Telecommunications Legislation Amendment (Universal Outdoor Mobile Obligation) Bill 2026

I will now deal with the amendments circulated by the Australian Greens. The question is that the amendments on sheets 4030 and 4122 be agreed to. Australian Greens' circulated amendments— SHEET 4030 (1) Schedule 1, item 21, page 23 (lines 4 to 29), omit subsection 125B(1), substitute: (1) The Minister must, by legislative instrument, determine standards to be complied with by carriers and carriage service providers in relation to any or all of the following matters relating to mobile telecommunications service supplied, or proposed to be supplied, by the carriers and providers: (a) the terms and conditions (whether or not relating to price or a method of ascertaining price) of the supply of a mobile telecommunications service; (b) the reliability of a mobile telecommunications service; (c) the quality and performance of a mobile telecommunications service; (d) the accessibility of a mobile telecommunications service; (e) the availability of a telecommunications service; (f) the resiliency and redundancy of a mobile telecommunications service; (g) the maximum period within which a carrier or carriage service provider must rectify a fault or service difficulty relating to a mobile telecommunications service after it is aware, or ought reasonably to be aware, of a fault or service difficulty; (h) the frequency, duration, or restoration of network outages that affect the supply of a mobile telecommunications service; (i) action which a carrier or carriage service provider must take to address congestion affecting a telecommunications network the provider uses to supply a mobile telecommunications service; (j) information or a carrier or carriage service provider must give to a customer of a designated mobile telecommunications service; (k) any other matter concerning the supply or proposed supply of a mobile telecommunications service.

Note: See also section 589 of the Telecommunications Act 1997 (instruments under this Act may provide for matters by reference to other instruments). (2) Schedule 1, item 21, page 24 (after line 6), after subsection 125B(5), insert: Standards may be declared designated compensable standards (5A) A determination under subsection (1) may declare that a specified standard set out in the determination is a designated compensable standard for the purposes of this Part.

(5B) A determination under subsection (1) may declare that a specified number of days is the relevant number of days for the purposes of the application of section 125BA to a specified designated compensable standard. Designated compensable standards (5C) The Minister may, in writing, direct the ACMA to determine a standard under subsection (1) that: (a) applies to participants in a specific section of the telecommunications industry; and (b) deals with one or more specified matters relating to the telecommunications activities of those participants; and (c) specifies the period within which the standard must be in force.

A standard determined by the ACMA under this subsection is a designated compensable standard. (5D) A direction under subsection (5C) must be given within 6 months after the commencement of this section. (5E) If no direction has been made at the end of the period specified in subsection (5D), the ACMA must determine standards under subsection (1) relating to matters mentioned in: (a) paragraph (1)(b); and (b) paragraph (1)(c); and (c) paragraph (1)(g); and (d) paragraph (1)(h).

(5F) Standards made under subsection (5E) must be in force within 18 months after the commencement of this section. (3) Schedule 1, item 21, page 24 (after line 15), after section 125B, insert: 125BA Damages for breach of designated compensable standard (1) If: (a) a carrier or carriage service provider contravenes a designated compensable standard; and (b) the standard is determined under subsection 125B(1); and (c) the contravention relates to a particular customer; the carrier or carriage service provider is liable to pay damages to the customer for the contravention.

(2) If: (a) a carrier or carriage service provider contravenes a designated compensable rule; and (b) the rule is determined under subsection 125B(1); and (c) the contravention relates to a particular customer; the carrier or carriage service provider is liable to pay damages to the customer for the contravention. (3) The amount of damages payable under subsections (1) or (2) for a particular contravention is to be ascertained in accordance with the compensation rules.

(4) If: (a) the carrier or carriage service provider; (i) credits an amount to an account that the customer has with the provider; or (ii) pays an amount to the customer; and (b) the credit or payment was made as a result of a right or remedy that: (i) was available to the customer otherwise than under this Part; and (ii) arose out of the same event or transaction as the contravention; the amount of damages payable for the contravention is to be reduced (but not below zero) by the amount of the credit or payment.

(5) The customer may recover the amount of the damages by action against the carrier or carriage service provider in a court of competent jurisdiction. (6) The liability of the carrier or carriage service provider under this section may be discharged: (a) by giving the customer a credit in an account the customer has with the carrier or carriage service provider; or (b) in any other manner set out in the compensation rules; or (c) in any other manner agreed between the carrier or carriage service provider and the customer; or (d) in any other manner agreed between the carrier or carriage service provider and the customer.

(7) An action under this section must commence within 2 years after: (a) in the case of a contravention that continued throughout a period—the time when the contravention began; or (b) in any other case—the time when the contravention occurred. 125BB Time for payment of damages A carrier or carriage service provider must discharge liability under section 125BA within a period of 4 weeks after the day the carrier or carriage service provider first becomes aware of a breach of a designated compensable standard or designated compensable rule. 125BC Compensation rules (1) The Minister may, by legislative instrument, make rules (the compensation rules) prescribing matters required or permitted by this Division to be prescribed by the compensation rules.

(2) The Minister may specify an amount or scale of damages for contraventions of a designated compensable standard that is prescribed in the compensation rules. (3) An amount or scale of damages under subsection (2) must be indexed: (a) annually, with effect from 1 July each year; and (b) by reference to the percentage change in the Consumer Price Index published by the Australian Statistician for the most recent four quarters for which figures are available before that 1 July; and (c) rounded to the nearest dollar amount.

(4) In determining an amount or scale of damages under subsection (2), the Minister must have regard to the following matters: (a) the severity of the type of contravention concerned, including: (i) any tiered classification of contravention, including duration and degree of service degradation; and (ii) any adverse impact on the end-user's access to the emergency call service; and (iii) whether the affected end-users are located in regional, rural or remote areas, having regard to: (A) the reduced availability of alternative or substitute carriage services in such areas; and (B) the longer restoration timeframes typically associated with network infrastructure servicing such areas; (b) the deterrent effect of the amount on the carrier or carriage service provider's compliance behaviour, relative to the cost to the provider of preventing the contravention; (c) the likely economic and non-economic impact on end-users; (d) any other matter the Minister considers appropriate.

(5) Rules made under subsection (1) may declare circumstances in which a carrier or carriage service provider is not liable under this Division. _____ SHEET 4122 (1) Schedule 1, page 28 (after line 20), at the end of the Schedule, add: Part 3 — Domestic mobile roaming Competition and Consumer Act 2010 22 After section 152AG Insert: 152AGA Domestic mobile roaming For the purposes of this Part, domestic mobile roaming means access to a mobile telecommunications network other than the network ordinarily used for an end-user's service to enable voice calls, data and short message service communications. 23 After subsection 152AL(3B) Insert: Mandatory declaration—domestic mobile roaming service (3C) As soon as practicable, and no longer than 6 months after the commencement of this subsection, the Commission must, by written instrument, declare that a domestic mobile roaming service is a declared service.

Note: For definition of domestic mobile roaming, see section 152AGA. (3D) A declaration mentioned in subsection (3C) has no effect except to the extent (if any) to which the domestic mobile roaming service is supplied. (3E) Subsection (3) does not apply to a declaration mentioned in subsection (3C).

(3F) A declaration made under subsection (3C) does not, by implication, prevent the Commission from making a declaration under subsection (3) in relation to another eligible service. (3G) If the domestic mobile roaming service is declared as mentioned in subsection (3C), that subsection does not, by implication, prevent the Commission from making another declaration under subsection (3) in relation to the same service.

(3H) For the avoidance of doubt, in making its declaration, the Commission is to give primary consideration to the delivery of any-to-any connectivity in order to advance the long-term interests of end users by providing the greatest possible access to mobile roaming services. 24 Subsection 152AL(4) After "subsection (3)", insert "or (3C)". 25 After subsection 152ALA(5) Insert: (5A) Subsections (1) and (5) do not apply to a declaration mentioned in subsection 152AL(3C).

(5B) A declaration mentioned in subsection 152AL(3C) remains in force indefinitely. (5C) Notwithstanding that the declaration is in place indefinitely, the Commission may review the terms of a declaration mentioned in subsection 152AL(3C) every 5 years from the time the declaration is made. 26 At the end of section 152AO Add: (4) The Commission must not vary or revoke a declaration mentioned in subsection 152AL(3C), unless directed so by the Minister.