The IAA Board are progressing the search for a Chief Executive Officer following a number of expressions of interest received.

The CEO will work with the Board to deliver on the Association’s strategic vision, and help guide the Association’s future.

Formal applications for the position will close on Friday 15 February.

Interested parties are encouraged to contact the Board Chair, David Hooton, by email to david.hooton@internet.asn.au for a confidential discussion and further details on the position.

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

The IAA Board have commenced the search for a Chief Executive Officer. In order to deliver on the Association’s strategic vision, the Board are looking to engage a senior operational leader to help build the advocacy and education role of the Association.

Confidential expressions of interest are welcome to the Board Chair, David Hooton, by email to david.hooton@internet.asn.au.

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.

Earlier this month the Senate Environment and Communications Committee Inquiry into the Copyright Amendment (Online Infringement) Bill 2018 accepted submissions on the proposed  amendments to Australia’s website blocking scheme.

The Australian Digital Alliance (ADA)  invited the Association to lend its support to their submission, which expressed concerns regarding the widening of the Bill, which proposed substantial changes to complex law without the appropriate level of consultation, or support from relevant stakeholders.

You can read with full submission of the Australian Digital Alliance here. The IAA submission of support is available here. The committee report was released yesterday and is available here.

We look forward to establishing connections with like-minded organisations to better represent the concerns of our industry. If there is an area of policy or legislation that concerns you please reach out to us on 1300 653 132 or email admin@internet.asn.au with your input.

 

On 14 November, three of the IAA team arrived in Canberra for an in-depth discussion on the video game industry, digital rights, and the NBN. A room full of industry players attended The Greens policy launch, along with our own Kellie Ireland (Executive Officer), Nathan Brookfield (Secretary) and Jason Dale (Board Member). Throughout the night they heard from former Senator Scott Ludlam, Senator Jordon Steele-John, and ACT Greens Senate Candidate Dr Penny Kyburz, who is a computer science academic and video game developer, on the policy initiatives being put forward by The Greens.

Dr Kyburz made the move to Canberra originally to work with 2K Games as a developer, having come from Creative Assembly in Brisbane. She is therefore no stranger to the inner workings of the video game industry and what happens when international conglomerates buy up talented local studios.

In 2016, a senate inquiry (initiated by The Greens) made eight unanimous recommendations for supporting the Australian video games industry. This initiative draws largely on those recommendations.

Former Senator Scott Ludlum spoke in support of Penny and outlines the unique opportunity the Canberra community had to influence policy should they achieve representative in the upcoming election.

Following a day in the Senate passing amendments to My Health Record, WA Senator Jordon Steele-John spoke and launched a number of The Green’s policy initiatives. In brief, the policies they outlined were:

Investing in the Video Game Industry:

  • $100 Million Games Investment & Enterprise Fund
  • Extend file and TV offsets to video game developers
  • $5 Million creative co-working spaces fund
  • Support our creative industries and artists
  • Finish and fix the NBN

Protecting Our Digital Rights:

  • Establish a Digital Rights Commissioner
  • Repeal the mandatory data retention scheme
  • Update Australian Privacy Laws

You can find more policy details here, or playback the event here.

We’d love to hear your thoughts on these policies and what it might mean for your organisation, or the industry as a whole.  In addition, would you be interested in a more tailored industry forum with policy makers? Let us know by reaching out to our Executive Officer Kellie Ireland on 1300 653 132 or kellie@internet.asn.au

Yesterday the Australian Competition and Consumer Commission (ACCC) announced that Australian telcos, Telstra, Optus and TPG have published peering policies under which they will consider peering arrangements.

As operators of Australia’s largest independent peering network, IX Australia, the Internet Association of Australia (IAA) are pleased to see progress towards a more open and transparent peering community in Australia.

“This is a significant first step for Australian telcos,” said IAA Chair David Hooton. “We congratulate Telstra, Optus and TPG for making these policies publicly available and moving towards a more open and transparent approach to carrier interconnection in Australia.”

“It is encouraging to see that Telstra and Vocus have already successfully engaged in a peering relationship, and we hope this is the first of many peering relationships we’ll see.”

IX Australia began in 1996 with a peering exchange in Western Australia (WA-IX), and over two decades has grown to a network of five exchanges with a presence in more than 33 datacentres across Australia.

“IAA promotes peering between networks of all sizes. The continued growth of the IX Australia network over the past two decades is a reflection of our success in bringing networks of all sizes closer together through peering,” said Hooton

“We will continue to grow our network to meet the meets of and provide benefits to our members peering with IX Australia.”

For more information on peering on the IX Australia network, please contact our peering team on peering@ix.asn.au or phone 1300 793 320 or visit www.ix.asn.au.

Read more from the ACCC here

You can access the publicly available peering policies below

Our friends across the Tasman are gearing up to host the 16th Annual NZNOG conference in January 2019.

NZNOG will be hosted in the town of Napier  on 31 Jan and 1 Feb 2019. Preceding the conference are a series of workshops all the details of which will be announced soon.

Fortunately this NZNOG does not overlap with Australia Day! So, will you be heading over?

For those that are heading to the conference – deadlines for talks closes on Monday 29 October, more details available here.

The Internet Association of Australia Inc is pleased to report the recent rules changes voted on at the 2018 Annual General Meeting have been confirmed and accepted by the Commissioner for Consumer Protection.

The recent rules changes were a result of a detailed review following recommendations by the Associations Forum. The Associations Forum have been assisting the Board with improvements to association governance.

To view details of the recent changes, download the member briefing from the 2018 AGM here. You can download a copy of the updated rules here.

The current Board continue to review the outstanding recommendations and will update members on the continuing improvements to the association’s governance.