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Legislative Assembly for the ACT: 2001 Week 5 Hansard (3 May) . . Page.. 1400 ..

MR HUMPHRIES (continuing):

Within the ACT, the Commonwealth regime has the potential to significantly increase the costs of installing new infrastructure and the associated access to enhanced services. These costs would ultimately be borne by ACT households and businesses.

The ACT's particular circumstances resulted in the Government introducing the Building and Services Regulations 2000 under the Building and Services Act 1924 to facilitate the installation of telecommunications facilities, including cabling. Those regulations have enabled the potential costs and difficulties under the Commonwealth regime to be avoided. Most notably, TransACT Communications Pty Ltd has relied on provisions in the regulations to facilitate the roll-out of its broadband cable network.

As Members of this Assembly would be aware, the Building and Services Act 1924 is being repealed with effect from 30 June 2001. This repeal was an element of the Utilities Regulatory Reform package which was passed with the unanimous support of this Assembly in November 2000.

The facilitative approach provided by the provisions of the Building and Services Regulations 2000 is still required to ensure that the ACT avoids unnecessary costs and potential difficulties associated with the Commonwealth provisions. For this reason, the Utilities (Telecommunications Installations) Bill 2001 contains provisions which will continue to recognise the ACT's particular circumstances and needs. The Bill facilitates the installation of telecommunications infrastructure on utility network infrastructure. The provisions are carrier and utility non-specific. They are available equally to any interested carriers licensed under the Commonwealth Telecommunications Act 1997.

But the Bill does not give telecommunications carriers a blank cheque. Existing safeguards such as the requirement for relevant planning approvals are maintained. So is the requirement to obtain consent from the relevant utility or owner of the utility network facility.

The Bill also requires advance notification to be provided to landholders. Carriers are required to minimise disruption, inconvenience and damage and to restore land and structures. The Bill also provides for compensation where a person suffers loss or expense because of the actions of a carrier in installing the telecommunications facility on utility network infrastructure.

The Bill will only apply to the initial installation of relevant telecommunications facilities. Any subsequent maintenance or modification will be regulated under the existing Commonwealth Telecommunications Act 1997.

Mr Speaker, I commend the Bill to this Assembly.

Debate (on motion by Mr Quinlan ) adjourned to the next sitting.

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