On 7 April 2009, the Government announced the establishment of a new company, NBN Co Limited (‘NBN Co’), to build and operate a new National Broadband Network (NBN). The (then) Prime Minister granted an exemption from the Regulation Impact Statement requirements on the basis of exceptional circumstances for that decision, including for the key principles for the governance, ownership and operating arrangements for the wholesale-only NBN company and for the access regime to facilitate open access to the NBN for retail level telecommunications service providers. On 25 November 2010, the Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, announced the introduction of legislation implementing the Government’s commitments. The National Broadband Network Companies Bill 2010 establishes the regulatory framework covering the ownership and operations of NBN Co, and the arrangements for the eventual sale of the Commonwealth’s stake in NBN Co. The Telecommunications Legislation Amendment (National Broadband Network Measures-Access Arrangements) Bill 2010 amends the Competition and Consumer Act 2010 and the Telecommunications Act 1997 to introduce new access, transparency and non-discrimination obligations relating to the supply of wholesale services by NBN Co Limited. It also extends technical and open access obligations to owners of other superfast networks.
Regulation Impact Statements (RISs) were required for elements of the package of legislation that was introduced, where they represented the further development of the original policy. The four elements for which RISs were required were: defining the entities to which NBN Co.’s wholesale-only obligations apply; regulating access to NBN Co.’s services (standard access obligations) and the equivalence obligation imposed on NBN Co.; providing greater legal certainty regarding allowable and prohibited discrimination; and measures to provide a level playing field for the provision of superfast broadband. The RISs have been approved by the OBPR.
- RIS for entities to which NBN Co’s wholesale-only obligations apply - RTF version [ 130kb]
- RIS for entities to which NBN Co’s wholesale-only obligations apply - PDF version [ 285kb]
- RIS for applying the NBN Co’s Standard Access and Equivalence Obligations - RTF version [ 123kb]
- RIS for applying the NBN Co’s Standard Access and Equivalence Obligations - PDF version [ 211kb]
- RIS for enhancing the non-discrimination provisions in the draft Telecommunications Legislation Amendment (National Broadband Network Measures – Access Arrangements) Bill - RTF version [ 104kb]
- RIS for enhancing the non-discrimination provisions in the draft Telecommunications Legislation Amendment (National Broadband Network Measures – Access Arrangements) Bill - PDF version [ 289.78kb]
- RIS for measures to provide a level playing field for the provision of superfast broadband across Australia - RTF version [ 291kb ]
- RIS for measures to provide a level playing field for the provision of superfast broadband across Australia - PDF version [ 241kb ]