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Amendment to the Telecommunications (Statutory Infrastructure Providers — Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021

The Government is seeking feedback about a proposed amendment to the Telecommunications (Statutory Infrastructure Providers — Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021 (the Instrument) so it ceases 3 years from its commencement, rather than the current 10 years.

Why we want your input

The Instrument is part of the Statutory Infrastructure Provider (SIP) regime. Your input will help to identify any issues that the Government should consider.

How you can voice your opinion

You can voice your opinion by reading the consultation draft of the amendment instrument and providing your views in writing to USG@infrastructure.gov.au by 5:00pm AEDT, Friday 19 November 2021.

What will be the outcome of this consultation?

Your feedback will inform advice to Government on whether to proceed with amending the Instrument.

The Issue

The Telecommunications (Statutory Infrastructure Providers — Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021 (the Instrument) sets out specific circumstances where SIPs may be reasonably excepted from obligations to connect and supply wholesale broadband services. Consistent with the requirements of the Legislation Act 2003, the Instrument was made to sunset after the standard period of ten years.

The Senate Standing Committee for the Scrutiny of Delegated Legislation (the Committee) has requested that the Instrument be amended to cease 3 years from commencement (i.e. 28 May 2024).

The attached draft instrument and explanatory statement have been prepared in response to the Committee’s request.

Relevant Documentation

Telecommunications (Statutory Infrastructure Providers — Circumstances for Exceptions to Connection and Supply Obligations) Amendment Instrument 2021

Published 5 November 2021

Telecommunications (Statutory Infrastructure Providers — Circumstances for Exceptions to Connection and Supply Obligations) Amendment Instrument 2021—PDF (529 KB)

Telecommunications (Statutory Infrastructure Providers — Circumstances for Exceptions to Connection and Supply Obligations) Amendment Instrument 2021—DOCX (83 KB)

Draft Explanatory Statement

Published 5 November 2021

Draft Explanatory Statement—PDF (544 KB)

Draft Explanatory Statement—DOCX (40 KB)

Relevant correspondence from the Committee – listed under Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021.

These documents may not meet WCAG 2.0 requirements. For an accessible copy, please email USG@infrastructure.gov.au.

Outcome

The Department received three public submissions from NBN Co, Telstra and the Telecommunications Industry Ombudsman (TIO), which are provided below.

After considering feedback from stakeholders, the Instrument has been amended so that it will cease 3 years from commencement (on 28 May 2024). The Amending Instrument and Explanatory Statement are available on the Federal Register of Legislation.

Participate

05 Nov 2021 09:00 AEDT
19 Nov 2021 17:00 AEDT
Closed
This consultation is closed.

Submissions

NBN Co
Telecommunications Industry Ombudsman
Document
Telstra