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COMPETITION AND CONSUMER ACT 2010 - SECT 152BC Access determinations

COMPETITION AND CONSUMER ACT 2010 - SECT 152BC

Access determinations

  (1)   The Commission may make a written determination relating to access to a declared service.

  (2)   A determination under subsection   (1) is to be known as an access determination .

  (3)   An access determination may:

  (a)   specify any or all of the terms and conditions on which a carrier or carriage service provider is to comply with any or all of the standard access obligations applicable to the carrier or provider; or

  (b)   specify any other terms and conditions of an access seeker's access to the declared service; or

  (c)   require a carrier or carriage service provider to comply with any or all of the standard access obligations applicable to the carrier or provider in a manner specified in the determination; or

  (d)   require a carrier or carriage service provider to extend or enhance the capability of a facility by means of which the declared service is supplied; or

  (e)   impose other requirements on a carrier or carriage service provider in relation to access to the declared service; or

  (f)   specify the terms and conditions on which a carrier or carriage service provider is to comply with any or all of those other requirements; or

  (g)   require access seekers to accept, and pay for, access to the declared service; or

  (h)   provide that any or all of the obligations referred to in section   152AR are not applicable to a carrier or carriage service provider, either:

  (i)   unconditionally; or

  (ii)   subject to such conditions or limitations as are specified in the determination; or

  (i)   restrict or limit the application to a carrier or carriage service provider of any or all of the obligations referred to in section   152AR; or

  (j)   deal with any other matter relating to access to the declared service.

  (4)   Subsection   (3) does not limit subsection   (1).

  (4A)   An access determination may be expressed to be an NBN - specific access determination.

  (4B)   An access determination does not apply in relation to access to a declared service to the extent to which the service is supplied, or is capable of being supplied, by an NBN corporation unless the access determination is expressed to be an NBN - specific access determination.

  (4C)   If an access determination is expressed to be an NBN - specific access determination, the access determination does not apply in relation to access to a declared service to the extent to which the service is supplied, or is capable of being supplied, by a person other than an NBN corporation.

  (5)   An access determination may make different provision with respect to:

  (a)   different carriers or carriage service providers; or

  (b)   different classes of carriers or carriage service providers; or

  (c)   different access seekers; or

  (d)   different classes of access seekers.

  (6)   Subsection   (5) does not, by implication, limit subsection   33(3A) of the Acts Interpretation Act 1901 .

  (7)   An access determination may provide for the Commission to perform functions, and exercise powers, under the determination.

  (8)   Terms and conditions specified in an access determination as mentioned in paragraph   (3)(a), (b) or (f) must include terms and conditions relating to price or a method of ascertaining price.

  (9)   An access determination is not a legislative instrument.