Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 (47 of 2020)

Schedule 2   Local access lines

Telecommunications Act 1997

33   At the end of Division 1 of Part 8

Add:

142B Functional separation undertaking given by a person

A reference in this Part to a functional separation undertaking given by a person is a reference to a functional separation undertaking given by the person either:

(a) alone; or

(b) jointly with one or more other persons.

142BA Promotion of the long-term interests of end-users of carriage services and of services supplied by means of carriage services

For the purposes of this Part, the question whether a particular thing promotes the long-term interests of end-users of carriage services or of services supplied by means of carriage services is to be determined in the same manner as it is determined for the purposes of Part XIC of the Competition and Consumer Act 2010.

142BB Terms and conditions

For the purposes of this Part:

(a) a notional contract (however described) between a corporation's business units is to be treated as if it were an actual contract; and

(b) any terms and conditions (whether or not relating to price or a method of ascertaining price) in such a notional contract are to be treated as if they were actual terms and conditions.

142BC Unsatisfactory compliance record

For the purposes of this Part, the question of whether a person has an unsatisfactory compliance record in relation to functional separation is to be determined having regard only to:

(a) any breaches by the person of functional separation undertakings given by the person, so long as the breaches occurred when the undertakings were in force; and

(b) any contraventions by the person of section 143B, 151ZA, 151ZB, 151ZF, 151ZG, 151ZH or 151ZI.

142BD Designated carriage service

(1) For the purposes of this Part, designated carriage service means:

(a) if a carriage service is specified in an instrument under subsection (2) - that carriage service; or

(b) otherwise - a Layer 2 bitstream service.

(2) The ACCC may, by legislative instrument, specify a carriage service for the purposes of paragraph (1)(a).

(3) The ACCC must not specify a carriage service under subsection (2) unless:

(a) the carriage service enables end-users to download communications; and

(b) the download transmission speed of the carriage service is normally 25 megabits per second or more; and

(c) the carriage service is supplied using a line to premises occupied or used by an end-user; and

(d) there is in force a declaration under subsection 152AL(3) of the Competition and Consumer Act 2010 that relates to the carriage service.