A unique opportunity exists for two experienced professionals to join the IAA team! We’re looking for a Communication & Events Officer and an Accounts Officer to join our flexible and fast-paced national team. The roles are both part time (22 hours per week) with flexible working arrangements. You’ll have plenty of responsibility and autonomy in these roles, but a high level of efficiency and professionalism will be expected. The successful candidates will be joining an organisation with a strong leadership team that has an exciting range of projects underway, aimed at supporting the Internet industry in Australia.
We are thrilled to confirm IX Australia will be a Gold Sponsor of PeeringDB for the fourth year running.
PeeringDB is a freely available, user-maintained, database of networks, and the go-to location for interconnection data.
In recent years, the vision of PeeringDB has developed to keep up with the speed and diverse manner in which the Internet is growing. The database is no longer just for peering and peering related information. It now includes all types of interconnection data for networks, clouds, services, and enterprise, as well as interconnection facilities that are developing at the edge of the Internet.
IX Australia automatically exports peering IP allocation information allowing PeeringDB to stay current. We encourage all members to ensure your peering information is up to date to assist current and future members connect.
Built by the community, for the community, PeeringDB is the single largest repository of actionable peering information available. The database is a non-profit, community-driven initiative run and promoted by volunteers.
The volunteers who run the database are passionate about security, privacy, integrity, and validation of the data in the database.
The Internet Association of Australia is pleased to launch a new monthly event series for our members: Unplugged with IAA. This is the perfect opportunity to connect with your peers and other industry professionals for a casual sundowner. Hosted on the the third Tuesday of every month from 5pm, each event you will find us in a different capital city.
At each catch up we’ll have a theme, an invited guest or a lightning talk. If you have a suggestion please drop us a line to firstname.lastname@example.org.
The series launch will be in Sydney on Tuesday 19 March – where you are invited to meet the IAA Board. Come along and have a chat to the team – why not extend the invitation to an interested colleague? – find out what we’ve been working on, our plans for the next 12 months and let us know what you need from the leadership group.
In April we’ll be heading to Melbourne, and you can check out the line up below and keep an eye on our events listing for upcoming dates.
We’ll see you in your capital city soon…
We are looking for a Peering Engineer to join our team!
This remote role can be based in any state, and some of the key responsibilities will include
- The provision and troubleshooting of IX services
- Maintaining and monitoring of IX/ IAA networks
- Executing project work – new sites, migrations etc.
- Identifying and providing input on improvements to networks and process
- Participating in a 24×7 on-call rotation
Applications close Friday 22nd February.
By Alan Arnott & Shi Ying Yong, Technology Lawyers @ Arnotts Technology Lawyers
To encourage and facilitate the turnaround and restructuring of financially distressed businesses as part of laws aimed at encouraging entrepreneurship, recent amendments to the Corporations Act 2001 (Cth)(Act) that apply with the passage of the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 have placed a stay on the enforcement of ipso facto clauses where a counterparty to an agreement enters voluntary administration, receivership or a scheme of arrangement (Ipso Facto Amendments).
Ipso facto clauses enable a party to exercise certain rights (such as to suspend the performance of a contractual obligation or call upon a bank guarantee) or terminate the contract upon the other party suffering an insolvency event.
For parties entering into contracts on or after 1 July 2018, some ipso facto clauses in contracts are now unenforceable, unless leave of the Court is obtained. The new Ipso Facto Amendments are not retrospective and only relate to agreements entered into after 1 July 2018.
Under Part 5.1 and 5.2 of the Act, in the event that certain specified restructuring or insolvency procedures are proposed or underway, rights and self-executing provisions in a contract, agreement or arrangement will not be enforceable against the counterparty if they arise as a consequence of:
- the counterparty entering into the administration, receivership (or other managing controller appointments) or proposed scheme of arrangement over the whole or substantially whole of its property (section 451E and 434J of the Act)
- a breach of financial covenants (section 415D of the Act);
- a change of control or material adverse effect based on the counterparty’s financial position (section 451E(1) of the Act); and/or
- the counterparty’s existing financial position (section 451E(1)(b) of the Act).
As the objective of the Act is to provide viable but underperforming companies with an opportunity to implement a turnaround strategy when faced with insolvency, the above restrictions do not apply in circumstances of a liquidation. Additionally, a stay under the Ipso Facto Amendments does not prevent a counterparty from enforcing a contractual right due to breach of contractual obligations for non-payment.
It is also important to note that the Ipso Facto Amendments are subject to exclusions for certain categories of contracts and contractual rights. Under section 5.3A.50 of the Corporations Regulations 2001 (Cth) (Regulations), these categories of contracts include contracts, agreements and/or arrangements for business and share sale, for the supply of goods or services to a public hospital or a public health service, for the supply of essential or critical goods or services to, or the carrying out of essential or critical works, for the Commonwealth (which may include the provision of certain software services) and escrow arrangements for the keeping of computer software code.
Excluded categories of rights under the Regulations include certain rights of assignment and novation, step-in rights, enforcement rights and rights to change the priority or order in which amounts are paid, distributed or received.
This article is for general informational purposes only. It is not legal advice nor is it a substitute for legal advice. Readers should seek legal advice on their own particular
By Alan Arnott, Technology Lawyers @ Arnotts Technology Lawyers
Although industry rules on complaints handling for carriers and carriage service providers (CSPs) have been in place for many years, gaps in such processes were identified and a new standard, known as the Telecommunications (Consumer Complaints Handling) Industry Standard (the Complaints Handling Standard) has been determined by the Australian Communications and Media Authority. The Complaints Handling Standard commenced on 1 July 2018 and applies to (i) carriage service providers; and (ii) carriers responsible for network units that are used in the supply of services by carriage service providers.
The Standard was determined under subsection 125AA(1) of the Telecommunications Act 1997 and in accordance with sections 5 and 8 of the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017. Industry Standards that are so determined must be complied with. Non-compliance may result in civil penalties.
The Complaints Handling Standard requires carriage service providers and carriers to set out their complaints handling processes in writing, and make them available on its website in a concise form that meets the minimum requirements for complaints handling referred to in the Complaints Handling Standard.
Arnotts Technology Lawyers have developed a 5-page Complaints Handling Policy which complies with the Complaints Handling Standard.
This article is for general informational purposes only. It is not legal advice nor is it a substitute for legal advice. Readers should seek legal advice on their own particular circumstances.
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