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.