EXPLANATORY STATEMENT
Telecommunications (Consumer Protection and Service Standards) Act 1999
Regional Telecommunications Independent Review Committee (First Review Starting Date) Determination (No. 1) 2007
Issued by the authority of the Minister for Communications, Information Technology and the Arts
Overview
The Regional Telecommunications Independent Review Committee (First Review
Starting Date) Determination (No. 1) 2007 (the Determination) is made by the Minister for Communications, Information Technology and the Arts (the Minister) under paragraph 158P(3)(b) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act). Paragraph 158P(3)(b) of the Act provides that the Minister may make a written determination specifying an earlier start date than 31 December 2008 for the Regional Telecommunications Independent Review Committee (RTIRC) to conduct reviews of the adequacy of telecommunications services in regional, rural and remote Australia.
Background and Consultation
Subsection 158P(3) of the Act requires the first RTIRC review to start before the end of 2008 or as soon as practicable after an earlier date specified in a written determination made by the Minister.
Subsection 158P(8) of the Act provides that a determination made under paragraph 158P(3)(b) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 but is not subject to Parliamentary disallowance under section 42 of that Act.
Subsection 158P(7) of the Act requires that should the Minister wish to make a written determination for an earlier start date for the review, that is, before 31 December 2008, the Minister must consult certain Ministers with regard to the timing of the review.
In accordance with subsection 158P(7) of the Act, the Minister has consulted:
a) the Prime Minister; and
b) the Treasurer; and
c) the Minister for Finance and Administration, who is the Minister administering the Financial Management and Accountability Act 1997; and
d) the Minister for Transport and Regional Services, who is the Minister administering the Urban and Regional Development (Financial Assistance) Act 1974.
By way of consultation, the Minister wrote to each of the Ministers listed in subsection 158P(7) of the Act providing the Terms of Reference for the RTIRC review, which are contained in sections 158P and 158Q of the Act, and detailing why the Minister believed it necessary to start the first review earlier than 31 December 2008. The Minister indicated her proposal to start the first RTIRC review on 14 August 2007 to allow the Committee to report in February 2008 and leave sufficient time for the Government to consider and table its response to the Committee’s report before 30 June 2008.
The Minister has obtained the agreement of each Minister listed in subsection 158P(7) of the Act that the first RTIRC review should start on 14 August 2007.
The requirements specified in the Act for the Minister to determine an earlier start date have therefore been met.
Notes on Clauses
Clause 1 – Name of Determination
This clause provides for the citation of the Determination.
Clause 2 - Commencement
This clause provides that the Determination will take effect the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 – Starting date of first RTIRC review
This clause provides that for the purposes of paragraph 158P(3)(b) of the Act, the date of 13 August 2007 is specified. The effect of this is to allow the first RTIRC review to start as soon as practicable after 13 August 2007, that is, from 14 August 2007.