Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 152AF — Access
(1) A reference in this Part to access, in relation to a declared service, is a reference to access by a service provider in order that the service provider can provide carriage services and/or…
Section 152BCF — Duration of access determination
(1) An access determination relating to access to a declared service: (a) comes into force on the day specified in the determination as the day on which the determination is to come into force; and…
Section 152BDF — Carrier licence condition
A carrier licence held by a carrier is subject to a condition that the carrier must comply with any binding rules of conduct that are applicable to the carrier.
Section 152CBF — Duration of access undertaking
(1) This section applies if a person gives the Commission a special access undertaking relating to a service. (2) If the Commission accepts the undertaking: (a) the undertaking comes into operation…
Section 152CJF — Standard form of access agreement
For the purposes of this Part, if, at a particular time, a service is not a declared service, a standard form of access agreement relating to access to the service may be formulated by an NBN…
Section 152EF — Prohibition on hindering the fulfilment of a standard access obligation etc.
(1) A person must not engage in conduct for the purpose of preventing or hindering the fulfilment of: (a) a standard access obligation; or (b) a requirement imposed by an access determination; or…
Section 152AG — Access seeker
(1) This section sets out the circumstances in which a person is taken to be an access seeker in relation to a declared service for the purposes of this Part. (2) A service provider is an access…
Section 152BCG — Interim access determinations
(1) If: (a) the Commission makes a declaration under section 152AL after the commencement of this section; and (b) the declaration is not a fresh declaration that replaces a previous declaration; and…
Section 152BDG — 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 152CBG — Variation of access undertakings
(1) This section applies if a special access undertaking given by a person is in operation. (2) The person may give the Commission a variation of the undertaking. (2A) Before the Commission makes a…
Section 152CJG — When NBN corporation is not capable of supplying a carriage service
Condition of a carrier licence (1) If a condition of a carrier licence held by an NBN corporation prohibits the NBN corporation from supplying a specified carriage service to carriers or service…
Section 152EG — Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc.
(1) If the Federal Court is satisfied, on the application of any person, that another person (the obstructor) has engaged, is engaging, or is proposing to engage in conduct constituting a…
Section 152AH — 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…
Section 152BCH — Access determination to be made after public inquiry
(1) The Commission must not make an access determination unless: (a) the Commission has held a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make the…
Section 152BDH — Private enforcement of binding rules of conduct
(1) If the Federal Court is satisfied, on the application of: (a) an access seeker; or (b) a carrier; or (c) a carriage service provider; that a person has engaged, is engaging, or is proposing to…
Section 152BEBH — Statutory infrastructure provider standards prevail over inconsistent access agreements
(1) An access agreement entered into after the commencement of this section has no effect to the extent to which it is inconsistent with a standard determined, or a benchmark set, under section 360U…
Section 152CBH — Further information about variation of access undertaking
(1) This section applies if a person gives the Commission a variation of a special access undertaking. (2) The Commission may request the person to give the Commission further information about the…
Section 152CH — Ministerial pricing determinations
(1) The Minister may, by legislative instrument, make a determination setting out principles dealing with price-related terms and conditions relating to the standard access obligations. The…
Section 152CJH — Explanatory material relating to anti-discrimination provisions
The Commission must: (a) as soon as practicable after the commencement of this section, publish on its website explanatory material relating to the following provisions: (i) section 152AXC; (ii)…
Section 152EH — Consent injunctions
On an application for an injunction under section 152EG, the Federal Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied that the…
Section 152AI — When public inquiry commences
For the purposes of this Part, a public inquiry held by the Commission under Part 25 of the Telecommunications Act 1997 commences when the Commission publishes the notice under section 498 of that…
Section 152BCI — When public inquiry must be held
(1) If: (a) the Commission makes a declaration under section 152AL after the commencement of this section; and (b) no access determination has previously been made in relation to access to the…
Section 152BDI — Consent injunctions
On an application for an injunction under section 152BDH, the Federal Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied that the…
Section 152BEBI — Statutory infrastructure provider rules prevail over inconsistent access agreements
(1) An access agreement entered into after the commencement of this section has no effect to the extent to which it is inconsistent with rules made under section 360V of the Telecommunications Act…
Section 152CBI — Voluntary withdrawal of undertaking
(1) This section applies if a special access undertaking given by a person is in operation. (2) The person may, by written notice given to the Commission, withdraw the undertaking if: (a) the service…
Section 152CI — Undertakings, access determinations and binding rules of conduct that are inconsistent with Ministerial pricing determinations
(1) If a provision of an access undertaking is inconsistent with any Ministerial pricing determination, the provision has no effect to the extent of the inconsistency. (2) If a provision of an access…
Section 152EI — Interim injunctions
(1) The Federal Court may grant an interim injunction pending determination of an application under section 152EG. (2) If the Commission makes an application under section 152EG to the Federal Court…
Section 152AJ — Interpretation of Part IIIA not affected by this Part
In determining the meaning of a provision of Part IIIA, the provisions of this Part (other than section 152CK) are to be ignored.
Section 152BCJ — Combined inquiries about proposals to make access determinations
(1) The Commission may decide to combine 2 or more public inquiries of a kind mentioned in section 152BCH. (2) If the Commission makes such a decision: (a) the Commission may publish a single notice…
Section 152BDJ — Interim injunctions
The Federal Court may grant an interim injunction pending determination of an application under section 152BDH.
Section 152CBJ — Proposed service
In this Subdivision, a reference to a service includes a reference to a proposed service.
Section 152CJ — Register of Ministerial pricing determinations
(1) The Commission must keep a Register of Ministerial pricing determinations. (2) The Register is to be maintained by electronic means. (3) The Register is to be made available for inspection on the…
Section 152EJ — Factors relevant to granting a restraining injunction
The power of the Federal Court to grant an injunction under section 152EG restraining a person from engaging in conduct may be exercised whether or not: (a) it appears to the Court that the person…
Section 152AK — Operation of Parts IV, IVA and VII not affected by this Part
This Part does not affect the operation of Parts IV, IVA and VII.
Section 152BCK — Time limit for making an access determination
(1) This section applies if the Commission commences to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination, and the declared…
Section 152BDK — Factors relevant to granting a restraining injunction
The power of the Federal Court to grant an injunction under section 152BDH restraining a person from engaging in conduct may be exercised whether or not: (a) it appears to the Court that the person…
Section 152CK — Relationship between this Part and Part IIIA
(1) A notification must not be given under section 44S in relation to an access dispute if: (a) the dispute relates to one or more aspects of access to a declared service (within the meaning of this…
Section 152EK — Factors relevant to granting a mandatory injunction
The power of the Federal Court to grant an injunction under section 152EG requiring a person to do a thing may be exercised whether or not: (a) it appears to the Court that the person intends to…
Section 152AL — Declared services
Eligible service (1) For the purposes of this section, an eligible service is: (a) a listed carriage service (within the meaning of the Telecommunications Act 1997); or (b) a service that facilitates…
Section 152BDL — Factors relevant to granting a mandatory injunction
The power of the Federal Court to grant an injunction under section 152BDH requiring a person to do a thing may be exercised whether or not: (a) it appears to the Court that the person intends to…
Section 152EL — Discharge or variation of injunction or other order
The Federal Court may discharge or vary an injunction or order granted under this Division.
Section 152AM — Inquiries about proposals to declare services
(1) This section applies to a public inquiry of a kind mentioned in paragraph 152AL(3)(a) or (8A)(a) or 152ALA(7)(a). (2) The Commission may hold the inquiry: (a) on its own initiative; or (b) if…
Section 152BDM — Discharge or variation of injunction or other order
The Federal Court may discharge or vary an injunction or order granted under this Subdivision.
Section 152EM — Continuity of partnerships
For the purposes of this Part, a change in the composition of a partnership does not affect the continuity of the partnership.
Section 152AN — Combined inquiries about proposals to declare services
(1) The Commission may decide to combine 2 or more public inquiries of a kind mentioned in paragraph 152AL(3)(a), or (8A)(a) or 152ALA(7)(a). (2) If the Commission makes such a decision: (a) the…
Section 152BCN — Variation or revocation of access determinations
(1) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the Commission by section 152BC, but it applies with the following changes. (2) The Commission is not required…
Section 152BDN — Register of Binding Rules of Conduct
(1) The Commission is to maintain a register, to be known as the Register of Binding Rules of Conduct, in which the Commission includes all binding rules of conduct in force. (2) The Register is to…
Section 152EN — Treatment of partnerships
This Part applies to a partnership as if the partnership were a person, but it applies with the following changes: (a) obligations that would be imposed on the partnership are imposed instead on each…
Section 152AO — Variation or revocation of declaration
(1) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the Commission by section 152AL, but it applies with the following changes. (1A) If: (a) a declaration under…
Section 152BCO — Carrier licence condition
A carrier licence held by a carrier is subject to a condition that the carrier must comply with any access determinations that are applicable to the carrier.