1. Regulatory Transparency and Efficiency in the Communications Industry in Australia Jennifer Bryant Office of Regulation Review Australia

2. Outline Regulatory Best Practices
Overview of the Communications Sector
E-commerce

3. Regulatory Best Practices
Legislation Review Program
Reviews regulation identified as restricting competition or imposing costs or conferring benefits on business;
Regulation Impact Statements
Prepared for new or amending regulation where direct or substantial indirect effect on business or restriction on competition.
A Guide to Regulation

4. Transparency of Decisions
Public consultation process documented in Regulation Impact Statement (RIS);
RIS provided to decision maker;
RIS made public:
tabled in Parliament;
Placed on website or otherwise made public.

5. Communications Sector Regulation
Telecommunications
Broadcasting
Radiocommunications
Information Economy

6. Regulation Review Telecommunications Market liberalisation:
removed restrictions on the number of carriers;
removed restrictions on installation of infrastructure.
Regulation to promote competition and strengthen market:
ensures access to network infrastructure on reasonable terms;
provides for telephone number portability;
protects the integrity of the telecommunications network.

7. Regulation Review (cont’d)
Broadcasting
Review of anti-competitive policy;
Recommendations for reform;
Review of digital TV and datacasting.
Radiocommunications
Review of legislation to take place;
Spectrum management and access. .

8. E-commerce
Conduct of commercial transactions through electronic means.

9. International Interest in E-commerce
1997 APEC summit - Vancouver:
Identify ways to maximise social and economic benefits;
Key issues:
ensure and improve access;
build user and consumer trust;
minimise regulatory uncertainty.

10. Access to Information Infrastructure
National Office of Information Economy established to advise on policies to enhance take-up of e-commerce;
Strategic framework for Information Economy:
educational and training programs;
ongoing assessment of access issues.

11. User and Consumer Trust: Privacy Regulatory Framework
Principle-based regulation allows business flexibility to pursue own code:
default principles apply if code not developed.
Addresses:
consumer concern;
international trade/EU directive;
costs to business.

12. Impact on Small Business
Small business exempt (if turnover below $3m)
Small business caught if:
provides a health service;
provides information for gain;
collects information for gain;
provides a service under Government contract.

13. Electronic Transactions Regulatory Framework
Removes uncertainty as to validity and enforceability of electronic transactions;
Consistent with international rules;
Allows business flexibility to determine electronic signature;
Allows business and community to enter into electronic dealings with the Government.

14. Minimise Regulatory Uncertainty
Government body oversights information economy issues;
Telecommunications regulation underpins e-commerce and addresses access, capacity, integrity and security issues;
Copyright and intellectual property rights addressed.

15. Conclusion Regulatory efficiency and transparency to be improved by:
Greater compliance with requirement to prepare Regulation Impact Statements;
Preparation of statements early in the policy development stage;
Increased level of analysis in these statements;
Review of regulation to continue on terms of reference based on cost-benefit analysis.