Footnotes
Chapter 1 - Introduction
[1] Journals of the Senate, No. 143, 21 March 2013, pp 3864–3867.
[2] Senate Selection of Bills Committee, Report No. 4 of 2013, p. 3, available at: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Selection_of_Bills/Reports/2013/rep0413 (accessed 28 March 2013).
[3] Explanatory Memorandum, p. 1.
[4] Telecommunications Legislation Amendment (Consumer Protection) Bill 2013, proposed amendments, at: http://parlinfo.aph.gov.au/parlInfo/download/legislation/amend/r5008_amend_ed944caf-54d4-4fb6-9a34-50d99c93bb63/upload_pdf/13065Bandt.pdf;fileType=application%2Fpdf (accessed 17 May 2013).
[5] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 4.
[6] See, for example, Correspondence from the TIO, dated 2 May 2013.
[7] Department of Broadband, Communications and the Digital Economy, Reform of the Telecommunications Industry Ombudsman Scheme, at http://www.dbcde.gov.au/consultation_and_submissions/previous_consultation_and_submissions/TIO_reforms (accessed 10 May 2013).
[8] Explanatory Memorandum, p. 12.
[9] Department of Broadband, Communications and the Digital Economy, Submission 5, pp 5–6.
[10] Department of Broadband, Communications and the Digital Economy, Submissions received in response to the TIO discussion paper, at: http://www.dbcde.gov.au/consultation_and_submissions/previous_consultation_and_submissions/TIO_reforms/submissions (accessed 10 May 2013).
[11] Department of Broadband, Communications and the Digital Economy, Reform of the Telecommunications Industry Ombudsman Scheme, at http://www.dbcde.gov.au/consultation_and_submissions/previous_consultation_and_submissions/TIO_reforms (accessed 10 May 2013).
[12] Explanatory Memorandum, p. 12; see also TIO report, p. 7. The DIST benchmarks are at: http://ccaac.gov.au/files/2013/04/Benchmarks_DIST1997.pdf (accessed 13 May 2013).
[13] Note that the benchmarks are also currently under review: see Commonwealth Consumer Affairs Advisory Council, Review of the Benchmarks for Industry-based Customer Dispute Resolution Schemes, at: http://ccaac.gov.au/2013/04/24/review-of-the-benchmarks-for-industry-based-customer-dispute-resolution-schemes/ (accessed 10 May 2013).
[14] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 6.
[15] Explanatory Memorandum, p. 12; see also TIO report, p. 9.
[16] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 7.
[17] Explanatory Memorandum, p. 1.
[18] See item 31, Part 2, Schedule 1 of the bill.
[19] Explanatory Memorandum, p. 13 and proposed ss. 31(11).
[20] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 7.
[21] Explanatory Memorandum, p. 13 and proposed new s.133A: see item 32, Part 2, Schedule 1.
[22] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 3.
[23] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 3.
[24] Explanatory Memorandum, p. 1.
[25] See items 8–11, Part 1, Schedule 1.
[26] Explanatory Memorandum, p. 8.
[27] See items 12–15, Part 1, Schedule 1.
[28] Explanatory Memorandum, p. 9.
[29] Proposed paragraphs 119A(1)(e) to 119A(1)(k).
[30] Note there is no requirement to consult the TIO where the code variation deals with telemarketing or fax marketing matters: see proposed paragraph 119A(1)(h).
[31] Explanatory Memorandum, pp 9–10.
[32] Explanatory Memorandum, p. 10. The current arrangements are set out in subsection 120(2) of the Telecommunications Act, which is to be repealed by the bill.
[33] Explanatory Memorandum, p. 1. See also items 17–30, Part 1, Schedule 1.
[34] http://parlinfo.aph.gov.au/parlInfo/download/legislation/amend/r5008_amend_ed944caf-54d4-4fb6-9a34-50d99c93bb63/upload_pdf/13065Bandt.pdf;fileType=application%2Fpdf (accessed 17 May 2013).
[35] See proposed subsection 61A(2).
[36] Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997, clause 9.
[37] Mr Adam Bandt MP, Greens moves to halt offshoring of Sensis jobs, media release, 9 April 2013, at: http://adam-bandt.greensmps.org.au/content/media-releases/greens-move-halt-offshoring-sensis-jobs-bandt (accessed 17 May 2013) and Peter Cai and Glenda Kwek, Better service offshore: Telstra, Sydney Morning Herald, 21 February 2013, at: http://www.smh.com.au/business/better-service-offshore-telstra-20130221-2esmj.html (accessed 17 May 2013).
[38] Explanatory Memorandum, pp 1–2.
[39] Explanatory Memorandum, p. 6.
[40] Explanatory Memorandum, p. 6.
[41] Note that the bill refers to a 'contract, arrangement or understanding'.
[42] Explanatory Memorandum, p. 6.
[43] Items 2-4, Part 1, Schedule 1.
[44] Proposed para. 12(1)(a) at item 6, Part 1, Schedule 1.
[45] Proposed para. 12(1)(c) at item 4, Part 1, Schedule 1. A definition of 'give effect to' would be inserted into section 4 of the Do Not Call Register Act by item 1 of Part 1 of Schedule 1 of the bill.
[46] Parliament Joint Committee on Human Rights, Sixth report of 2013, May 2013, pp 84-85.
[47] Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 5, 2013, p. 98.
Chapter 2 - Key issues
[1] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 4.
[2] Vodafone Hutchinson Australia, Submission 3, p. 1.
[3] Vodafone Hutchinson Australia, Submission 3, p. 1.
[4] ACCAN, Submission 2, p. 1.
[5] Vodafone Hutchinson Australia, Submission 3, p. 1; Correspondence from the TIO, dated 2 May 2013, p. 2.
[6] Explanatory Memorandum, p. 13 and see also p. 12.
[7] iiNet, Submission 4, p. 2.
[8] iiNet, Submission 4, p. 2.
[9] iiNet, Submission 4, p. 2 and see also paragraph 4(b) of the Telecommunications Act.
[10] iiNet, Submission 4, p. 4.
[11] iiNet, Submission 4, pp 3–4.
[12] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 7.
[13] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 6.
[14] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 6.
[15] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 6.
[16] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 7.
[17] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 7.
[18] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 6.
[19] Communications Alliance, Submission 1, p. 1.
[20] Communications Alliance, Submission 1, p. 2.
[21] Communications Alliance, Submission 1, p. 2.
[22] Communications Alliance, Submission 1, p. 3.
[23] ACCAN, Submission 2, p. 1.
[24] Vodafone Hutchinson Australia, Submission 3, p. 1.
[25] iiNet, Submission 4, p. 1.
[26] ADMA, Submission 6, p. 2.
[27] as provided to the TIO by the department in February 2013.
[28] Correspondence from the TIO, dated 2 May 2013, p. 2.
[29] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 5.
[30] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 4.
[31] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 4.
[32] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 5.
[33] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 4.
[34] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 8.
[35] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 8.
[36] ACCAN, Submission 2, p. 1.
[37] ADMA, Submission 6, p. 1.
[38] ADMA, Submission 6, p. 1.
[39] Department of Broadband, Communications and the Digital Economy, Submission 5, p. 8.