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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Amendment
(Giving the Community Rights on Phone
Towers) Bill 2018
No. , 2018
(Mr Wilkie)
A Bill for an Act to give the community rights in
relation to the development of phone towers and
certain telecommunications facilities, and for
related purposes
No. , 2018
Telecommunications Amendment (Giving the Community Rights on
Phone Towers) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Telecommunications Act 1997
3
No. , 2018
Telecommunications Amendment (Giving the Community Rights on
Phone Towers) Bill 2018
1
A Bill for an Act to give the community rights in
1
relation to the development of phone towers and
2
certain telecommunications facilities, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Telecommunications Amendment (Giving the
7
Community Rights on Phone Towers) Act 2018.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
11
2
Telecommunications Amendment (Giving the Community Rights on
Phone Towers) Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
No. , 2018
Telecommunications Amendment (Giving the Community Rights on
Phone Towers) Bill 2018
3
Schedule 1--Amendments
1
2
Telecommunications Act 1997
3
1 Clause 1 of Schedule 3 (fourth dot point, paragraph (g))
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Omit "the owner", substitute "owners".
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2 Subclause 6(5) of Schedule 3
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Omit all the words after "subclause (3)".
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3 Subclause 6(7) of Schedule 3
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Omit all the words after "subclause (3)" in the first sentence.
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4 Paragraph 7(8)(a) of Schedule 3
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Omit "not".
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5 Clause 17 of Schedule 3 (heading)
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Repeal the heading, substitute:
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17 Notice to owners of land--general
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6 At the end of subclause 17(1) of Schedule 3
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Add:
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; and (c) in relation to an activity under Division 3 or 4--both:
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(i) the owner of any land within 500 metres of the facility
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or proposed facility concerned; and
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(ii) if land within 500 metres of the facility or proposed
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facility is occupied by a person other than the owner--
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the occupier of the land.
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7 Subclause 17(4) of Schedule 3
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Omit "10", substitute "30".
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8 Subparagraph 27(1)(g)(ii) of Schedule 3
25
Repeal the subparagraph, substitute:
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(ii) all alternative less sensitive sites are not feasible; and
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Schedule 1 Amendments
4
Telecommunications Amendment (Giving the Community Rights on
Phone Towers) Bill 2018
No. , 2018
(iii) the proposed location is not within 100 metres of the
1
community sensitive site; and
2
9 After subclause 27(4) of Schedule 3
3
Insert:
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(4A) For the purposes of subclause (4), the ACMA must not have regard
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to the revenue, profit, market share or any other financial interest
6
of the carrier.
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10 After subclause 35(3) of Schedule 3
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Insert:
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(3A) Applications may be made to the Administrative Appeals Tribunal
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for review of a decision of the ACMA under clause 25 to issue a
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facility installation permit.
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11 Subclause 48(1) of Schedule 3
13
Omit "may", substitute "must".
14
12 Paragraph 48(2)(a) of Schedule 3
15
Repeal the paragraph.
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13 At the end of paragraph 48(2)(b) of Schedule 3
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Add ", other than interests relating to competition between carriers".
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14 At the end of subclause 48(2) of Schedule 3
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Add:
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; (e) the impact of such lines, towers or facilities on members of
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the public.
22