Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 152AQB

Core services

             (1)  For the purposes of this section, each of the following declared services is a core service :

                     (a)  the Domestic PSTN Originating Access Service (as described in the relevant declaration);

                     (b)  the Domestic PSTN Terminating Access Service (as described in the relevant declaration);

                     (c)  the Unconditioned Local Loop Service (as described in the relevant declaration);

                     (d)  the Local Carriage Service (as described in the relevant declaration);

                     (e)  a declared service specified in the regulations.

Determination setting out model terms and conditions

             (2)  The Commission must make a written determination setting out model terms and conditions relating to access to each core service.

Timing

             (3)  The Commission must take all reasonable steps to ensure that a determination relating to a core service referred to in paragraph (1)(a), (b), (c) or (d) is made within 6 months after the commencement of this section.

             (4)  The Commission must take all reasonable steps to ensure that a determination relating to a core service specified in the regulations is made within 6 months after the relevant regulation takes effect.

Public consultation

             (5)  Before making a determination under this section, the Commission must:

                     (a)  publish a draft of the determination and invite people to make submissions to the Commission on the draft determination; and

                     (b)  consider any submissions that are received within the time limit specified by the Commission when it published the draft determination.

Consultation with ACMA

             (6)  Before making a determination under this section, the Commission must consult the ACMA.

Publication

             (7)  The Commission must publish a determination under this section in such manner as it considers appropriate (including in electronic form).

Duration of determination

             (8)  Unless sooner revoked, a determination under this section relating to a particular core service ceases to be in force at the end of:

                     (a)  the period of 5 years beginning on the day on which the determination was made; or

                     (b)  if a longer period is specified in the regulations in relation to the determination--that longer period.

Arbitration

             (9)  The Commission must have regard to a determination under this section if it is required to arbitrate an access dispute under Division 8 in relation to a core service covered by the determination.

Ministerial pricing determinations prevail etc.

           (10)  A determination under this section has no effect to the extent that it is inconsistent with:

                     (a)  any Ministerial pricing determination; or

                     (b)  any determination under section 152AQA.

Other powers not limited

           (11)  To avoid doubt, neither:

                     (a)  this section; nor

                     (b)  a determination under this section;

limits the Commission's powers under the following provisions:

                     (c)  Division 4 (which deals with the telecommunications access code);

                     (d)  Division 5 (which deals with access undertakings).