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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Legislation
Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
(Communications)
A Bill for an Act to amend the law relating to
telecommunications, and for related purposes
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Facilities access
3
Telecommunications Act 1997
3
Part 2--Access to customer cabling
6
Competition and Consumer Act 2010
6
National Transmission Network Sale Act 1998
7
Part 3--Pilots and trials
8
Competition and Consumer Act 2010
8
Part 4--Access determinations
11
Competition and Consumer Act 2010
11
Part 5--Special access undertakings
14
Competition and Consumer Act 2010
14
Part 6--Fixed principles
16
Competition and Consumer Act 2010
16
Part 7--NBN corporations
17
Division 1--Line of business restrictions
17
National Broadband Network Companies Act 2011
17
Division 2--Supply of goods and services
17
National Broadband Network Companies Act 2011
17
Division 3--Authorised conduct
18
Competition and Consumer Act 2010
18
Part 8--Declared services and eligible services
21
Division 1--Definition of declared service
21
Competition and Consumer Act 2010
21
Division 2--Definition of eligible service
22
ii
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
Competition and Consumer Act 2010
22
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
1
A Bill for an Act to amend the law relating to
1
telecommunications, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Telecommunications Legislation
5
Amendment (Access Regime and NBN Companies) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Facilities access Part 1
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
3
Schedule 1--Amendments
1
Part 1--Facilities access
2
Telecommunications Act 1997
3
1 At the end of Part 3 of Schedule 1
4
Add:
5
19A Interaction with the Competition and Consumer Act 2010
6
(1) A carrier must not, under this Part, request another carrier to give
7
access to facilities, if the service of giving access to the facilities is
8
a declared service.
9
(2) An obligation under this Part to give access to facilities ceases if
10
the service of giving access to the facilities becomes a declared
11
service.
12
Note:
Part XIC of the Competition and Consumer Act 2010 requires carriers
13
and carriage service providers to provide declared services to service
14
providers in certain circumstances, on the terms and conditions the
15
ACCC determines.
16
(3) This clause:
17
(a) does not affect the continuity or terms and conditions of any
18
of the following in force just before a service becomes a
19
declared service:
20
(i) an agreement entered into in compliance with this
21
Schedule;
22
(ii) a determination made under clause 18; and
23
(b) does not apply in relation to a carrier supplying a service to
24
another carrier, if the agreement or determination relates to
25
that supply.
26
(4) In this clause:
27
declared service means a service that is a declared service under
28
subsection 152AL(3) or (8A) of the Competition and Consumer
29
Act 2010.
30
Schedule 1 Amendments
Part 1 Facilities access
4
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
2 At the end of Part 5 of Schedule 1
1
Add:
2
39A Interaction with the Competition and Consumer Act 2010
3
(1) A carrier must not, under this Part, request another carrier to give
4
access to a tower or eligible underground facility if the service of
5
giving access to the tower or eligible underground facility is a
6
declared service.
7
(2) An obligation under this Part to give access to a tower or eligible
8
underground facility ceases if the service of giving access to the
9
tower or eligible underground facility becomes a declared service.
10
Note:
Part XIC of the Competition and Consumer Act 2010 requires carriers
11
and carriage service providers to provide declared services to service
12
providers in certain circumstances, on the terms and conditions the
13
ACCC determines.
14
(3) This clause:
15
(a) does not affect the continuity or terms and conditions of any
16
of the following in force just before a service becomes a
17
declared service:
18
(i) an agreement entered into in compliance with this
19
Schedule;
20
(ii) a determination made under clause 36; and
21
(b) does not apply in relation to a carrier supplying a service to
22
another carrier, if the agreement or determination relates to
23
that supply.
24
(4) In this clause:
25
declared service means a service that is a declared service under
26
subsection 152AL(3) or (8A) of the Competition and Consumer
27
Act 2010.
28
3 Application and transitional provisions
29
(1)
An obligation under Part 3 or 5 of Schedule 1 to the
30
Telecommunications Act 1997 ceases on the commencement of this
31
item, if:
32
Amendments Schedule 1
Facilities access Part 1
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
5
(a) the obligation is an obligation to give access to a facility,
1
tower or eligible underground facility; and
2
(b) the obligation is in force just before that commencement; and
3
(c) at that commencement, the service of giving access to the
4
facility, tower or eligible underground facility is a declared
5
service.
6
(2)
Subitem (1):
7
(a) does not affect the continuity or terms and conditions of any
8
of the following in force just before a service becomes a
9
declared service:
10
(i) an agreement entered into in compliance with
11
Schedule 1 to the Telecommunications Act 1997;
12
(ii) a determination made under clause 18 or 36 of that
13
Schedule; and
14
(b) does not apply in relation to a carrier supplying a service to
15
another carrier, if the agreement or determination relates to
16
that supply.
17
(3)
In this item:
18
declared service means a service that is a declared service under
19
subsection 152AL(3) or (8A) of the Competition and Consumer Act
20
2010.
21
Schedule 1 Amendments
Part 2 Access to customer cabling
6
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
Part 2--Access to customer cabling
1
Competition and Consumer Act 2010
2
4 Subsection 4(1)
3
Insert:
4
customer cabling has the same meaning as in the
5
Telecommunications Act 1997.
6
5 After subsection 152AR(5)
7
Insert:
8
Access to customer cabling
9
(5A) An access provider must, if requested to do so by a service
10
provider:
11
(a) give the service provider access to customer cabling for the
12
purpose of the service provider supplying carriage services
13
and/or content services; and
14
(b) take all reasonable steps to ensure that the service provider
15
receives, in relation to the cabling, fault detection, handling
16
and rectification of a technical and operational quality and
17
timing that is equivalent to that which the access provider
18
provides to itself;
19
if:
20
(c) the access provider must, under paragraph (3)(a), supply an
21
active declared service to the service provider in order that
22
the service provider can provide the carriage services and/or
23
content services; and
24
(d) the access provider owns, or otherwise controls physical
25
access to, the cabling; and
26
(e) the access provider uses the cabling and a
27
telecommunications network to supply the active declared
28
service (whether to itself or other persons).
29
6 After subsection 152AXB(5)
30
Insert:
31
Amendments Schedule 1
Access to customer cabling Part 2
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
7
Access to customer cabling
1
(5A) An NBN corporation must, if requested to do so by a service
2
provider, give the service provider access to customer cabling for
3
the purpose of the service provider supplying carriage services
4
and/or content services, if:
5
(a) the NBN corporation must, under subsection (2), supply a
6
declared service to the service provider in order that the
7
service provider can provide the carriage services and/or
8
content services; and
9
(b) the NBN corporation owns, or otherwise controls physical
10
access to, the cabling; and
11
(c) the NBN corporation uses a telecommunications network and
12
the cabling to supply the declared service (whether to itself or
13
other persons).
14
National Transmission Network Sale Act 1998
15
7 Paragraph 16(1)(c)
16
After "(5),", insert "(5A),".
17
Schedule 1 Amendments
Part 3 Pilots and trials
8
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
Part 3--Pilots and trials
1
Competition and Consumer Act 2010
2
8 Subsection 152ARA(1) (note)
3
Repeal the note.
4
9 At the end of section 152ARA
5
Add:
6
Note:
For pilots and trials, see section 152F.
7
10 Subsection 152ARB(2) (note)
8
Repeal the note, substitute:
9
Note:
For pilots and trials of new eligible services or enhanced declared
10
services, see section 152F.
11
11 Subsection 152AXC(1) (note)
12
Repeal the note.
13
12 Subsection 152AXD(1) (note)
14
Repeal the note, substitute:
15
Note:
For pilots and trials of new eligible services or enhanced declared
16
services, see section 152F.
17
13 Subsections 152BCB(4A) and (4G) and 152BDA(4A) and
18
(4G) (note)
19
Repeal the note.
20
14 At the end of section 152CJA
21
Add:
22
Note:
For pilots and trials of new eligible services or enhanced declared
23
services, see section 152F.
24
15 Division 6B of Part XIC
25
Repeal the Division.
26
Amendments Schedule 1
Pilots and trials Part 3
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
9
16 At the end of Division 11 of Part XIC
1
Add:
2
152F Pilots and trials
3
(1) Sections 152ARA, 152ARB, 152AXD and 152CJA do not apply to
4
a person's conduct if:
5
(a) the person engages in the conduct for the purposes of a pilot
6
or trial of:
7
(i) a new eligible service; or
8
(ii) an enhanced declared service; or
9
(iii) something that is ancillary or incidental to the supply of
10
a new eligible service or an enhanced declared service;
11
and
12
(b) the duration of the pilot or trial is no longer than:
13
(i) 12 months; or
14
(ii) a longer period to which the Commission agrees under
15
subsection (2); and
16
(c) before the conduct occurred, the person who engages in the
17
conduct:
18
(i) notified the Commission of the conduct in accordance
19
with subsection (3); and
20
(ii) published the notice on its website; and
21
Note:
The person is not required to publish certain parts of the notice:
22
see subsection (4).
23
(d) the notice remains published on the website until the end of
24
the pilot or trial.
25
Note:
Sections 152ARA, 151ARB and 152AXD prohibit discrimination in
26
relation to certain services. Section 152CJA relates to standard forms
27
of access agreements formulated by an NBN corporation.
28
(2) The Commission may agree to a longer period for the purposes of
29
paragraph (1)(b) if the Commission is satisfied that, for the pilot or
30
trial to be conducted properly, it must be conducted for that longer
31
period.
32
Notice
33
(3) The notice must:
34
Schedule 1 Amendments
Part 3 Pilots and trials
10
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
(a) be in writing; and
1
(b) be in a form approved in writing by the Commission; and
2
(c) specify the conduct and the person's reasons for engaging in
3
the conduct; and
4
(d) describe the pilot or trial, including:
5
(i) specifying the expected scale and duration of the pilot
6
or trial; and
7
(ii) specifying the parties involved in the pilot or trial; and
8
(iii) specifying the geographical scope of the pilot or trial;
9
and
10
(iv) specifying the prices of any services the person supplies
11
as part of the pilot or trial; and
12
(v) describing any discount, allowance, rebate or credit the
13
pilot or trial involves, including the reason for the
14
discount, allowance, rebate or credit.
15
(4) The person is not required to publish on its website the part (if any)
16
of the notice to which subparagraph (3)(d)(iv) or (v) applies.
17
Services declared etc. after start of pilot or trial
18
(5) A service the person supplies under a contract, arrangement or
19
understanding for the purposes of the pilot or trial is not a declared
20
service if:
21
(a) the person meets the requirements of subsection (1) in
22
relation to any conduct the person engages in for the
23
purposes of the pilot or trial; and
24
(b) the service was not a declared service at the later of:
25
(i) the time the person entered into the contract,
26
arrangement or understanding; and
27
(ii) the time the person gave the notice to the Commission
28
under subparagraph (1)(c)(i).
29
Note:
A service provider cannot be an access seeker in relation to a service
30
that is not a declared service: see section 152AG.
31
Amendments Schedule 1
Access determinations Part 4
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
11
Part 4--Access determinations
1
Competition and Consumer Act 2010
2
17 After subsection 152BCA(2)
3
Insert:
4
(2A) The Commission must, in making an access determination that
5
applies to an access provider that is not an NBN corporation
6
(whether or not the determination also applies to an NBN
7
corporation), also have regard to the method the Commission uses
8
to determine terms and conditions it includes in access
9
determinations that apply only to an NBN corporation.
10
(2B) The Commission must, in making an access determination that
11
applies to an access provider that is an NBN corporation (whether
12
or not the determination also applies to an access provider that is
13
not an NBN corporation), also have regard to the method the
14
Commission uses to determine terms and conditions it includes in
15
access determinations that do not apply to NBN corporations.
16
18 After section 152BCG
17
Insert:
18
152BCGAA Interim access determinations--consultation
19
(1) The Commission must, before making an interim access
20
determination, consult such persons as the Commission considers
21
appropriate.
22
(2) A failure to comply with subsection (1) does not affect the validity
23
of a decision made under this Subdivision.
24
(3) This section does not affect the operation of
25
subsection 152BCG(4).
26
19 After section 152BDAA
27
Insert:
28
Schedule 1 Amendments
Part 4 Access determinations
12
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
152BDAB Consultation
1
(1) The Commission must, before making binding rules of conduct,
2
consult such persons as the Commission considers appropriate.
3
(2) A failure to comply with subsection (1) does not affect the validity
4
of a decision made under this Subdivision.
5
(3) This section does not affect the operation of subsection 152BD(6).
6
20 Application of amendments
7
(1)
The amendment made by item 17 does not apply to making a final
8
access determination if:
9
(a) both of the following subparagraphs apply:
10
(i) the Commission makes the access determination
11
following a public inquiry about a proposal to make the
12
determination as mentioned in Subdivision B of
13
Division 4 of Part XIC of the Competition and
14
Consumer Act 2010;
15
(ii) the Commission commenced to hold the public inquiry
16
before the commencement of this item; or
17
(b) both of the following subparagraphs apply:
18
(i) the Commission makes the access determination
19
otherwise than following a public inquiry about a
20
proposal to make the determination as mentioned in that
21
Subdivision;
22
(ii) the Commission makes the access determination before
23
the end of the period of 28 days starting on the
24
commencement of this item.
25
(2)
The amendment made by item 18 does not apply to making an interim
26
access determination if:
27
(a) both of the following subparagraphs apply:
28
(i) the Commission makes the interim access determination
29
under subsection 152BCG(1) of the Competition and
30
Consumer Act 2010;
31
(ii) the Commission commenced to hold the public inquiry
32
mentioned in paragraph (c) of that subsection before the
33
commencement of this item; or
34
Amendments Schedule 1
Access determinations Part 4
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
13
(b) both of the following subparagraphs apply:
1
(i) the Commission makes the interim access determination
2
under a provision of that Act other than
3
subsection 152BCG(1);
4
(ii) the Commission makes the interim access determination
5
before the end of the period of 28 days starting on the
6
commencement of this item.
7
(3)
The amendment made by item 19 does not apply to making binding
8
rules of conduct if the Commission makes the rules before the end of
9
the period of 28 days starting on the commencement of this item.
10
Schedule 1 Amendments
Part 5 Special access undertakings
14
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
Part 5--Special access undertakings
1
Competition and Consumer Act 2010
2
21 Subparagraphs 152CBC(6)(aa)(ii), (ab)(ii) and (ac)(ii)
3
After "varied undertaking", insert "that met the requirements of
4
subsection 152CBDA(3)".
5
22 Subsection 152CBD(6)
6
Omit "special access undertaking", substitute "varied special access
7
undertaking that meets the requirements of subsection 152CBDA(3)".
8
23 Paragraphs 152CBD(6)(a) and (b)
9
Omit "specified in the notice".
10
24 Subsections 152CBDA(2) and (3)
11
Repeal the subsections, substitute:
12
(2) The Commission may give the person a written notice that:
13
(a) specifies variations to the original undertaking; and
14
(b) specifies a period for the purposes of subparagraph (3)(a)(ii);
15
and
16
(c) states the effect of subsection (3).
17
(2A) The notice must not specify variations under paragraph (2)(a)
18
unless the Commission considers that it would not accept the
19
undertaking under section 152CBC if:
20
(a) the variations; or
21
(b) variations having the same effect;
22
were not made.
23
(2B) The notice may also suggest other variations to the original
24
undertaking that the Commission considers desirable.
25
(3) The Commission must treat a varied undertaking as if the person
26
had given the varied undertaking to the Commission instead of the
27
original undertaking, if:
28
(a) the person gives the varied undertaking to the Commission:
29
Amendments Schedule 1
Special access undertakings Part 5
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
15
(i) in response to the notice; and
1
(ii) within the period specified in the notice; and
2
(b) the variations include:
3
(i) all of the variations specified in the notice under
4
paragraph (2)(a); or
5
(ii) variations that have the same effect as all of the
6
variations specified in the notice under that paragraph.
7
25 Application of amendments
8
The amendments made by this Part apply to special access undertakings
9
given to the Commission on or after the commencement of this item.
10
Schedule 1 Amendments
Part 6 Fixed principles
16
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
Part 6--Fixed principles
1
Competition and Consumer Act 2010
2
26 After subsection 152BCD(1)
3
Insert:
4
(1A) Without limiting the matters to which the Commission must have
5
regard in determining whether to include a fixed principles
6
provision, the Commission must have regard to any relevant fixed
7
principles provisions included in other access determinations.
8
27 Paragraph 152CBAA(5)(h)
9
Omit "for a reason that concerns", substitute "on the basis of the
10
inclusion or effect of".
11
28 Subsection 152CBAA(6)
12
Omit "for a reason that concerns", substitute "on the basis of the
13
inclusion or effect of".
14
29 At the end of section 152CBD
15
Add:
16
Fixed principles terms and conditions specified in other
17
undertakings
18
(7) Subsection (8):
19
(a) applies for the purpose of the Commission determining
20
whether to accept the undertaking; and
21
(b) does not limit the matters to which the Commission must
22
have regard.
23
(8) In considering a fixed principles term or condition specified in the
24
undertaking, the Commission must have regard to any relevant
25
fixed principles term or condition specified in another special
26
access undertaking accepted by the Commission.
27
Amendments Schedule 1
NBN corporations Part 7
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
17
Part 7--NBN corporations
1
Division 1
--Line of business restrictions
2
National Broadband Network Companies Act 2011
3
30 At the end of Division 2 of Part 2
4
Add:
5
Subdivision E--Regulations
6
22B Regulations
7
(1) Sections 18, 19 and 20 do not apply in circumstances the
8
regulations specify.
9
(2) To avoid doubt, this section does not affect the operation of
10
section 9 (Supply of eligible services to be on wholesale basis).
11
Division 2
--Supply of goods and services
12
National Broadband Network Companies Act 2011
13
31 Section 19
14
Repeal the section, substitute:
15
19 Non-communications goods not to be traded
16
An NBN corporation must not supply goods to another person
17
unless:
18
(a) the goods are for use in connection with the supply, or
19
prospective supply, of an eligible service by the NBN
20
corporation; or
21
(b) the NBN corporation did not obtain the goods for the purpose
22
of supplying the goods; or
23
(c) the NBN corporation:
24
Schedule 1 Amendments
Part 7 NBN corporations
18
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
(i) obtained the goods for the purpose of supplying the
1
goods in connection with the supply, or prospective
2
supply, of an eligible service by the NBN corporation;
3
and
4
(ii) considers the goods to be excess to the NBN
5
corporation's requirements.
6
Division 3
--Authorised conduct
7
Competition and Consumer Act 2010
8
32 Subsection 4(1)
9
Insert:
10
listed point of interconnection has the meaning given by
11
subsection 151DB(2).
12
point of interconnection has the meaning given by
13
subsection 151DB(1A).
14
33 Paragraph 151DA(1)(b)
15
Omit "uniform national pricing of eligible services supplied by NBN
16
corporations", substitute "access to superfast carriage services by all
17
people in Australia, wherever they reside or carry on business".
18
34 Paragraph 151DA(2)(d)
19
Omit "and".
20
35 Paragraph 151DA(2)(e)
21
Repeal the paragraph.
22
36 Paragraph 151DA(3)(b)
23
Omit "and".
24
37 Paragraph 151DA(3)(c)
25
Repeal the paragraph.
26
Amendments Schedule 1
NBN corporations Part 7
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
19
38 Subsections 151DA(4) to (8)
1
Repeal the subsections.
2
39 Subsection 151DA(9)
3
Repeal the following definitions.
4
(a) definition of listed point of interconnection;
5
(b) definition of point of interconnection;
6
(c) definition of price-related terms and conditions;
7
(d) definition of special access undertaking;
8
(e) definition of uniform national pricing;
9
(f) definition of use.
10
40 After subsection 151DB(1)
11
Insert:
12
(1A) A point of interconnection is a location for the interconnection of
13
facilities.
14
41 Subsection 151DB(2)
15
Omit "For the purposes of this Division, a", substitute "A".
16
42 Subsections 151DB(2B) and (2C)
17
Repeal the subsections.
18
43 At the end of Division 16 of Part XIB
19
Add:
20
151DC When Division ceases to have effect
21
This Division ceases to have effect when the Communications
22
Minister (within the meaning of the National Broadband Network
23
Companies Act 2011) declares under section 48 of that Act that, in
24
his or her opinion, the national broadband network should be
25
treated as built and fully operational.
26
44 Subsection 152AXB(4A)
27
Omit "within the meaning of", substitute "see".
28
Schedule 1 Amendments
Part 7 NBN corporations
20
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
45 Paragraph 152BCB(3B)(b)
1
Repeal the paragraph, substitute:
2
(b) preventing an NBN corporation from engaging in conduct
3
that is so authorised.
4
46 Subsections 152BCB(3C) and (3D)
5
Repeal the subsections.
6
47 Paragraph 152BDA(3B)(b)
7
Repeal the paragraph, substitute:
8
(b) preventing an NBN corporation from engaging in conduct
9
that is so authorised.
10
48 Subsections 152BDA(3C) and (3D) and 152CBD(5A) and
11
(5B)
12
Repeal the subsections.
13
Amendments Schedule 1
Declared services and eligible services Part 8
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
21
Part 8--Declared services and eligible services
1
Division 1
--Definition of declared service
2
Competition and Consumer Act 2010
3
49 Section 152AC (definition of declared service)
4
Omit "section 152AL", substitute "sections 152AL and 152AQA and
5
subsection 152F(5)".
6
50 After section 152AQ
7
Insert:
8
152AQA Definitive agreements and other arrangements
9
(1) Despite section 152AL, an eligible service to which
10
paragraph 152AL(1)(b) (service that facilitates the supply of a
11
listed carriage service) applies is not a declared service to the
12
extent that the service is supplied under any of the following that
13
are in force at the commencement of this section:
14
(a) a contract, arrangement or understanding to which a
15
determination made under subsection 577BA(9) of the
16
Telecommunications Act 1997 (about structural separation)
17
applies at the commencement of this section;
18
(b) the contract entered into between NBN Co and Optus
19
Networks Pty Limited (ABN 92 008 570 330) on 23 June
20
2011 and restated on 14 December 2014;
21
(c) if the eligible service is supplied by an NBN corporation--an
22
arrangement between an NBN corporation and another
23
carrier (including an agreement entered into in compliance
24
with Schedule 1 to the Telecommunications Act 1997).
25
Note:
It is not necessary for the contract, arrangement or understanding to
26
describe the giving of access to facilities etc. as a service.
27
(2) Disregard any changes made to the contract, arrangement or
28
understanding after the commencement of this section (other than a
29
change that ends the contract, arrangement or understanding).
30
Schedule 1 Amendments
Part 8 Declared services and eligible services
22
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
No. , 2015
(3) To avoid doubt, subsection (1) does not apply to an eligible service
1
merely because the eligible service is of the same class as an
2
eligible service supplied under a contract, arrangement or
3
understanding to which that subsection applies.
4
51 At the end of subsection 152CJA(1)
5
Add:
6
; or (d) section 152AQA applies.
7
Division 2
--Definition of eligible service
8
Competition and Consumer Act 2010
9
52 Subsection 4(1)
10
Insert:
11
eligible service has the meaning given by section 152AL.
12
53 Subsection 151DA(9) (definition of eligible service)
13
Repeal the definition.
14
54 Subsection 152AL(1)
15
Omit "section", substitute "Act".
16
55 Subsection 152ARB(6)
17
Repeal the subsection.
18
56 Subsections 152AXD(6) and 152BCA(5)
19
Repeal the subsections.
20
57 Subsection 152BDAA(6)
21
Repeal the subsection.
22
58 Paragraphs 152BE(2)(a) and 152CBA(3C)(a)
23
Omit "(within the meaning of section 152AL)".
24
59 Subsections 152CJA(1) and 152CJB(1)
25
Omit "(within the meaning of section 152AL)".
26
Amendments Schedule 1
Declared services and eligible services Part 8
No. , 2015
Telecommunications Legislation Amendment (Access Regime and NBN
Companies) Bill 2015
23
60 Subsection 152EOA(1B)
1
Repeal the subsection.
2