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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
National Broadband Network
Co-ordinator Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
Part 2 NSW NBN Co-ordinator
5 The NSW NBN Co-ordinator 4
6 Delegation of NBN Co-ordinator's functions 4
Part 3 NSW NBN Chief Executives Committee
7 Establishment of NSW NBN Chief Executives Committee 5
8 Appointment of advisory committees 5
b2010-148-42.d09
National Broadband Network Co-ordinator Bill 2010
Contents
Page
Part 4 Co-ordination of State government agencies in
rollout of National Broadband Network
9 Obligations of government agencies 7
10 Powers of government agencies 7
11 NBN Co-ordinator may request co-operation
of government agencies 7
12 Minister may direct government agencies to co-operate 8
Part 5 Miscellaneous
13 Act to bind Crown 9
14 Personal liability 9
15 Authorisations for purposes of Trade Practices Act 1974
of the Commonwealth 9
16 Regulations 10
17 Review of Act 10
18 Repeal of Act 11
Contents page 2
New South Wales
National Broadband Network
Co-ordinator Bill 2010
No , 2010
A Bill for
An Act to facilitate and accelerate the rollout of the National Broadband Network in
New South Wales by establishing a NSW NBN Co-ordinator; and for other purposes.
Clause 1 National Broadband Network Co-ordinator Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the National Broadband Network Co-ordinator Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Objects of Act 7
The objects of this Act are as follows: 8
(a) to facilitate and accelerate the rollout of the National Broadband 9
Network in New South Wales, 10
(b) to facilitate the use of existing infrastructure owned by State 11
government agencies for the purposes of the National Broadband 12
Network, 13
(c) to establish a NBN Co-ordinator to co-ordinate the activities of 14
government agencies in their involvement with the rollout of the 15
National Broadband Network and provide for its functions, 16
(d) to require State government agencies to co-operate with the NBN 17
Co-ordinator in facilitating and assisting the rollout of the 18
National Broadband Network, 19
(e) to establish a Chief Executives Committee to advise the NBN 20
Co-ordinator and review the exercise of certain powers under this 21
Act. 22
4 Definitions 23
(1) In this Act: 24
Chief Executives Committee means the NSW NBN Chief Executives 25
Committee established under section 7. 26
exercise a function includes perform a duty. 27
function includes a power, authority or duty. 28
government agency means: 29
(a) a public authority constituted by or under an Act, or 30
(b) a NSW Government agency, or 31
(c) a Division of the Government Service, or 32
Page 2
National Broadband Network Co-ordinator Bill 2010 Clause 4
Preliminary Part 1
(d) a State owned corporation, 1
but does not include the NSW Police Force, the Independent 2
Commission Against Corruption or the Ombudsman's Office. 3
National Broadband Network means the national telecommunications 4
network for the high-speed delivery of communications constructed, or 5
being constructed, by NBN Co. 6
NBN Co means NBN Co Limited (ACN 136 533 741) and includes any 7
of its related bodies corporate (within the meaning of the Corporations 8
Act 2001 of the Commonwealth). 9
NBN Co-ordinator means the NSW NBN Co-ordinator under section 5. 10
(2) Notes included in this Act do not form part of this Act. 11
Page 3
Clause 5 National Broadband Network Co-ordinator Bill 2010
Part 2 NSW NBN Co-ordinator
Part 2 NSW NBN Co-ordinator 1
5 The NSW NBN Co-ordinator 2
(1) There is to be a NSW NBN Co-ordinator. 3
(2) The NBN Co-ordinator is: 4
(a) the person holding office as the NBN Co-ordinator under 5
Chapter 1A of the Public Sector Employment and Management 6
Act 2002, or 7
(b) until that office is created or during any vacancy in that office, the 8
Director-General of the Department of Services, Technology and 9
Administration. 10
(3) The NBN Co-ordinator has the following functions: 11
(a) to facilitate and accelerate the rollout of the National Broadband 12
Network in New South Wales, 13
(b) to liaise with government agencies in relation to the rollout of the 14
National Broadband Network, 15
(c) to negotiate on behalf of, and act as an agent for, government 16
agencies in their dealings with NBN Co (including by entering 17
into contracts and arrangements on behalf of government 18
agencies), 19
(d) to co-ordinate the activities of government agencies in their 20
involvement with the rollout of the National Broadband 21
Network, 22
(e) to enter into contracts or arrangements on the NBN 23
Co-ordinator's own behalf with NBN Co relating to the rollout of 24
the National Broadband Network, 25
(f) such other functions as are conferred on the NBN Co-ordinator 26
by or under this or any other Act or law, including by the 27
regulations made under this Act. 28
6 Delegation of NBN Co-ordinator's functions 29
(1) The NBN Co-ordinator may delegate to an authorised person any of his 30
or her functions, other than this power of delegation. 31
(2) A delegate may sub-delegate to an authorised person any function 32
delegated by the NBN Co-ordinator if the delegate is authorised in 33
writing to do so by the NBN Co-ordinator. 34
(3) In this section, authorised person means a government agency or 35
member of staff of a government agency. 36
Page 4
National Broadband Network Co-ordinator Bill 2010 Clause 7
NSW NBN Chief Executives Committee Part 3
Part 3 NSW NBN Chief Executives Committee 1
7 Establishment of NSW NBN Chief Executives Committee 2
(1) The Minister is to establish a NSW NBN Chief Executives Committee. 3
(2) The Chief Executives Committee has the following functions: 4
(a) to advise on the exercise of functions under this Act in relation to 5
the rollout of the National Broadband Network in New South 6
Wales, 7
(b) to issue guidelines in relation to the consultation that the NBN 8
Co-ordinator should undertake when carrying out functions 9
under this Act, 10
(c) to prepare protocols for government agencies in relation to 11
developing and implementing agreements with NBN Co 12
regarding the rollout of the National Broadband Network, 13
(d) such other functions as are conferred on the Chief Executives 14
Committee by or under this or any other Act or law. 15
(3) The Chief Executives Committee is to comprise the following 16
members: 17
(a) the Director-General of the Department of Services, Technology 18
and Administration or the Director-General's nominee, who is to 19
be the presiding member of the Committee, 20
(b) the Director-General of the Department of Premier and Cabinet 21
or the Director-General's nominee, 22
(c) the Director-General of the Department of Industry and 23
Investment or the Director-General's nominee, 24
(d) the Secretary of the Treasury or the Secretary's nominee, 25
(e) the Director-General of Transport NSW or the 26
Director-General's nominee. 27
(4) Subject to the regulations, the term of office of members of the Chief 28
Executives Committee, the procedure for calling meetings of the 29
Committee and the conduct of business at those meetings are to be 30
determined by the presiding member of the Committee. 31
8 Appointment of advisory committees 32
(1) The Chief Executives Committee may appoint such advisory 33
committees as the Committee considers appropriate for the purposes of 34
advising the Chief Executives Committee for the purposes of this Act. 35
(2) An advisory committee has such functions as the Chief Executives 36
Committee may from time to time determine in writing in respect of it. 37
Page 5
Clause 8 National Broadband Network Co-ordinator Bill 2010
Part 3 NSW NBN Chief Executives Committee
(3) An advisory committee consists of such committee members appointed 1
by the Chief Executives Committee as the Chief Executives Committee 2
thinks fit. 3
(4) An advisory committee member holds office for such period as is 4
specified in the instrument of appointment of the committee member, 5
but any such appointment may be terminated by the Chief Executives 6
Committee at any time. 7
(5) One of the advisory committee members, in and by the instrument by 8
which the committee member is appointed or another instrument made 9
by the Chief Executives Committee, is to be appointed as chairperson 10
of the committee. 11
(6) An advisory committee member is entitled to be paid such fees and 12
allowances (if any) as the Minister may determine, from time to time, in 13
respect of the committee member. 14
(7) Subject to the regulations and any directions of the Chief Executives 15
Committee, the procedure of an advisory committee appointed under 16
this section is to be as determined by the advisory committee. 17
(8) The Chief Executives Committee may dissolve an advisory committee 18
appointed under this section. 19
Page 6
National Broadband Network Co-ordinator Bill 2010 Clause 9
Co-ordination of State government agencies in rollout of National Part 4
Broadband Network
Part 4 Co-ordination of State government agencies in 1
rollout of National Broadband Network 2
9 Obligations of government agencies 3
A government agency has the following obligations in respect of the 4
rollout of the National Broadband Network in New South Wales: 5
(a) to facilitate and assist the rollout of the National Broadband 6
Network, 7
(b) to co-operate with the NBN Co-ordinator in the exercise of his or 8
her functions, including complying with any request of the NBN 9
Co-ordinator for information to enable the NBN Co-ordinator to 10
exercise his or her functions, 11
(c) to notify the NBN Co-ordinator of any proposed exercise of the 12
agency's functions that may impact adversely on the exercise of 13
the NBN Co-ordinator's functions. 14
10 Powers of government agencies 15
Despite the provisions of any other Act or law, a government agency: 16
(a) is authorised and empowered to exercise any of its functions in 17
order to facilitate and assist the rollout of the National Broadband 18
Network, and for that purpose may enter into agreements and 19
arrangements with NBN Co, and 20
(b) is authorised to exercise any of its functions in order to comply 21
with a request of the NBN Co-ordinator made under this Act, and 22
(c) is authorised and empowered to enter into agreements with the 23
NBN Co-ordinator for the purposes of this Act and may do or 24
suffer anything necessary or expedient for carrying any such 25
agreement into effect. 26
11 NBN Co-ordinator may request co-operation of government agencies 27
Without limiting the exercise of the NBN Co-ordinator's functions 28
under this Act, the NBN Co-ordinator may request that a government 29
agency: 30
(a) appoint the NBN Co-ordinator as the agent for the government 31
agency in its dealings with NBN Co (including authorising the 32
NBN Co-ordinator to enter into contracts and arrangements with 33
NBN Co on behalf of the government agency), and 34
(b) enter into a specified contract or arrangement with NBN Co, and 35
(c) provide resources and assistance to facilitate or assist the rollout 36
of the National Broadband Network, and 37
Page 7
Clause 12 National Broadband Network Co-ordinator Bill 2010
Part 4 Co-ordination of State government agencies in rollout of National
Broadband Network
(d) refrain from negotiating, or entering into, any agreement with 1
NBN Co, and 2
(e) exercise the agency's functions for the purpose of facilitating and 3
assisting the rollout of the National Broadband Network. 4
12 Minister may direct government agencies to co-operate 5
(1) This section applies to any government agency: 6
(a) that exercises functions that may facilitate, assist or affect the 7
rollout of the National Broadband Network in New South Wales, 8
or 9
(b) that is declared by the regulations to be an agency to which this 10
section applies. 11
(2) The Minister may, by notice in writing given to any such government 12
agency, direct the agency to comply with a request made by the NBN 13
Co-ordinator for the purposes of his or her functions under this Act. 14
(3) Before giving any direction under this section the Minister is to: 15
(a) consult with the Chief Executives Committee, and 16
(b) if the direction is to be given to a State owned corporation-- 17
consult with the voting shareholders of the State owned 18
corporation. 19
Page 8
National Broadband Network Co-ordinator Bill 2010 Clause 13
Miscellaneous Part 5
Part 5 Miscellaneous 1
13 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far as 3
the legislative power of the Parliament of New South Wales permits, the 4
Crown in all its other capacities. 5
14 Personal liability 6
A matter or thing done or omitted to be done by: 7
(a) the NBN Co-ordinator or a person acting under the direction of 8
the NBN Co-ordinator, or 9
(b) the Chief Executives Committee, a member of the Chief 10
Executives Committee or a person acting under the direction of 11
that Committee or a member of that Committee, or 12
(c) an advisory committee established by the Chief Executives 13
Committee, a member of such a committee or a person acting 14
under the direction of any such committee or member of a 15
committee, 16
does not, if the matter or thing was done or omitted to be done in good 17
faith for the purposes of executing this Act, subject the NBN 18
Co-ordinator, a member of the Chief Executives Committee or an 19
advisory committee or a person so acting personally to any action, 20
liability, claim or demand. 21
15 Authorisations for purposes of Trade Practices Act 1974 of the 22
Commonwealth 23
(1) The following things are specifically authorised by this Act for the 24
purposes of section 51 of the Trade Practices Act 1974 of the 25
Commonwealth and the Competition Code of New South Wales: 26
(a) anything done by the NBN Co-ordinator in exercising functions 27
under this Act, 28
(b) anything done by a government agency to facilitate or assist the 29
rollout of the National Broadband Network, 30
(c) anything done by a person or a government agency in order to 31
comply with a request made by the NBN Co-ordinator under this 32
Act, 33
(d) anything done by a person in order to comply with a direction of 34
the Minister under this Act, 35
(e) the entering into of an agreement at the request of, or negotiated 36
by, the NBN Co-ordinator under this Act, 37
Page 9
Clause 16 National Broadband Network Co-ordinator Bill 2010
Part 5 Miscellaneous
(f) the doing of anything preparatory or incidental to the entering 1
into of any such agreement, 2
(g) anything done under any such agreement. 3
(2) Things authorised to be done by subsection (1) are authorised only to 4
the extent (if any) that they would otherwise contravene Part IV of the 5
Trade Practices Act 1974 of the Commonwealth or the Competition 6
Code of New South Wales. 7
(3) This section extends to any contract determination made or agreement 8
entered into before the commencement of this section. 9
16 Regulations 10
(1) The Governor may make regulations, not inconsistent with this Act, for 11
or with respect to any matter that by this Act is required or permitted to 12
be prescribed or that is necessary or convenient to be prescribed for 13
carrying out or giving effect to this Act. 14
(2) The regulations may contain provisions of a savings or transitional 15
nature consequent on the enactment of this Act. 16
(3) Any such provision may, if the regulations so provide, take effect from 17
the date of assent to this Act or a later date. 18
(4) To the extent to which any such provision takes effect from a date that 19
is earlier than the date of its publication on the NSW legislation website, 20
the provision does not operate so as: 21
(a) to affect, in a manner prejudicial to any person (other than the 22
State or an authority of the State), the rights of that person 23
existing before the date of its publication, or 24
(b) to impose liabilities on any person (other than the State or an 25
authority of the State) in respect of anything done or omitted to 26
be done before the date of its publication. 27
17 Review of Act 28
(1) The Minister is to review this Act to determine whether the policy 29
objectives of the Act remain valid and whether the terms of the Act 30
remain appropriate for securing those objectives. 31
(2) The review is to be undertaken as soon as possible after the period of 32
5 years from the date of assent to this Act. 33
(3) A report on the outcome of the review is to be tabled in each House of 34
Parliament within 12 months after the end of the period of 5 years. 35
Page 10
National Broadband Network Co-ordinator Bill 2010 Clause 18
Miscellaneous Part 5
18 Repeal of Act 1
(1) The NBN Co-ordinator is to keep the need for this Act under review 2
having regard to the object of this Act. 3
(2) If the NBN Co-ordinator determines that this Act is no longer required, 4
the NBN Co-ordinator is to provide a certificate to that effect to the 5
Minister. 6
(3) This Act is repealed on a day appointed by proclamation published on 7
the NSW legislation website after the NBN Co-ordinator has provided 8
a certificate that this Act is no longer required. 9
Page 11
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