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

Schedule 2   Local access lines

Telecommunications Act 1997

24   Section 142

Repeal the section, substitute:

142 Simplified outline of this Part

• A controller of a local access line (other than a line that is part of the infrastructure of the national broadband network) must not use the line to supply an eligible service to a person other than a carrier or a service provider, if:

(a) the line came into existence, or was upgraded, on or after the designated commencement date; and

(b) the line is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia; and

(c) no functional separation undertaking is in force.

• A controller of a telecommunications network (other than the national broadband network) must not use a local access line to supply an eligible service to a person other than a carrier or a service provider, if:

(a) the line is part of the infrastructure of the network; and

(b) the network came into existence, or was upgraded, on or after 1 January 2011, but before the designated commencement date; and

(c) the network is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia; and

(d) no functional separation undertaking is in force.