Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 152CDA — Deferral of consideration of an access undertaking etc.
(1) The Procedural Rules may authorise the Commission to defer consideration of: (a) an access undertaking; or (b) a variation of an access undertaking. (2) Subsection (1) has effect despite anything…
Section 152CJA — Supply of services by NBN corporations
(1) An NBN corporation must not supply an eligible service (within the meaning of section 152AL) to another person unless: (a) the service is a declared service under subsection 152AL(8A); or (b)…
Section 152ELA — Procedural Rules
(1) The Commission may, by written instrument, make rules: (a) making provision for or in relation to the practice and procedure to be followed by the Commission in performing functions, or…
Section 152EQA — Voluntary undertakings originally given by Telstra
Scope (1) This section applies if an undertaking is in force under section 577A of the Telecommunications Act 1997. Note: Section 577A of the Telecommunications Act 1997 deals with undertakings about…
Section 152AB — Object of this Part
Object (1) The object of this Part is to promote the long-term interests of end-users of carriage services or of services provided by means of carriage services. Promotion of the long-term interests…
Section 152AXB — Category B standard access obligations
(1) This section sets out the category B standard access obligations. Supply of declared service to service provider (2) If: (a) an NBN corporation is a carrier or carriage service provider; and (b)…
Section 152BB — Judicial enforcement of standard access obligations
(1) If the Federal Court is satisfied that a carrier or carriage service provider has contravened any of the standard access obligations that are applicable to the carrier or provider, the Court may,…
Section 152BBB — Enforcement of directions
(1) If the Federal Court is satisfied that a person has contravened subsection 152BBA(5) or (6), the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each…
Section 152BCB — Restrictions on access determinations
(1) The Commission must not make an access determination that would have any of the following effects: (a) preventing a service provider who already has access to the declared service from obtaining…
Section 152BCCB — Statutory infrastructure provider standards and rules prevail over inconsistent access determinations
An access determination has no effect to the extent to which it is inconsistent with: (a) a standard determined, or a benchmark set, under section 360U of the Telecommunications Act 1997; or (b)…
Section 152BDB — Access agreements prevail over inconsistent binding rules of conduct
If binding rules of conduct are applicable to the following parties: (a) a carrier or carriage service provider; (b) an access seeker; the binding rules of conduct have no effect to the extent to…
Section 152BDCB — Statutory infrastructure provider standards and rules prevail over inconsistent binding rules of conduct
Binding rules of conduct have no effect to the extent to which they are inconsistent with: (a) a standard determined, or a benchmark set, under section 360U of the Telecommunications Act 1997; or (b)…
Section 152BEB — Commission may request copy of access agreement or variation agreement
(1) The Commission may, by writing, request a carrier or carriage service provider who supplies, or proposes to supply, a declared service to provide a copy of either or both of the following: (a) an…
Section 152BEBB — NBN corporation to give the Commission a statement about the differences between an access agreement and a special access undertaking
Access agreement (1) If: (a) an access agreement is covered by subsection 152BE(1); and (b) the carrier or carriage service provider who supplies, or proposes to supply, the declared service is an…
Section 152CBB — Further information about undertaking
(1) This section applies if a person gives a special access undertaking to the Commission. (2) The Commission may request the person to give the Commission further information about the undertaking.…
Section 152CBIB — Special access undertakings prevail over inconsistent binding rules of conduct
Binding rules of conduct have no effect to the extent to which they are inconsistent with a special access undertaking that is in operation.
Section 152CJB — Mandatory NBN services
Scope (1) This section applies if a condition of a carrier licence held by an NBN corporation requires the NBN corporation to comply with this section in relation to a specified eligible service…
Section 152AC — Definitions
In this Part, unless the contrary intention appears: access has the meaning given by section 152AF. access agreement has the meaning given by section 152BE. access determination means a determination…
Section 152AQC — Compensation for acquisition of property
(1) If the operation of any or all of the following provisions: (a) subsection 152AL(9), (10), (11), (12), (13) or (14); (b) subsection 152ALA(10), (11), (12) or (13); would result in an acquisition…
Section 152AXC — NBN corporation to supply declared services on a non-discriminatory basis
No discrimination between access seekers (1) An NBN corporation must not, in complying with any of its category B standard access obligations, discriminate between access seekers. Note: For…
Section 152BBC — Commission’s role in negotiations
(1) This section applies if a carrier or carriage service provider is required to comply with any or all of the standard access obligations. (2) If the following parties: (a) the carrier or carriage…
Section 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…
Section 152BCC — Access agreements prevail over inconsistent access determinations
If an access determination is applicable to the following parties: (a) a carrier or carriage service provider; (b) an access seeker; the access determination has no effect to the extent to which it…
Section 152BDC — Duration of binding rules of conduct
(1) Binding rules of conduct come into force on the day specified in the rules as the day on which the rules are to come into force. (2) Binding rules of conduct must specify an expiry date for the…
Section 152BEBC — NBN corporation to give the Commission a statement about the differences between an access agreement and an access determination
Access agreement (1) If: (a) an access agreement is covered by subsection 152BE(1); and (b) the carrier or carriage service provider who supplies, or proposes to supply, the declared service is an…
Section 152BEC — Carrier licence condition
A carrier licence held by a carrier is subject to a condition that the carrier must comply with sections 152BEA, 152BEB, 152BEBA, 152BEBB and 152BEBC.
Section 152CBC — Commission to accept or reject access undertaking
(1) This section applies if a person gives a special access undertaking to the Commission. (1A) Before the Commission makes a decision under subsection (2) in relation to the undertaking, the person…
Section 152CBIC — Access agreements prevail over special access undertakings
A special access undertaking has no effect to the extent to which it is inconsistent with an access agreement.
Section 152CC — Register of access undertakings
(1) The Commission is to maintain a Register in which the Commission includes: (a) all access undertakings that have been accepted by the Commission (including those that are no longer in operation);…
Section 152CJC — Carrier licence condition
A carrier licence held by an NBN corporation is subject to a condition that the NBN corporation must comply with any rules in section 152CJA that are applicable to the NBN corporation. Note: See also…
Section 152ELC — Plan for the development of Procedural Rules
(1) Within 6 months after the commencement of this section, the Commission must: (a) prepare a written plan setting out: (i) an outline of the Commission’s proposals for making Procedural Rules; and…
Section 152AD — This Part binds the Crown
(1) The following provisions of this Act bind the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory: (a) this Part; (b) the…
Section 152AXD — NBN corporation to carry on related activities on a non-discriminatory basis
(1) An NBN corporation must not, in carrying on any of the following activities, discriminate between access seekers: (a) developing a new eligible service; (b) enhancing a declared service; (c)…
Section 152BBD — Reaching agreement on terms and conditions of access
(1) The Commission must, in exercising its powers under sections 152BBA and 152BBC in relation to any of the category A standard access obligations, have regard to the desirability of access…
Section 152BCD — Fixed principles provisions
(1) An access determination may include a provision that is specified in the determination to be a fixed principles provision. (2) If a fixed principles provision is included in an access…
Section 152BD — Binding rules of conduct
(1) The Commission may make written rules that: (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…
Section 152BDD — Commission must give copy of binding rules of conduct to carrier etc.
If binding rules of conduct are limited to a particular carrier, carriage service provider or access seeker, as soon as practicable after making the rules, the Commission must give a copy of the…
Section 152BEBD — Register of NBN Access Agreement Statements
(1) The Commission is to maintain a register, to be known as the Register of NBN Access Agreement Statements, in which the Commission includes all statements given to it under the following…
Section 152BED — Service provider rule
(1) In addition to the rules mentioned in section 98 of the Telecommunications Act 1997, the rule set out in subsection (2) of this section is a service provider rule for the purposes of that Act.…
Section 152CBD — Criteria for accepting access undertaking
(1) This section applies if a person gives the Commission a special access undertaking relating to a service. (2) The Commission must not accept the undertaking unless: (a) if paragraph 152CBA(1)(a)…
Section 152CBID — Statutory infrastructure provider standards and rules prevail over inconsistent special access undertakings
A special access undertaking has no effect to the extent to which it is inconsistent with: (a) a standard determined, or a benchmark set, under section 360U of the Telecommunications Act 1997; or (b)…
Section 152CD — Enforcement of access undertakings
(1) This section applies if an access undertaking given by a person (the first person) is in operation. (2) If: (a) the Commission; or (b) any person (the affected person) whose interests are…
Section 152CJD — Service provider rule
(1) In addition to the rules mentioned in section 98 of the Telecommunications Act 1997, the rule set out in subsection (2) of this section is a service provider rule for the purposes of that Act.…
Section 152ELD — Compensation for acquisition of property
(1) If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the…
Section 152AE — Extension to external Territories
(1) This Part, and the other provisions of this Act so far as they relate to this Part, extend to each eligible Territory (within the meaning of the Telecommunications Act 1997). (2) The operation of…
Section 152BCE — Access determinations may be set out in the same document
Two or more access determinations may be set out in the same document.
Section 152BDE — Access determinations that are inconsistent with binding rules of conduct
If a provision of an access determination (other than a fixed principles provision) is inconsistent with binding rules of conduct, the provision has no effect to the extent of the inconsistency.
Section 152BE — Access agreements
(1) For the purposes of this Part, an access agreement is an agreement, where: (a) the agreement is in writing; and (b) the agreement is legally enforceable; and (c) the agreement relates to access…
Section 152CBE — Extension of access undertaking
(1) This section applies if: (a) a special access undertaking is given by a person; and (b) the undertaking is in operation; and (c) the undertaking provides for the person to extend the expiry time…
Section 152CJE — Judicial enforcement of obligations
(1) If the Federal Court is satisfied that an NBN corporation has contravened an obligation imposed by section 152CJA or 152CJB, the Court may, on the application of: (a) the Commission; or (b) any…