Regulation Impact Statement Updates

Official website for publishing regulatory impact analysis information for regulatory decisions announced by the Australian Government, COAG and COAG Councils.

National Broadband Network Companies Bill 2010, Telecommunications Legislation Amendment (National Broadband Network Measures – Access Arrangements) Bill 2010 – Department of Broadband, Communications and the Digital Economy

Aust Gov
6th December 2010

On 7 April 2009, the Government announced the establishment of a new company, NBN Co Limited (‘NBN Co’), to build and operate a new National Broadband Network (NBN). The (then) Prime Minister granted an exemption from the Regulation Impact Statement requirements on the basis of exceptional circumstances for that decision, including for the key principles for the governance, ownership and operating arrangements for the wholesale-only NBN company and for the access regime to facilitate open access to the NBN for retail level telecommunications service providers.

On 25 November 2010, the Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, announced the introduction of legislation implementing the Government’s commitments. The National Broadband Network Companies Bill 2010 establishes the regulatory framework covering the ownership and operations of NBN Co, and the arrangements for the eventual sale of the Commonwealth’s stake in NBN Co. The Telecommunications Legislation Amendment (National Broadband Network Measures-Access Arrangements) Bill 2010 amends the Competition and Consumer Act 2010 and the Telecommunications Act 1997 to introduce new access, transparency and non-discrimination obligations relating to the supply of wholesale services by NBN Co Limited. It also extends technical and open access obligations to owners of other superfast networks.

Regulation Impact Statements (RISs) were required for elements of the package of legislation that was introduced, where they represented the further development of the original policy. The four elements for which RISs were required were: defining the entities to which NBN Co.’s wholesale-only obligations apply; regulating access to NBN Co.’s services (standard access obligations) and the equivalence obligation imposed on NBN Co.; providing greater legal certainty regarding allowable and prohibited discrimination; and measures to provide a level playing field for the provision of superfast broadband.

The RISs have been approved by the OBPR.

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