligation.
Item 38 inserts new provisions into clause 12 (
Direct control interests in a company ) of the Schedule to the
Telstra Act. The new subclause 12 (4AA)
reiterates that in determining the controlling interest in Telstra,
shares invested in the Communications or Future Funds are held by
persons other than the Commonwealth. Subclause 12
(4AB) provides that other Telstra shares held by the
Commonwealth and specified by the Minister in a declaration, are to
be taken to be held by persons other than the Commonwealth.
Part 2 of Schedule 1 sets out the amendments to
other legislation which come into effect on the designated day
(i.e. the day declared by the Minister as the day on which the
majority of Telstra is owned by persons other than the
Commonwealth).
The purpose of the amendments is to reflect in other legislation
that Telstra is no longer a Commonwealth authority or entity once
the Commonwealth no longer holds the majority share in the
company.
Additionally, the amendments provide the necessary transitional
arrangements to enable matters in process under the relevant
legislation to be finalised.
The following Acts are amended by the provisions in Part 2 of
Schedule 1, or have provision made for transitional
arrangements:
Administrative Decisions (Judicial Review)
Act 1977 (item 41)
-
Archives Regulations (item 42)
-
Australian Security Intelligence Organisation Act 1979
(items 43 46)
-
Freedom of Information Act 1982 (item
47)
-
Freedom of Information (Miscellaneous Provisions) Regulations
1982 (items 48- 51)
-
Long Service Leave (Commonwealth Employees) Regulations 1957
(item 52)
-
Maternity Leave (Commonwealth Employees) Regulations
(item 53)
-
Ombudsman Regulations 1977 (item 54 - 56)
Items 57 63 insert definitions
into the Telstra Act consequent to the new Part 3A.
Item 64 inserts a new
Part 3A into the Telstra Act to deal with
transitional provisions for matters that require residual
Commonwealth legal effect. These include employees long service and
maternity leave calculations for service period that were accrued
as Commonwealth employees.
Part 3 of Schedule 1 sets out amendments to the
Telstra Act that take effect on the 85% sale day (i.e. the
day declared by the Minister as the day on which 85% of equity in
Telstra is held by persons other than the Commonwealth).
Item 67 repeals Division 3, Part 2 of the
Telstra Act which relates to Telstra s reporting
requirements. Items 68, 69 and 70 make
consequential amendments caused by the repeal of Division 3, Part
2.
Item 71 repeals section 8AYA, being the
provisions in relation to the power of the Minister for Finance to
give a direction to Telstra not to engage in equity-diluting or
security-issue conduct.
Item 72 repeals Part 3 of the Telstra
Act ( Operation of Telstra ). Effectively item
71 repeals the section giving the Minister authority to
give directions to Telstra.
Concluding Comments
This Bill is the centrepiece of the legislative package for
effecting the Government s long held objective of fully privatising
Telstra.
The majority of provisions in the Bill are not new and are based
largely on the 2003 Bill. In relation to the Bill itself, some
differences arise in consequence of the Future Fund and the
Communications Fund. The important elements of this package of
Bills are found in the Bill dealing with the regulatory
requirements to be imposed on a privatised Telstra and the
telecommunications sector generally. These are found in the
Telecommunications Legislation Amendment (Competition and Consumer
Issues) Bill 2005.
-
Brendan Bailey, Telstra (Transition to Full Private
Ownership) Bill 2003 , Bills
Digest, no. 10, Department of Parliamentary Library,
Canberra, 2003 04.
-
Jonathan Chowns, Telecommunications Legislation Amendment
(Competition and Consumer Issues) Bill 2005 , Bills Digest, no. 46,
Parliamentary Library, Canberra, 2005 06.
-
Katrina Gunn and Jonathan Chowns, Telecommunications Legislation
Amendment (Future Proofing and Other Measures) Bill 2005 ,
Bills
Digest, no. 44, Parliamentary Library, Canberra, 2005
06.
-
Richard Webb, Appropriation (Regional Telecommunications
Services) Bill 2005-2006, Bills
Digest, no. 42, Parliamentary Library, Canberra, 2005
06.
-
Jonathan Chowns and Ann Palmer, Telecommunications (Carrier
Licence Charges) Amendment (Industry Plans and Consumer Codes) Bill
2005 , Bills
Digest, no. 41, Parliamentary, Canberra, 2005 06.
-
See: Senator Bob Brown, Second Reading: Telstra
(Transition to Full Private Ownership) Bill 2005 and
Telecommunications Legislation Amendment (Competition and Consumer
Issues) Bill 2005 , Senate, Debates, 8 September 2005, p.
28; Senator Stephen Conroy, Senate Environment, Communications,
Information Technology and the Arts Legislation Committee Hearing 9
September 2005, p. 2; Senator Lyn Allison,
Deception and Arrogance Drive Telstra Sale, media release,
7 September 2005.
-
Prime Minister John Howard,
Doorstop Interview Department of Foreign Affairs and Trade,
Canberra, 9 September 2005.
-
http://www.aph.gov.au/senate/committee/ecita_ctte/sale_telstra/index.htm
-
Senator the Honourable Helen Coonan (Minister for Communication,
Information Technology and the Arts), Second Reading Speech:
Telstra (Transition to Full Private Ownership) Bill 2005 and
Telecommunications Legislation Amendment (Competition and Consumer
Issues) Bill 2005 , Senate, Debates, 8 September 2005, p.
26.
-
See for example David Humphries and Louise Dodson,
We were gagged: PM s line on Telstra , The Sydney Morning
Herald, 8 September 2005, p. 1.
-
section 152AB of the Trade Practices Act 1974 provides that the
object of Part XIC of the Act (the access regime) is to promote the
long-term interests of end-users of carriage services or of
services provided by means of carriage services.
-
Telstra Act, subsection 9(2).
-
Item 72.
-
See: The Labor Party website at http://www.alp.org.au/policy/index.php#communications,
accessed 11 September 2005; and Senator Stephen Conroy,
The Telstra sell out begins, media release, 1 August
2005.
-
See Democrats website at:
http://www.democrats.org.au/docs/2004/COMMUNICATIONS_Telecommunications.pdf,
-
See Senator Bob Brown, Greens will keep Telstra in public hands
, media release, 13 September 2005, available at:
http://greens.org.au/mediacentre/mediareleases/senatorbrown/sept04/13093/view?searchterm=telstra,
-
See: Senator Bob Brown, Second Reading: Telstra (Transition to
Full Private Ownership) Bill 2005 and Telecommunications
Legislation Amendment (Competition and Consumer Issues) Bill 2005 ,
op. cit., pp. 28 29.
-
David Crowe and Tony Boyd,
Nats give all-clear to Telstra sale , The Australian,
25 August 2005, p. 1.
-
See ABC NewsOnline website: http://www.abc.net.au/news/newsitems/200509/s1457696.htm.
-
Senate Environment, Communications, Information Technology and
the Arts Legislation Committee Hearing, 9 September 2005, p.
72.
-
Senate Environment, Communications, Information Technology and
the Arts Legislation Committee Hearing 9 September 2005, p. 59.
-
Explanatory Memorandum, Telstra (Transition to Full
Private Ownership) Bill 2005, p. 11.
-
Explanatory Memorandum, op. cit., p. 14.
Ann Palmer and Jonathan Chowns
13 September 2005
Bills Digest Service
Information and Research Services
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