Footnotes

Chapter 1 - Introduction

[1]        Minister for Infrastructure, Transport and Regional Development, Mr Anthony Albanese, House of Representatives Hansard, 13 February 2008, p. 203.

[2]        The RTIRC was established under the Telecommunications Legislation Amendment (Regular Reviews and Other Measures) Act 2005. Commencing in 2008, the reviews will take place every three years.

[3]        Ibid.

[4]        Ibid.

[5]        Ibid.

[6]        Bills Digest, 'Telecommunications Legislation Amendment (Communications Fund) Bill 2008', p.2. The fund was created by the Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005, which amended the Telecommunications (Consumer Protection and Service Standards) Act 1999.

[7]        Transcript of press conference, ALP Caucus Room, Canberra, 21 March 2007 p. 2.

[8]        Despite the intent of the amendment, it is observed that parliament cannot bind a subsequent parliament. There is no legal impediment to the current parliament amending the Telecommunications Legislation Amendment (Future Proofing and Other Measures) Act 2005 to alter the terms governing the fund's operation.

[9]        The name of the committee was changed in February 2008.

[10]      Senate Standing Committee on Environment, Communications, Information Technology and the Arts, Telecommunications Legislation Amendment (Protecting Services for Rural and Regional Australia into the Future) Bill 2007 [Provisions], July 2007, p. 2.

[11]      Section 158ZE. The Bills Digest to the bill notes that the RTIRC's recommendations 'may [nevertheless but not necessarily] fit with the government's plan for a national broadband network' (p. 4).

[12]      The following is adapted from Bills Digest, Telecommunications Legislation Amendment (Communications Fund) Bill 2008, pp 4-5.

[13]      This was the section inserted in 2007 in order to protect the fund from the Labor Party’s election undertaking to use the fund's capital to create a national broadband network.

[14]      The exclusion of s 39 of the FMA Act is not novel; a similar provision applies to the Future Fund, for example.

Chapter 2 - Issues

[1]        iiNet, Submission 1, p. 1.

[2]        Department of Industry and Resources, Government of Western Australia, Submission 2, p. 1.

[3]        See paragraph 1.4.

[4]        NSW Farmers Association, Submission 3, p. 4.

[5]        Department of Broadband, Communications and the Digital Economy, Submission 4, p. 3.

[6]        NSW Farmers Association, Submission 3, p. 4.

[7]        Department of Broadband, Communications and the Digital Economy, Submission 4, p. 1.

[8]        Department of Broadband, Communications and the Digital Economy, Submission 4, p. 4.

[9]        NSW Farmers Association, Submission 3, p. 4.

[10]      NSW Farmers Association, Submission 3, p. 4.

[11]      Department of Broadband, Communications and the Digital Economy, Submission 4, p. 4.