Regulation Impact Statement Updates

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

Establishment of the NBN and Government Response to the NBN Implementation Study

Post-implementation Reviews
19th May 2016

Post-implementation Review – Department of Broadband, Communications and the Digital Economy

In April 2009, the then Government announced the establishment of the National Broadband Network (NBN). In December 2010, the then Government announced its response to the NBN Implementation Study. Both announcements were exempted by the then Prime Minister from the Government’s RIS requirements, on the basis of exceptional circumstances. As a result, under the Government’s best practice requirements, the then Department of Broadband, Communications and the Digital Economy was required to complete a post-implementation review (PIR).

Three separate reviews have been collectively used to meet the PIR requirements. These reviews included:

  • The review by the Australian Competition and Consumer Commission under section 151DC of the Competition and Consumer Act 2010, (CCA) of the policies and procedures relating to the identification of listed points of interconnection;
  • The review, under section 151DD of the CCA, of the operation of Division 16 of Part XIB of that Act which relates to the promotion of structural reform in the telecommunications industry and the promotion of uniform national wholesale pricing;
  • The review, under section 152EOA of the CCA, of Part XIC of that Act and particular parts of the National Broadband Network Companies Act 2011 relating to the supply of eligible services.

The first and second statutory reviews (see below) were completed and tabled in the Parliament in December 2013 and the third was completed and tabled, as part of an independent cost-benefit analysis of broadband policy and review of regulation in July 2014. The overall NBN model was also the subject of the Strategic Review of NBN Co. and the Independent Cost-Benefit Analysis (August 2014) of broadband and review of regulation (the Vertigan Panel review).

The combination of reviews undertaken was assessed by the OBPR as compliant. The Department of Communications and the Arts estimated the change in regulatory burden associated with regulatory decisions in relation to the establishment of the NBN at $34.15 million per annum. The OBPR has agreed to these estimates.

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