Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo discrimination between wholesale customers
(1) If:
(a) an eligible service is supplied, or proposed to be supplied, by a person using a local access line; and
(b) any of the following conditions is satisfied:
(i) section 142C applies to the line;
(ii) section 143 applies to the line;
(iii) neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line;
the person must not, on or after the designated commencement date, discriminate between the person's wholesale customers, or the person's prospective wholesale customers, in relation to the supply of eligible services using the line.
(2) The rule in subsection (1) does not prevent discrimination against a wholesale customer, or prospective wholesale customer, if the person has reasonable grounds to believe that the wholesale customer or prospective wholesale customer would fail, to a material extent, to comply with the terms and conditions on which the person supplies eligible services using the line.
(3) Examples of grounds for believing as mentioned in subsection (2) include:
(a) evidence that the wholesale customer or prospective wholesale customer is not creditworthy; and
(b) repeated failures by the wholesale customer or prospective wholesale customer to comply with the terms and conditions on which the person supplied eligible services (whether or not using the line).
No discrimination by a person in favour of itself
(4) If:
(a) a person supplies, or proposes to supply, an eligible service using a local access line:
(i) to itself; and
(ii) to its wholesale customers or prospective wholesale customers; and
(b) any of the following conditions is satisfied:
(i) section 142C applies to the line;
(ii) section 143 applies to the line;
(iii) neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line;
the person must not, on or after the designated commencement date, discriminate in favour of itself in relation to the supply of the eligible service.
Ancillary contraventions
(5) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (1) or (4); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1) or (4); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1) or (4); or
(d) conspire with others to effect a contravention of subsection (1) or (4).
Civil penalty provisions
(6) Subsections (1), (4) and (5) are civil penalty provisions .
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.