Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 152BCD

  (1)   An access determination may include a provision that is specified in the determination to be a fixed principles provision.

  (2)   If a fixed principles provision is included in an access determination, the determination must provide that a specified date is the nominal termination date for the fixed principles provision. The nominal termination date may be later than the expiry date for the determination.

  (3)   If:

  (a)   an access determination (the replacement access determination ) is expressed to replace a previous access determination; and

  (b)   the previous access determination included a fixed principles provision; and

  (c)   the nominal termination date for the fixed principles provision is later than the day on which the replacement access determination comes into force;

then:

  (d)   the replacement access determination must include a provision in the same terms as the fixed principles provision; and

  (e)   the provision must be specified in the replacement access determination to be a fixed principles provision; and

  (f)   the nominal termination date for the fixed principles provision so included in the replacement access determination must be the same as, or later than, the nominal termination date for the fixed principles provision included in the previous access determination; and

  (g)   if the previous access determination provided that the previous access determination must not be varied so as to alter or remove the fixed principles provision--the replacement access determination must provide that the replacement access determination must not be varied so as to alter or remove the fixed principles provision; and

  (h)   if the previous access determination provided that the previous access determination must not be varied so as to alter or remove the fixed principles provision except in such circumstances as are specified in the previous access determination:

  (i)   the replacement access determination must provide that the replacement access determination must not be varied so as to alter or remove the fixed principles provision except in such circumstances as are specified in the replacement access determination; and

  (ii)   those circumstances must be the same as the circumstances specified in the previous access determination.

  (4)   If:

  (a)   a fixed principles provision is included in an access determination; and

  (b)   the access determination ceases to be in force before the nominal termination date for the fixed principles provision;

the fixed principles provision ceases to be in force when the access determination ceases to be in force.

Note:   Even though a fixed principles provision ceases to be in force when the access determination ceases to be in force, subsection   (3) requires that a replacement access determination include a provision in the same terms as the fixed principles provision.

  (5)   If a fixed principles provision is included in an access determination, the access determination must:

  (a)   provide that the access determination must not be varied so as to alter or remove the fixed principles provision; or

  (b)   provide that the access determination must not be varied so as to alter or remove the fixed principles provision except in such circumstances as are specified in the access determination.