EXPLANATORY STATEMENT
Telecommunications Act 1997
Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No.1 of 2018)
Issued by the Authority of the Minister for Communications
Authority
Section 42 of the Telecommunications Act 1997 (the Act) provides that a network unit must not be used to supply a carriage service to the public unless the owner of the network unit holds a carrier licence or a nominated carrier declaration is in force in relation to the unit. Paragraph 51(1)(c) of the Act allows the Minister to determine that section 42 of the Act does not apply in relation to a specified use of a network unit. Subsection 33 (3) of the Acts Interpretation Act 1901 allows the Minister to amend exemption instruments of this kind.
Purpose and operation
On 7 December 2017, the Minister made the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (the ‘Principal Determination’) to exempt the NSW Telecommunications Authority (‘the NSW Telco Authority’) from the licensing requirements in section 42 of the Act in relation to the use of its Government Radio Network (‘GRN’) (‘the designated communications infrastructure’) by Commonwealth departments and agencies for public purposes. The Principal Determination provided that it will be repealed at the start of 1 July 2018.
The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No.1 of 2018) (the ‘Amending Determination’) will ensure that the exemption continues for a further six months. This will allow Commonwealth departments and agencies, being entities which are outside the NSW Telecommunications Authority’s ‘immediate circle’, to use the GRN for public purposes without the need for the NSW Telecommunications Authority to hold a carrier licence or for a nominated carrier declaration to be in force in relation to that network.
The Amending Determination is a legislative instrument for the purposes of the Legislation Act 2003.
Detailed notes on the Amending Determination are set out in Attachment A.
Consultation
The Department of Communications and the Arts, on behalf of the Minister for Communications, consulted with the Department of the Prime Minister and Cabinet, the Commonwealth Attorney-General’s Department, and the NSW Telecommunications Authority.
Regulatory Impact
The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required for the Amending Determination (OBPR ID 22395).
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment B.
Attachment A
Notes on the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018)
Section 1 - Name
Section 1 provides that the name of the instrument is the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018).
Section 2 - Commencement
Section 2 provides that the whole of the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018) (the ‘Amending Determination’) commences on the day after it is registered on the Federal Register of Legislation.
Section 3 - Authority
Section 3 provides the authority for the making of the Amending Determination.
Section 4 - Variation
Section 4 provides that the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (the ‘Principal Determination’) is amended as set out in the Schedule to the Amending Determination.
SCHEDULE – Amendments
Item 1
Item 1 of the Schedule to the Amending Determination changes the repeal date for the Principal Determination from the start of 1 July 2018 to the start of 1 January 2019.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No.1 of 2018)
This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Instrument
The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018) (the ‘Amending Determination’) is a legislative instrument for the purposes of the Legislation Act 2003.
The Amending Determination extends the exemption granted to the NSW Telecommunications Authority by way of the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (‘the Principal Determination’) for an additional six months.
By virtue of the Amending Determination, the NSW Telecommunications Authority will be exempted until 1 January 2019 from the requirement to hold a carrier licence or have in force a nominated carrier declaration in relation to the use of the Government Radio Network (GRN) by a department or agency of the Commonwealth for public purposes.
The NSW Telco Authority is a NSW Government not-for-profit statutory authority that owns and operates the GRN on behalf of the NSW Government. The GRN provides a common platform for NSW Government agencies and authorities, public utilities and other public service entities that use mobile radio communications in the provision of important public services. As a dedicated network, the GRN provides extensive coverage and reliability, supporting effective communications between services, including during national or state emergencies.
The effect of the Amending Determination is to extend the exemption by 6 months. The extension is necessary so that Commonwealth departments and agencies can continue to use the GRN for public purposes.
Human rights implications
The Amending Determination does not engage any applicable rights or freedoms.
Conclusion
The Amending Determination is compatible with human rights as it does not raise any human rights issues.