Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 152CJB

Scope

  (1)   This section applies if a condition of a carrier licence held by an NBN corporation requires the NBN corporation to comply with this section in relation to a specified eligible service (within the meaning of section   152AL) that is supplied, or is capable of being supplied, by the NBN corporation (whether to itself or other persons).

Note 1:   See section   41 of the National Broadband Network Companies Act 2011 .

Note 2:   For declaration of carrier licence conditions, see section   63 of the Telecommunications Act 1997 .

Compliance by NBN corporation

  (2)   The NBN corporation must, within 90 days after the carrier licence condition comes into force:

  (a)   both:

  (i)   formulate a standard form of access agreement that relates to access to the service; and

  (ii)   make the standard form of access agreement available on the NBN corporation's website; or

  (b)   give the Commission a special access undertaking in connection with the provision of access to the service.

  (3)   If:

  (a)   the NBN corporation, in accordance with paragraph   (2)(b), gives the Commission a special access undertaking in connection with the provision of access to the service; and

  (b)   the Commission rejects the undertaking;

the NBN corporation must, within 90 days after the rejection of the undertaking:

  (c)   formulate a standard form of access agreement that relates to access to the service; and

  (d)   make the standard form of access agreement available on the NBN corporation's website.

  (4)   If the NBN corporation, in accordance with

  (a)   subparagraph   (2)(a)(ii); or

  (b)   paragraph   (3)(d);

makes a standard form of access agreement available on the NBN corporation's website, the NBN corporation must ensure that a standard form of access agreement that:

  (c)   relates to access to the service; and

  (d)   is formulated by the NBN corporation;

is available on the NBN corporation's website at all times during the remainder of the period when the carrier licence condition is in force.

  (5)   If:

  (a)   the NBN corporation, in accordance with paragraph   (2)(b), gives the Commission a special access undertaking in connection with the provision of access to the service; and

  (b)   the Commission accepts the undertaking; and

  (c)   the undertaking subsequently ceases to be in operation;

the NBN corporation must ensure that a standard form of access agreement that:

  (d)   relates to access to the service; and

  (e)   is formulated by the NBN corporation;

is available on the NBN corporation's website at all times during the remainder of the period when the carrier licence condition is in force.