NOIE welcomes the extension of the period for public submissions to the Senate Environment, Communications, Information Technology and the Arts Legislation Committee inquiry into the Telecommunications Legislation Amendment Bill 2000 (the TLAB), and encourages interested parties to examine the legislation, explanatory memorandum and second reading speech, and express their views to the Committee. It may also be worthwhile for NOIE to clarify some elements of the TLAB that may be causing confusion. Firstly, the legislation is designed to be a safety net for effective self-regulation of electronic addressing services. The Government does not see a role for the legislation in the establishment of a self-regulatory competition framework for the .au domain. It will only serve as a backup in the event that self-regulation fails. The Government supports industry self-regulation for the .au domain and welcomes the progress made by auDA and its advisory panels. Secondly, in Schedule 1 of the TLAB, it is important to note that the process of "declaration" of a manager of electronic addressing by the Australian Communications Authority would *not* have the effect of endorsing a manager or transferring responsibilities from one manager to another. Declaration is a process of identifying a person or organisation to whom remedial "directions" may be applied. A manager could only be declared when certain limited trigger conditions exist, namely that the manager is behaving in a way that is anti-competitive, contrary to consumer protection, or otherwise unsatisfactory. Thirdly, under Schedule 2, the Minister can only give instructions to the Australian Communications Authority (ACA), and not to any other person or organisation. The Ministerial instructions are not related to the ACA's declaration powers under Schedule 1, and represent a totally separate safety net option. Like all statutory authorities, the ACA can only perform the functions explicitly provided for in its governing legislation. For this reason, there needs to be a legislative mechanism in place before the ACA can be granted authority to manage an electronic addressing service by the relevant governing body (ICANN in the case of a ccTLD such as the .au domain). Again, the Ministerial instructions do not transfer authority. They are preparatory to the ACA being granted authority by the relevant governing body. For these instructions to be effective, the Government would need to pursue an application to ICANN for transfer of the delegation for .au. This application would operate quite separately from the Ministerial instructions. Like Schedule 1, Schedule 2 is a safety net provision, and would only be used if self-regulation proved unviable. I hope this has clarified some issues. Feel free to distribute this text widely, and please contact Dr Asa Masterman on (02) 6271 1052 if there are any questions about the legislation. Sincerely - Nikki Vajrabukka ______________________________ NIKKI VAJRABUKKA National Office for the Information Economy Department of Communications, Information Technology and the Arts * Voice: +61 2 6271 1625 * Email: nikki.vajrabukka§noie.gov.au -----Original Message----- From: Cooke, Tony [mailto:tony.cooke§deaconslaw.com.au] Sent: Thursday, 5 October 2000 3:34 To: 'dns§auda.org.au' Subject: RE: [DNS] fyi - government on .au The Name of the Bill is the Telecommunications Legislation Amendment Bill 2000. The link advised to Patrick is not working from my browser, but It is available following the instructions in in Aleks' e-mail, as is the Explanatory Memorandum The Bill was introduced into Parliament on the 30th August tis year and has been referred to the Senate Environment, Communications, Information Technology and the Arts Legislation Committee on 6 September 2000, with a report due on 8 November 2000. Good Reading! -----Original Message----- From: Patrick Corliss [ mailto:patrick§quad.net.au <mailto:patrick§quad.net.au> ] Sent: Thursday, 5 October 2000 3:00 To: dns§auda.org.au Subject: Re: [DNS] fyi - government on .au Thank you Aleks I have just got off the phone after talking to Andrea Griffiths on 02-06277-3561. She is the Secretary for the Senare Committee handling the Communications Legislation Amendment Bill 2000. Andrea advises: (1) Bill is not for general competition but reserve powers for ACA and ACCC (2) Copy of bill on website at http://www.aph.gov.au/senate/committee/erca/ <http://www.aph.gov.au/senate/committee/erca/> (3) Public submissions to be adertised next week & will close 20 October 2000 (4) Submissions preferred to be electronically on erca.sen§aph.gov.au (5) Public Hearing will be held on 27 October 2000 (in Canberra or Melbourne). (6) Any inquiries may be made to Executive Assistant on 02-6277-3526. Trust this assists. Patrick Corliss ----- Original Message ----- From: Aleks Huson <aleks.huson§digitalkarma.org> To: <dns§waia.asn.au> Sent: Thursday, October 05, 2000 1:34 PM Subject: [DNS] fyi - government on .au > Anyone else seen this? > > > Original Message: (Headers removed for brevity) > > I received this a short time ago and was asked to redistribute it while the > eccentricities of the parliamentry email system is worked out. > Please note the responce time of this afternoon > ------------------------------------ > <URGENT MESSAGE TO ALL ISP's (please forgive the mass distribution, but > you'll see why below..).> > Hi all, > Quick intro - My name is Patrick Bindon, comms and IT advisor to Kim > Beazley, the Leader of the Opposition in the Federal Parliament. > I have been working on Labor's position regarding the Government's Internet > Domain Name Bill, which seeks to regulate the process by which .au domain > names, in particular the valuable .com.au names, are allocated. > The Bill essentially opens up the "brokerage" of .au names to competition - > ie, competing commercial entities will be able to compete for the right to > administrate and offer domain names. > This is important issue for all ISPs!!!!! > As you may be aware, the Senate is currently holding an inquiry into this > Bill. The inquiry was conducted over the Olympic period, which made > communications with ISP's and industry difficult, as this was a very busy > time for all, but I have been able to secure an extension, (until November > 8th) provided I can demonstrate that at least a few interested parties are > prepared to make verbal and/or written submissions on the matter. It doesn't > matter if you support the Bill, or disagree with the proposals it contains - > what is important is making your views known to policy-makers! (Otherwise, > they make all kinds of rules and laws that affect you without your input...) > You can view a copy of the Bill online at http//www.aph.gov.au, under the > Legislation->Current Bills by Portfolio->Communications section. > Can anyone interested in making their views known please contact either > myself (02 6277 4181) or the Committee secretariat (02 6277 3525) today by > 4pm EST. The Committee meets then, to discuss the extension, and reasons for > extension. If no responses are received, the Committee will not be extended, > and the Bill will proceed through the Parliament. > For help or information about making submissions, please contact the > Secretariat on the number above. > Regards, > Patrick Bindon > > > Patrick Bindon > Advisor to Hon. Dr Carmen Lawrence MHR > Shadow Minister for Industry, Innovation and Technology > Suite R2-108 Parliament House, ACT 2600 > PH +61 (02) 6277 4181 > FX: +61 (02) 6277 8501 > MB: 0419 963 486 > > ---- > Email "unsubscribe aussie-isp" to majordomo§aussie.net to be removed. > > > > -- > This article is not to be reproduced or quoted beyond this forum without > express permission of the author. You don't know who really wrote it. > 347 subscribers. Archived at http://lists.waia.asn.au/list/dns <http://lists.waia.asn.au/list/dns> (dns/dns) > Email "unsubscribe" to dns-request§auda.org.au to be removed. > -- This article is not to be reproduced or quoted beyond this forum without express permission of the author. You don't know who really wrote it. 347 subscribers. Archived at http://lists.waia.asn.au/list/dns <http://lists.waia.asn.au/list/dns> (dns/dns) Email "unsubscribe" to dns-request§auda.org.au to be removed. -- This article is not to be reproduced or quoted beyond this forum without express permission of the author. You don't know who really wrote it. 347 subscribers. Archived at http://lists.waia.asn.au/list/dns (dns/dns) Email "unsubscribe" to dns-request§auda.org.au to be removed.Received on Fri Oct 06 2000 - 11:08:24 UTC
This archive was generated by hypermail 2.3.0 : Sat Sep 09 2017 - 22:00:04 UTC