(1)

The RTIRC must conduct reviews of the adequacy of telecommunications services in regional, rural and remote parts of Australia.

Note: RTIRC means the Regional Telecommunications Independent Review Committee established by section 158R.

(2)

In determining the adequacy of those services, the RTIRC must have regard to whether people in regional, rural and remote parts of Australia have equitable access to telecommunications services that are:

(a) significant to people in those parts of Australia; and
(b) currently available in one or more urban parts of Australia.

Timing of reviews

(3)

The first review must start:

(a) before the end of 2008; or
(b) if, before 31 December 2008, the Minister makes a written determination specifying an earlier day—as soon as practicable after that earlier day.

(4)

Each subsequent review must be completed within 3 years after the last day on which a copy of a statement setting out the Commonwealth Government's response to the recommendations of the previous review was tabled in a House of the Parliament under paragraph 158Q(6)(b). For this purpose, a review is completed when the report of the review is given to the Minister under section 158Q.

Consultation

(5)

In conducting a review, the RTIRC must make provision for:

(a) public consultation; and
(b) consultation with people in regional, rural and remote parts of Australia.

Relevant matters

(6)

In conducting a review, the RTIRC must have regard to:

(a) any policies of the Commonwealth Government notified to the RTIRC by the Minister; and
(b) such other matters as the RTIRC considers relevant.

Determination

(7)

Before making a determination under paragraph (3)(b), the Minister must consult:

(a) the Prime Minister; and
(b) the Treasurer; and
(c) the Minister administering the Financial Management and Accountability Act 1997 ; and
(d) the Minister administering the Urban and Regional Development (Financial Assistance) Act 1974 .

(8)

A determination under paragraph (3)(b) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 , but section 42 of that Act does not apply to the determination.

Australia

(9)

Section 11 of the Telecommunications Act 1997 (as applied by section 7 of this Act) does not apply to a reference in this section to Australia.

Definitions

(10)

In this section:

(1)

The RTIRC must:

(a) prepare a report of a review under section 158P; and
(b) give the report to the Minister.

(2)

The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after receiving the report.

Recommendations

(3)

The report may set out recommendations to the Commonwealth Government.

(4)

In formulating a recommendation that the Commonwealth Government should take particular action, the RTIRC must assess the costs and benefits of that action.

(5)

Subsection (4) does not prevent the RTIRC from taking other matters into account in formulating a recommendation.

Government response to recommendations

(6)

If a report sets out one or more recommendations to the Commonwealth Government:

(a) as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government's response to the recommendations; and
(b) within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament.

(6A)

A statement prepared under paragraph (6)(a) must contain an explanation of how the Commonwealth Government's response to the recommendations will improve telecommunications services in regional, rural or remote parts of Australia.

(7)

The Commonwealth Government's response to the recommendations may have regard to the views of the following:

(a) participants in sections of the telecommunications industry (within the meaning of Part 6 of the Telecommunications Act 1997 );
(b) the ACMA;
(c) the ACCC;
(d) the Telecommunications Industry Ombudsman;
(e) bodies or associations that represent the interests of consumers;
(f) such other persons as the Minister considers relevant.

Definitions

(8)

In this section:

There is to be a Regional Telecommunications Independent Review Committee.

The RTIRC has the functions that are conferred on it by this Part.

(1)

The RTIRC is to consist of a Chair and at least 2 other members.

(2)

A person may only be appointed as an RTIRC member if it appears to the Minister that the person has knowledge of, or experience in:

(a) matters affecting regional, rural and remote parts of Australia; or
(b) telecommunications.

(3)

The Minister must ensure that:

(a) the RTIRC Chair is not a person covered by subsection (4); and
(b) a majority of the other RTIRC members are not persons covered by subsection (4).

(4)

This subsection applies to the following persons:

(a) an employee of the Commonwealth;
(b) an employee of an authority of the Commonwealth;
(c) a person who holds a full-time office under a law of the Commonwealth.

(4A)

The Minister must ensure that at least one RTIRC member is nominated by an organisation that represents the interests of people, or bodies, in regional, rural or remote parts of Australia.

(5)

The Minister must ensure that no RTIRC member is:

(a) a carriage service provider; or
(b) a partner in a carriage service provider partnership; or
(c) an officer or employee of a carrier; or
(d) an officer or employee of a carriage service provider; or
(e) an officer or employee of a partner in a carrier partnership; or
(f) an officer or employee of a partner in a carriage service provider partnership; or
(g) an officer or employee of a body corporate, where a related body corporate is:
(i) a carrier; or
(ii) a carriage service provider; or
(iii) a partner in a carrier partnership; or
(iv) a partner in a carriage service provider partnership.

(6)

Section 11 of the Telecommunications Act 1997 (as applied by section 7 of this Act) does not apply to a reference in this section to Australia.

(7)

In this section:

(1)

The RTIRC members are to be appointed by the Minister by written instrument.

(2)

An RTIRC member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.

(3)

An RTIRC member holds office on a part-time basis.

(1)

The Minister may appoint an RTIRC member to act as the RTIRC Chair:

(a) during a vacancy in the office of the RTIRC Chair, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the RTIRC Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

(2)

Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.

(1)

The regulations may prescribe the procedures to be followed at or in relation to meetings of the RTIRC, including matters relating to the following:

(a) the convening of meetings of the RTIRC;
(b) the number of RTIRC members who are to constitute a quorum;
(c) the selection of an RTIRC member to preside at meetings of the RTIRC in the absence of the RTIRC Chair;
(d) the manner in which questions arising at a meeting of the RTIRC are to be decided.

(2)

A resolution is taken to have been passed at a meeting of the RTIRC if:

(a) without meeting, a majority of RTIRC members indicate agreement with the resolution in accordance with the method determined by the RTIRC under subsection (3); and
(b) all RTIRC members were informed of the proposed resolution, or reasonable efforts had been made to inform all RTIRC members of the proposed resolution.

(3)

Subsection (2) applies only if the RTIRC:

(a) determines that it applies; and
(b) determines the method by which RTIRC members are to indicate agreement with resolutions.

(1)

An RTIRC member who has a material personal interest in a matter being considered by the RTIRC must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the RTIRC.

(2)

The disclosure is to be recorded in the minutes of the meeting and, unless the Minister or the RTIRC otherwise determines, the RTIRC member must not:

(a) be present during any deliberation by the RTIRC about that matter; or
(b) take part in any decision of the RTIRC relating to that matter.

(3)

For the purposes of the making of a determination by the RTIRC under subsection (2) in relation to an RTIRC member who has made a disclosure under subsection (1), an RTIRC member who has an interest in the matter to which the disclosure relates must not:

(a) be present during any deliberation of the RTIRC for the purposes of making the determination; or
(b) take part in the making by the RTIRC of the determination.

(1)

An RTIRC member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.

(2)

An RTIRC member is to be paid the allowances that are prescribed.

(3)

This section has effect subject to the Remuneration Tribunal Act 1973 .

(1)

The Minister may grant leave of absence to the RTIRC Chair on the terms and conditions that the Minister determines.

(2)

The RTIRC Chair may grant leave of absence to an RTIRC member on the terms and conditions that the RTIRC Chair determines.

An RTIRC member may resign his or her appointment by giving the Minister a written resignation.

(1)

The Minister may terminate the appointment of an RTIRC member for misbehaviour or physical or mental incapacity.

(2)

The Minister may terminate the appointment of an RTIRC member if:

(a) the RTIRC member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of remuneration for the benefit of his or her creditors; or
(b) the RTIRC member is absent, except on leave of absence, for 3 consecutive meetings of the RTIRC; or
(c) the RTIRC member fails, without reasonable excuse, to comply with section 158X.

(3)

The Minister may terminate the appointment of the RTIRC Chair if the RTIRC Chair becomes a person covered by subsection 158T(4).

(4)

The Minister may terminate the appointment of an RTIRC member if the RTIRC member becomes a person covered by paragraph 158T(5)(a), (b), (c), (d), (e),

(f)

or (g).

An RTIRC member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

(1)

Any or all of the following:

(a) the ACMA;
(b) the ACCC;
(c) the Department;
(d) any other Department, agency or authority of the Commonwealth;

may assist the RTIRC in the performance of its functions.

(2)

The assistance may include the following:

(a) the provision of information;
(b) the provision of advice;
(c) the making available of resources and facilities (including secretariat services and clerical assistance).

(3)

A reference in Parts 26 and 27 of the Telecommunications Act 1997 to the ACMA's telecommunications functions includes a reference to the function conferred on the ACMA by subsection (1).