Bills Digest no. 67 2015–16
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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.
Dr Rhonda Jolly
Social Policy Section
21 January 2016
Purpose
of the Bill
Structure of the Bill
Background
Committee consideration
Policy position of non-government parties/independents
Position of major interest groups
Financial implications
Statement of Compatibility with Human Rights
Key issues and provisions
Date introduced: 2 December
2015
House: House of
Representatives
Portfolio: Communications
and the Arts
Commencement: The
later of: the day after the Act receives Royal Assent or immediately after the
commencement of the Communications Legislation Amendment (Deregulation and
Other Measures) Act 2015 (in the event the Communications Legislation
Amendment (Deregulation and Other Measures) Act 2015 does not commence, the
provisions in the Bill will not commence either).
Links: The links to the Bill,
its Explanatory Memorandum and second reading speech can be found on the
Bill’s home page, or through the Australian
Parliament website.
When Bills have been passed and have received Royal Assent, they
become Acts, which can be found at the ComLaw
website.
The purpose of the Telecommunications (Numbering Charges)
Amendment Bill 2015 (the Bill) is to make consequential amendments to the Telecommunications
(Numbering Charges) Act 1997 to reflect changes made by the
Communications Legislation Amendment (Deregulation and Other Measures) Bill
2015.[1]
The Communications Legislation Amendment (Deregulation and
Other Measures Bill) 2015 intends to establish a framework through which the
telecommunications industry may develop a scheme to self-manage telephone
numbering.[2]
The amendments in this Bill are intended to ensure that numbering charges will
continue to be levied on the telecommunications industry in the event of the
change to an industry based system.
This Bill consists of one Schedule which repeals current
definitions used in the Telecommunications (Numbering Charges) Act 1997
and inserts new definitions to allow for the possible commencement of an
industry-based numbering scheme.
The Telecommunications Act 1997 gave the then broadcasting
regulator legislative responsibility for the specification and allocation of
numbers for use in telecommunications services.[3]
The current regulator, the Australian Communications and
Media Authority (ACMA), is required to manage telecommunications numbers as a
national resource for the public good and for the benefit of end users. It does
this through the Numbering Plan. The first Numbering Plan commenced in December
1997 and remained in place until ACMA introduced a revised Plan as the original
plan was due to sunset at the end of 2015. The revised Plan takes into
consideration input from industry and public consultation and was introduced
for a number of reasons, including the intention to simplify application and
decision-making processes.
The main objectives of the 2015 Plan are to:
- establish
an effective and efficient framework for the numbering of carriage services in
Australia which has regard to recognised international standards
- establish
an effective and efficient framework for the use of numbers in connection with
the supply of such services
- specify
the numbers for use in connection with the supply of carriage services to the
public in Australia and
- establish
an effective and efficient framework for the allocation and portability of
numbers.[4]
The 2015 Plan provided for ACMA’s numbering
allocation and administrative services to be outsourced, a situation which ACMA
argued would ‘deliver significant cost savings to industry’ following the provision
of service through ZOAK Solutions from August 2015.[5]
At the time of writing this Digest, the Senate Scrutiny of
Bills Committee had not commented on the Bill.
On 3 December 2015 the Senate Selection of Bills Committee
deferred consideration of this Bill to its next meeting.[6]
At the time of writing this Digest it appears there has
been no comment made by non-government parties or independents on the provisions
in this Bill.
Communications Alliance, the primary telecommunications
industry body in Australia, has welcomed the introduction of this Bill and the
Communications Legislation Amendment (Deregulation and Other Measures) Bill
2015, labelling them ‘sensible deregulatory reform, toward which industry has
been working with Government for some time’.[7]
The Alliance has noted that similar arrangements elsewhere
have produced ‘more agile, cost-effective and dynamic systems for managing numbering’
and this has been to the benefit of consumers and industry alike.[8]
While it appears that there have been no other comments made
in relation to the introduction of an industry‑based numbering scheme it
is worth noting that in 2012 the Australian Communications Consumer Action
Network commented on the importance of numbering policy ‘in
achieving availability of accessible and affordable services that enhance the
welfare of all Australians’.[9]
It is likely, therefore, that this group, and perhaps other consumer groups,
may want to know the details of any industry-based scheme before voicing
support for change.
It is interesting that ZOAK Solutions, the company involved
in the administration of ACMA’s updated Numbering Plan noted that feedback from
‘several industry participants is that the new system provides an outstanding
customer experience because it is an intuitive system that is simple to use’.[10]
According to industry assessment, this Bill and the
Communications Legislation Amendment (Deregulation and Other Measures Bill 2015,
devolving the management of the numbering system will deliver lower charges for
customers.[11]
It is expected that the industry will also benefit financially from the ACMA’s
reduced role in management of the numbering system.[12]
The Minister has noted that the legislation will not affect the collection of
charges for the holding of numbers. These earn the Government $60.0 million a
year in revenue.[13]
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the Bill’s
compatibility with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of that Act. The Government
considers that the Bill is compatible.[14]
At the time of writing this Bills Digest, the
Parliamentary Joint Committee on Human Rights had not commented on the Bill.
Items 1, 3, 4 and 5 of the Bill will repeal the
existing definitions of the terms ‘allocation’, ‘surrendered’, ‘transferred’
and ‘withdrawn’ and replace them with definitions that will be compatible with the
establishment of an allocation system which is managed by a ‘numbering scheme
manager that is not ACMA’; in other words, an industry-based scheme manager. Item
2 will insert two new definitions: so that numbering scheme manager
has the same meaning as in the Telecommunications Act 1997 and a definition
of ported clarifies the circumstances under which a number can be
transferred from one carriage service provider to another.[15]
Items 6 and 7 insert new subsections. Item 6
clarifies that a number can be transferred if this is done in accordance with
the rules and processes of the numbering scheme manager or the ACMA numbering
plan and item 7 stipulates that the numbering scheme manager, if one exists,
must be notified of the transfer. The Explanatory Memorandum notes the
importance of these provisions ‘in ensuring charges are properly levied’.[16]
Proposed definitional changes and insertions in the Telecommunications
(Numbering Charges) Act 1997 make clear that if there is no numbering
scheme manager then numbering will be allocated by a numbering plan made by
ACMA.
Members, Senators and Parliamentary staff can obtain
further information from the Parliamentary Library on (02) 6277 2500.
[1]. Telecommunications
(Numbering Charges) Act 1997, accessed 18 January 2016.
[2]. Parliament
of Australia, ‘Communications
Legislation Amendment (Deregulation and Other Measures) Bill 2015 homepage’,
Australian Parliament website, accessed 20 January 2016.
[3]. Telecommunications Act
1997, Part 22, accessed 11 December 2015.
[4]. Telecommunications
Numbering Plan 2015, accessed 11 December 2015.
[5]. Australian
Communications and Media Authority (ACMA), Streamlined
numbering plan signals new era, media release, 23 March 2015, accessed
11 December 2015.
[6]. Senate
Standing Committee for Selection of Bills, Report,
16, 2015, The Senate, Canberra, 3 December 2015, accessed 16 December 2015.
[7]. Communications
Alliance, Industry
welcomes government move to facilitate an industry-based scheme to manage
telephone numbering, media release, 2 December 2015, accessed 11
December 2015.
[8]. Ibid.
[9]. Australian
Communications Consumer Action Network (ACCAN), Submission
to ACMA, Telephone numbering: future directions, February 2012, p. 3,
accessed 11 December 2015.
[10]. ZOAK
Solutions, ‘ZOAK Solutions switches on Australia’s new numbering system’,
ZOAK Solutions website, n.d., accessed 11 December 2015.
[11]. Communications
Alliance, media release, op. cit.
[12]. P
Fletcher, ‘Second
reading speech: Communications Legislation Amendment
(Deregulation and Other Measures) Bill 2015’, House
of Representatives, Debates, 2 December 2015, p. 14439, accessed 11
December 2015..
[13]. ACMA,
Annual
report 2014–15, p. 16, accessed 11 December 2015.
[14]. The
Statement of Compatibility with Human Rights can be found at pages 3–5 of the Explanatory
Memorandum to the Bill, accessed 11 December 2015.
[15]. The
definition of ‘numbering scheme manager’ will be inserted into the Telecommunications
Act 1997 by item 4 of Schedule 6 of the Communications Legislation
Amendment (Deregulation and Other Measures) Bill 2015.
[16]. Explanatory
Memorandum, Telecommunications (Numbering Charges) Amendment Bill 2015, p.
34, accessed 19 January 2016.
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