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COMMUNICATIONS LEGISLATION AMENDMENT (DEREGULATION AND OTHER MEASURES) ACT 2019 - SCHEDULE 3

Monitoring of the telecommunications industry

 

Competition and Consumer Act 2010

1   Section   151AA

Omit:

  Carriers and carriage service providers may be directed to file tariff information with the Commission. The direction is called a tariff filing direction .

2   Section   151AB (definition of tariff filing direction )

Repeal the definition.

3   Divisions   4 and 5 of Part   XIB

Repeal the Divisions.

4   Paragraph   1 51BU(4)(b)

Repeal the paragraph.

5   After subsection   151BU(4)

Insert:

  (4A)   The Commission must review any rules for keeping or retaining records containing information relevant to the operation of Division   12 of this Part at least once in each of the following periods:

  (a)   the period of 1 year after the commencement of this subsection;

  (b)   the period of 5 years after the completion of the previous review.

  (4B)   In reviewing rules under subsection   ( 4A), the Commission must have regard to:

  (a)   whether the information is publically available; and

  (b)   whether consumer demand for the goods and services to which the information relates has changed; and

  (c)   the usefulness of the information to consumers, industry, the Minister and Parliament.

6   Division   7 of Part   XIB (heading)

Repeal the heading, substitute:

Division   7 -- Enforcement of the competition rule, record - keeping rules and disclosure directions

7   Section   151BW (heading)

Repeal the heading, substitute:

151BW   Person involved in a contravention of the competition rule, a record - keeping rule or a disclosure direction

8   Section   151BW

Omit "a tariff filing direction,".

9   Section   151BX (heading)

Repeal the heading, substitute:

151BX   Pecuniary penalties for breach of the competition rule, a record - keeping rule or a disclosure direction

10   Paragraphs 151BX(1)(a), (b) and (c)

Omit "a tariff filing direction,".

11   Paragraph   1 51BX(3)(b)

Repeal the paragraph.

12   Paragraph   1 51BX(4)(b)

Omit "any other case", substitute "the case of a contravention of the competition rule".

13   Paragraph   1 51BX(5)(a)

Repeal the paragraph.

14   Subsection   151BX(5)

Omit "tariff filing directions,".

15   Section   151BZ (heading)

Repeal the heading, substitute:

151BZ   Criminal proceedings not to be brought for contraventions of the competition rule, record - keeping rules or disclosure directions

16   Paragraphs 151BZ(1)(a), (b) and (c)

Omit "a tariff filing direction,".

17   Subsection   151BZ(2)

Repeal the subsection.

18   Paragraphs 151CA(1)(a) to (f)

Omit "a tariff filing direction,".

19   Subsection   151CD(1)

Omit "or a tariff filing direction".

20   Subsection   151CI(3)

Repeal the subsection.

21   Paragraph   1 51CJ(1)(d)

Omit "151BQ,".

22   Subsection   151CL(1)

Omit "to the Minister".

23   Subsection   151CL(2)

Repeal the subsection, substitute:

  (2)   The Commission must publish a report under subsection   ( 1) on its website as soon as practicable and no later than 6 months after the end of the financial year concerned.

24   Subsection   151CL(5)

Omit "this section", substitute " subsection   ( 3)".

25   Subsection   151CL(6)

Repeal the subsection.

26   Subsection   151CM(1)

Omit all the words after "each financial year", substitute "on, charges paid by consumers in telecommunications markets".

27   Subsections   151CM(2) to (5)

Repeal the subsections, substitute:

  (2)   The Commission may decide which charges to monitor and report on, having regard to which goods or services are most commonly used by consumers.

  (3)   The Commission must publish the report on its website as soon as practicable and no later than 6 months after the end of the financial year concerned.

Telecommunications Act 1997

28   Section   104

Omit "monitor, and report each year to the Minister on, significant matters", substitute "monitor and report each financial year on matters".

29   Subsections   105(1) to (4)

Repeal the subsections.

30   Subsection   105(5A)

Omit "to the Minister".

31   Subsections   105(6) to (8)

Repeal the subsections, substitute:

  (6)   The ACMA must publish a report under subsection   ( 5A) on its website as soon as practicable and no later than 6 months after the end of the financial year concerned.

32   At the end of section   105A

Add:

  (3)   If the direction requires the report to be in a specified form, the report must be in that form.

  (4)   The ACMA must comply with any requirement in the direction as to the publication of the report.



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