Summary

Edit

The majority voted against amendments introduced by Senator Simon Birmingham, which means that they were rejected.

Senator Birmingham explained that the amendments would reinstate the normal operative provisions of the Competition and Consumer Act (formerly the Trade Practices Act) and the Australian Competition and Consumer Commission (ACCC) to a deal involving Telstra and NBN Co.(Read Senator Birmingham's full explanation of his amendments and the associated debate here, after 9:10 pm. )

Background to the bill

This bill was introduced following the lapse of the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009 and relates to the regulation of consumer protection, competition and licensing in telecommunications markets. According to the bills digest, significant changes made by this bill include:

  • improving the conditions for competition in telecommunications markets by requiring Telstra to be structurally or functionally separated
  • making the telecommunications access regime less susceptible to deliberate delay and obstruction
  • removing a technical impediment to the operation of the anti-competitive conduct regime applying to telecommunications markets
  • clarifying the universal service obligation (USO) and customer service guarantee (CSG) to make it more enforceable
  • extending the obligation to provide priority assistance to those with life threatening conditions to service providers other than Telstra, and
  • enabling breaches of civil penalty provisions - including some concerning the USO and the CSG - to be dealt with by issuing infringement notices.(More information about the bill is available in its bills digest.)

With these measures, the bill seeks to address the issues that result from the monopoly caused by Telstra's vertically and horizontally integrated telecommunications network.

Although this bill is substantially the same as the earlier bill of the same name, it does have some additional provisions.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 0 Yes 5 No
Bob Brown Tasmania No
Sarah Hanson-Young SA No
Scott Ludlam WA No
Christine Milne Tasmania No
Rachel Siewert WA No
Australian Labor Party (81% turnout) 0 Yes 25 No
Catryna Bilyk Tasmania No
Mark Bishop WA No
Carol Brown Tasmania No
Doug Cameron NSW No
Kim Carr Victoria No
Jacinta Collins Victoria No
Stephen Conroy Victoria No
Trish Crossin NT No
Chris Evans WA No
John Faulkner NSW No
David Feeney Victoria No
Michael Forshaw NSW No
Mark Furner Queensland No
Joe Ludwig Queensland No
Kate Lundy ACT No
Gavin Marshall Victoria No
Anne McEwen SA No
Jan McLucas Queensland No
Claire Moore Queensland No
Helen Polley Tasmania No
Louise Pratt WA No
Ursula Stephens NSW No
Glenn Sterle WA No
Penny Wong SA No
Dana Wortley SA No
Mark Arbib NSW Absent
Don Farrell SA Absent
Annette Hurley SA Absent
Steve Hutchins NSW Absent
Kerry O'Brien Tasmania Absent
Nick Sherry Tasmania Absent
Nigel Scullion NT Country Liberal Party Yes
Alan Ferguson SA Deputy President Yes
Steve Fielding Victoria Family First Party No
Nick Xenophon SA Independent No
Liberal Party (80% turnout) 24 Yes 0 No
Guy Barnett Tasmania Yes
Cory Bernardi SA Yes
Simon Birmingham SA Yes
Sue Boyce Queensland Yes
George Brandis Queensland Yes
David Bushby Tasmania Yes
Michaelia Cash WA Yes
Richard Colbeck Tasmania Yes
Mathias Cormann WA Yes
Concetta Fierravanti-Wells NSW Yes
Mitch Fifield Victoria Yes
Mary Fisher SA Yes
Bill Heffernan NSW Yes
Gary Humphries ACT Yes
David Johnston WA Yes
Helen Kroger Victoria Yes
Ian Macdonald Queensland Yes
Brett Mason Queensland Yes
Nick Minchin SA Yes
Stephen Parry Tasmania Yes
Michael Ronaldson Victoria Yes
Scott Ryan Victoria Yes
Judith Troeth Victoria Yes
Russell Trood Queensland Yes
Eric Abetz Tasmania Absent
Judith Adams WA Absent
Christopher Back WA Absent
Helen Coonan NSW Absent
Alan Eggleston WA Absent
Marise Payne NSW Absent
National Party (100% turnout) 5 Yes 0 No
Ron Boswell Queensland Yes
Barnaby Joyce Queensland Yes
Julian McGauran Victoria Yes
Fiona Nash NSW Yes
John Williams NSW Yes
John Hogg Queensland President No
Totals (84% turnout) 31 Yes – 33 No