Section 152AH — Competition and Consumer Act 2010: Reasonableness—terms and conditions

(1) For the purposes of this Part, in determining whether particular terms and conditions are reasonable, regard must be had to the following matters: (a) whether the terms and conditions promote the long-term interests of end-users of carriage services or of services supplied by means of carriage services; (b) the legitimate business interests of the carrier or carriage service provider concerned, and the carrier’s or provider’s investment in facilities used to supply the declared service concerned; (c) the interests of persons who have rights to use the declared service concerned; (d) the direct costs of providing access to the declared service concerned; (e) the operational and technical requirements necessary for the safe and reliable operation of a carriage service, a telecommunications network or a facility; (f) the economically efficient operation of a carriage service, a telecommunications network or a facility. (2) Subsection (1) does not, by implication, limit the matters to which regard may be had.