Commonwealth Consolidated Acts

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Prohibition on hindering the fulfilment of a standard access obligation etc.

  (1)   A person must not engage in conduct for the purpose of preventing or hindering the fulfilment of:

  (a)   a standard access obligation; or

  (b)   a requirement imposed by an access determination; or

  (ba)   a requirement imposed by binding rules of conduct;

if the person is:

  (c)   a carrier or a carriage service provider who supplies a declared service; or

  (d)   a service provider to whom a declared service is being supplied by a carrier or carriage service provider; or

  (e)   a body corporate that is related to a carrier or provider referred to in paragraph   (c) or (d).

  (2)   A person may be taken to have engaged in conduct for the purpose referred to in subsection   (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or from other relevant circumstances. This subsection does not limit the manner in which the purpose of a person may be established for the purposes of subsection   (1).

  (3)   Subsection   (1) does not have effect before 1   July 1997.

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