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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Broadband Network
Companies Amendment (Commitment to
Public Ownership) Bill 2024
No. , 2024
(Infrastructure, Transport, Regional Development, Communications and the Arts)
A Bill for an Act to amend the law relating to
companies associated with the national broadband
network, and for related purposes
No. , 2024
National Broadband Network Companies Amendment (Commitment to
Public Ownership) Bill 2024
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Amendments
3
National Broadband Network Companies Act 2011
3
Telecommunications Act 1997
6
No. , 2024
National Broadband Network Companies Amendment (Commitment to
Public Ownership) Bill 2024
1
A Bill for an Act to amend the law relating to
1
companies associated with the national broadband
2
network, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Broadband Network Companies
6
Amendment (Commitment to Public Ownership) Act 2024
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Broadband Network Companies Amendment (Commitment to
Public Ownership) Bill 2024
No. , 2024
1
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
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2024
National Broadband Network Companies Amendment (Commitment to
Public Ownership) Bill 2024
3
Schedule
1--Amendments
1
2
National Broadband Network Companies Act 2011
3
1 Paragraphs 3(1)(b) and (c)
4
Repeal the paragraphs, substitute:
5
(b) to ensure that NBN Co remains in Commonwealth
6
ownership.
7
2 Section 4 (paragraph beginning
"The Commonwealth
8
ownership provisions")
9
Repeal the paragraph.
10
3 Section 4 (paragraph beginning
"NBN Co must take
all
11
reasonable steps")
12
Repeal the paragraph.
13
4 Section 4 (note 1)
14
Omit "Note 1:", substitute "Note:".
15
5 Section 4 (note 2)
16
Repeal the note.
17
6 Section 5
18
Repeal the following definitions:
19
(a) definition of
declared pre-termination period
;
20
(b) definition of
declared sale deferral period
;
21
(c) definition of
financial product
;
22
(d) definition of
hybrid-security issuer company
;
23
(e) definition of
listed disclosing entity
;
24
(f) definition of
listing market
;
25
(g) definition of
listing rules
;
26
(h) definition of
NBN Co sale scheme
;
27
(i) definition of
Parliamentary Joint Committee on the
28
Ownership of NBN Co
;
29
Schedule 1
Amendments
4
National Broadband Network Companies Amendment (Commitment to
Public Ownership) Bill 2024
No. , 2024
(j) definition of
Productivity Minister
;
1
(k) definition of
sale-scheme hybrid security
;
2
(l) definition of
sale-scheme trust deed
;
3
(m) definition of
sale-scheme trustee
.
4
7 Section 5 (definition of
securities
)
5
Omit "(except in
section 5
5)".
6
8 Section 5 (definition of
unacceptable private ownership or
7
control situation
)
8
Repeal the definition.
9
9 Section 8 (note 1)
10
Omit "Note 1:", substitute "Note:".
11
10 Section 8 (note 2)
12
Repeal the note.
13
11 Subsection 34(2)
14
Repeal the subsection.
15
12 Section 43
16
Repeal the section, substitute:
17
43 Simplified outline of this Part
18
Parliament's intention is that the national broadband network
is
19
operated by NBN Co.
20
Under provisions called the Commonwealth ownership provisions,
21
the Commonwealth must retain ownership of NBN Co.
22
13 Before Subdivision A of Division 2 of Part 3
23
Insert:
24
Amendments
Schedule 1
No. , 2024
National Broadband Network Companies Amendment (Commitment to
Public Ownership) Bill 2024
5
Subdivision AA
--
Infrastructure of national significance
1
43A
Parliament's
intention in relation to operation of the national
2
broadband network and ownership of NBN Co
3
It is the Parliament's intention
, in recognition of the importance of
4
the national broadband network as nation-wide infrastructure, that:
5
(a) the national broadband network is operated by NBN Co; and
6
(b) NBN Co remains wholly owned by the Commonwealth.
7
14 Section 45 (note)
8
Repeal the note.
9
15 Section 46 (note)
10
Repeal the note.
11
16 Subdivisions B and C of Division 2 of Part 3
12
Repeal the Subdivisions.
13
17 Division 3 of Part 3
14
Repeal the Division.
15
18 Section 75
16
Repeal the section.
17
19 Part 4
18
Repeal the Part.
19
20 Subsection 98A(3)
20
Omit "makes a declaration under
section 4
8", substitute "made a
21
declaration under repealed section 4
8".
22
21 At the end of subsection 98A(3)
23
Add:
24
Note:
The declaration under repealed section 48 was made on 11 December
25
2020.
26
Schedule 1
Amendments
6
National Broadband Network Companies Amendment (Commitment to
Public Ownership) Bill 2024
No. , 2024
22 Subsection 98A(5)
1
Omit "makes a declaration under
section 4
8", substitute "made a
2
declaration under repealed section 4
8".
3
23 At the end of subsection 98A(5)
4
Add:
5
Note:
The declaration under repealed section 48 was made on 11 December
6
2020.
7
24 Subsection 99(1)
8
Omit "(other than
section 4
8)".
9
25 Subsection 99(2)
10
Omit "(other than
section 5
0)".
11
26 Schedule 2
12
Repeal the Schedule.
13
Telecommunications Act 1997
14
27 Subparagraph 143E(2)(b)(ii)
15
Omit "makes a declaration under
section 4
8", substitute "made a
16
declaration under repealed section 4
8".
17
28 At the end of subsection 143E(2)
18
Add:
19
Note:
For the purposes of subparagraph (2)(b)(ii), the declaration under
20
repealed section 48 of the
National Broadband Network Companies
21
Act 2011
was made on 11 December 2020.
22