Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 185

185. (1) Neither of section 183 and subsection 184 (1) applies where the
discrimination makes only reasonable allowance for differences in the costs or
likely costs of supplying services if the differences result from any of the
following:

   (a)  the different quantities in which the services are supplied;

   (b)  the different transmission capacity needed to supply the services;

   (c)  the different places from or to which the services are supplied;

   (d)  the different periods for which the services are supplied;

   (e)  the different performance characteristics at which the services are
        supplied;

   (f)  such other matters as are prescribed.

(2) Where a discrimination in relation to the charges for telecommunications
services would make only reasonable allowance for differences in the other
terms and conditions on which the services are supplied, neither of section 
183 and subsection 184 (1) applies in relation to the discrimination in
relation to the charges, or in relation to the differences in the other terms
and conditions.

(3) In a proceeding for a contravention of section 183 or subsection 184 (1),
the onus of establishing that that section or subsection does not apply
because of subsection (1) or (2) of this section is on the party asserting
that.