telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.8
1 Part 2 of Schedule 1
Defines pre-commencement reporting period for transitional provisions.
2 Transitional—clauses 14 and 15 of Schedule 1 to the
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.30
1 Section 6 (after table item 9)
2 After Part 31
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.32
28 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
A person may give an enforceable undertaking about compliance with the Act.
572A Simplified outline
572B Acceptance of undertakings
572B(1) Acceptance of undertakings
Expressing an undertaking under section 572B(2)
572B(2) Acceptance of undertakings
Consent required for withdrawal or variation of undertaking
572B(3) Acceptance of undertakings
The person may withdraw or vary the undertaking
572B(4) Acceptance of undertakings
Temporal relation between cancellation and undertaking
(4) The ACMA may, by written notice given to the person
Cancellation implies termination of undertaking
Implication of cancellation on undertaking
Cancellation is inferred from ACMA's action
Inference of cancellation from ACMA's action
ACMA may, by written notice given to the person
Cancellation propagates through the system
Propagation of cancellation through the system
ACMA may publish undertaking on its Internet site.
572B(5) Acceptance of undertakings
Includes the Telecommunications (Consumer Protection and Service Standards) Act 1999.
572B(6) Acceptance of undertakings
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.31
572C Enforcement of undertakings
572C(1) Enforcement of undertakings
Court may order person to comply with undertaking.
572C(2) Enforcement of undertakings
Insertion of '(1)' before 'A carrier licence'
1 Section 61
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.50
151CP Operational separation for Telstra
Telstra must comply with the final operational separation plan.
151CP(1) Operational separation for Telstra
Must have regard to conduct relevant to Telstra's functions or powers.
151CP(2) Operational separation for Telstra
Temporal relationship between conduct and consideration.
(2) In performing a function, or exercising a power, under this Part in relation to Telstra...
Relevance of conduct to Telstra's functions or powers.
Obligation to consider conduct relevant to Telstra's functions or powers.
152EQ Operational separation for Telstra
Telstra must comply with a final operational separation plan.
152EQ(1) Operational separation for Telstra
Must have regard to conduct relevant to the function or power under this Part in relation to Telstra.
152EQ(2) Operational separation for Telstra
The Commission must have regard to the conduct.
2 At the end of section 61
Minister may declare Part 8 of Schedule 1 ceases to have effect on a specified day.
2(2) At the end of section 61
2(3) At the end of section 61
A declaration under subsection (2) is a legislative instrument.
2(4) At the end of section 61
is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Declaration is applicable during the period of the Legislative Instruments Act 2003.
Declaration is a legislative instrument.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.34
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.36
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.38
No limitation on matters to which regard may be had
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.40
Minister cannot vary determination without Telstra's consent
Consultation requirement before making a determination
(5) Before making a determination under subclause (1)
A determination under subclause (1) is a legislative instrument.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.42
Provide a copy of the preliminary version on the Internet site within 30 days.
The provision has a temporal interval of at least 30 days.
Must provide a copy of the preliminary version on the Internet site.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.44
No variation of a final operational separation plan is a legislative instrument.
Prohibits variations of final operational separation plans from being legislative instruments.
(10) A variation of a final operational separation plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Minister may have regard to matters not limited by subclause (3)
The Minister has an interval of having regard to these matters
Describes a temporal interval between the Minister and matters
(4) Subclause (3) does not limit the matters to which the Minister may have regard.
The Minister has a cognitive relation of having regard to these matters
Describes a cognitive relation between the Minister and matters
The Minister must consider these matters
The Minister has a diffusion of having regard to these matters
Describes a diffusion between the Minister and matters
The Minister has a trace of having regard to these matters
Describes a trace between the Minister and matters
Minister's approval within 90 days is deemed approval.
Minister approved variation under subclause (2).
Variation approval period overlaps with 90-day deadline.
Minister received draft variation before end of 90 days.
Variation approval implies Minister's obligation to approve within 90 days.
Variation approval inference from Minister's obligation.
Minister's obligation to approve variation within 90 days.
Variation approval propagates to Minister's subsequent actions.
Minister neither approves nor refuses to approve variation.
Notify Telstra of decision to approve variation
Minister must notify Telstra of reasons for refusal.
Conditional variation of a plan upon Minister's approval.
A determination under paragraph (3)(b) is a legislative instrument.
The determination under paragraph (3)(b) applies during the period specified in subsection (2)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.46
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.48
A direction under subclause (8) is a legislative instrument.
occurs during the legislative instruments for the purposes of the Legislative Instruments Act 2003.
Temporal relationship with the Legislative Instruments Act 2003
implies that it is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Implication on the definition of a legislative instrument
can be applied by artificial intelligence as a legislative instrument for the purposes of the Legislative Instruments Act 2003.
spreads to other contexts as a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Spread of the definition to other contexts
No contravention of a direction under subsection (2)
(4) Telstra must not contravene a direction under subsection (2).
3 After section 61
30 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
32 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
34 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
36 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
38 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.33
4 After section 69
40 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
42 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
44 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
46 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
48 Aim and objects
Promote transparency and equivalence in wholesale services supply
48(1) Aim and objects
Obligation to promote transparency and equivalence
Promote a principle of equivalence in relation to the supply by Telstra of designated services.
48(2) Aim and objects
Promote a principle of equivalence in relation to the supply by Telstra.
Regard must be had to terms and conditions relating to price or a method of ascertaining price.
48(3) Aim and objects
Temporal interval for regarding terms and conditions.
(3) In determining the principle of equivalence covered by paragraph (2)(a), regard must be had to:
Regard may be had to matters not limited by subclause (3)
48(4) Aim and objects
Must consider the needs of wholesale customers in relation to eligible services.
48(5) Aim and objects
Obligation to consider the needs of wholesale customers.
Must consider the needs of wholesale customers.
The needs of wholesale customers must be considered.
Draft operational separation plan, Draft rectification plan
Prepare operational separation plans and comply with rectification plans.
49 Simplified outline
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.35
5 After paragraph 70(5)(b)
Definitions for Telstra business units and services
50 Definitions
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.39
50A Designated services
50A(1) Designated services
Minister cannot make a determination without Telstra's consent
50A(2) Designated services
Prohibition of making a determination without consent
Applicability of Acts Interpretation Act 1901 to Minister's power
50A(3) Designated services
to a power conferred on the Minister by subclause (1)
Minister's power is subject to Acts Interpretation Act 1901
(3) Subsection 33(3) of the Acts Interpretation Act 1901 applies
50B Declared network services
50B(1) Declared network services
Declared network service is a service specified in a written determination
A determination under subclause (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
50B(2) Declared network services
The provision specifies a temporal interval.
(2) A determination under subclause (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The provision is classified as an undertaking.
The provision specifies a relation between instruments.
Treat notional contracts as actual contracts for Telstra's business units.
50C Notional contracts
Imposes a duty on Telstra's business units.
51 Contents of draft or final operational separation plan
Annual reports and independent audit reports
Telstra must prepare and report on compliance with the operational separation plan.
51(1) Contents of draft or final operational separation plan
Requires reporting within a specified period after each financial year
(i) within a specified period after the end of each financial year, to prepare a report about the extent to which Telstra complied with the plan during that year;
Expresses a duty to give reports to the Minister
(ii) to give the report to the Minister;
Expresses a duty to make reports available on the Internet site
(iii) to make a copy of the report, or extracts from the report, available on Telstra’s Internet site;
Manner of meeting paragraph (1)(b) or (c) requirement is not limited by subclause.
51(2) Contents of draft or final operational separation plan
Empowers Minister, ACCC or ACMA to make decisions of an administrative character.
51(3) Contents of draft or final operational separation plan
Temporal relation to administrative decisions
A determination under paragraph (1)(d) is a legislative instrument
51(4) Contents of draft or final operational separation plan
(4) A determination under paragraph (1)(d) is a legislative instrument
Definition of final operational separation plan
A final operational separation plan is a draft operational separation plan that has been approved by the Minister—see clause 55.
Definition of draft operational separation plan
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.41
Must provide draft operational separation plan to Minister within 90 days
52 Draft operational separation plan to be given to Minister
Publish a notice in a newspaper before submitting an operational separation plan
53 Public comment—draft operational separation plan
Before submitting an operational separation plan
54 Approval of draft by Minister
Telstra must give the Minister a draft operational separation plan.
54(1) Approval of draft by Minister
54(10) Approval of draft by Minister
Minister must approve or refuse plan approval
54(2) Approval of draft by Minister
Minister must consider certain matters when deciding to approve a plan.
54(3) Approval of draft by Minister
Plan is a temporal interval that the Minister considers.
(3) In deciding whether to approve the plan, the Minister must have regard to the following matters:
Minister's decision implies consideration of certain matters.
Minister has an obligation to consider certain matters.
Minister's consideration spreads to other matters.
The Minister may have regard for matters beyond the scope of subclause (3).
54(4) Approval of draft by Minister
54(5) Approval of draft by Minister
Plan is approved within 90 days of receipt.
Minister's obligation to approve plan within 90 days.
Minister must notify Telstra in writing of decision to approve plan.
54(6) Approval of draft by Minister
Minister must notify Telstra in writing of reasons for refusal.
54(7) Approval of draft by Minister
The Minister must notify Telstra in writing of the Minister’s reasons for the refusal.
Direct Telstra to vary the draft plan and provide it within 60 days.
54(8) Approval of draft by Minister
Determination under paragraph (3)(b) is a legislative instrument.
54(9) Approval of draft by Minister
A determination under paragraph (3)(b) was made during the legislative process.
Determination made during the legislative process.
(9) A determination under paragraph (3)(b) is a legislative instrument
A determination under paragraph (3)(b) is an argument for the legislative process.
Determination is an argument for the legislative process.
A determination under paragraph (3)(b) is an artificial intelligence application.
Determination is an artificial intelligence application.
A determination under paragraph (3)(b) is an obligation.
A determination under paragraph (3)(b) is a legislative instrument that spreads to other parts of the legislation.
Determination spreads to other parts of the legislation.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.43
55 Effect of approval
55(1) Effect of approval
The final operational separation plan comes into force at the time when Telstra is notified of the approval.
(1) If the Minister approves a draft operational separation plan, the plan becomes a final operational separation plan.
Plan is not a legislative instrument for certain purposes.
55(2) Effect of approval
A final operational separation plan is a legislative instrument for certain purposes.
(2) A final operational separation plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Compliance with a final operational separation plan is not required.
55(3) Effect of approval
(3) Compliance with a final operational separation plan is not a condition of Telstra’s carrier licence.
56 Variation of final operational separation plan
Variation of final operational separation plan requires Telstra's draft variation to be given to the Minister.
56(1) Variation of final operational separation plan
(a) a final operational separation plan is in force; and (b) Telstra gives the Minister a draft variation of the plan.
Must approve or refuse variation of final operational separation plan
56(2) Variation of final operational separation plan
Obligation to approve or refuse variation
Minister must consider certain matters when deciding to approve a variation of the final operational separation plan.
56(3) Variation of final operational separation plan
56A Minister may direct Telstra to vary final operational separation
Minister may direct Telstra to vary final operational separation plan if in force.
56A(1) Minister may direct Telstra to vary final operational separation
Minister may direct Telstra to prepare a draft variation of the plan.
56A(2) Minister may direct Telstra to vary final operational separation
Minister may direct Telstra to vary final operational separation.
56A(3) Minister may direct Telstra to vary final operational separation
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.45
57 Public comment—variation of final operational separation plan
Draft variation of final operational separation plan must be given to the Minister under certain conditions.
57(1) Public comment—variation of final operational separation plan
(1) This clause applies to a draft variation of a final operational separation plan unless: (a) the draft variation was given to the Minister as a result of a direction under subclause 56A(2); or (b) both: (i) Telstra had previously given the Minister a written outline of the draft variation; and (ii) the Minister, by written notice given to Telstra, had informed Telstra that the Minister was satisfied that the draft variation was of a minor nature.
Draft variation of final operational separation plan must be given to the Minister after certain conditions are met
Draft variation of final operational separation plan is a type of draft variation
Must provide draft variation of final operational separation plan
Draft variation of final operational separation plan must be given to the Minister and previously communicated to Telstra under certain conditions
Draft variation of final operational separation plan must be given to the Minister before certain conditions are met
Publish notice and make preliminary version available online
57(2) Public comment—variation of final operational separation plan
Obligation to publish notice and make preliminary version available online
Must provide written comments with draft variation
57(3) Public comment—variation of final operational separation plan
Notice under subparagraph (1)(b)(ii) is not a legislative instrument.
57(4) Public comment—variation of final operational separation plan
58 Publication of final operational separation plan
Make a copy of the final operational separation plan available on Telstra's Internet site.
58(1) Publication of final operational separation plan
Obligation to make a copy of the plan available
Copy of varied final operational separation plan
Publish varied final operational separation plan on Internet site
58(2) Publication of final operational separation plan
59 Contents of draft or final rectification plan
(a) the action to be taken by Telstra to ensure that the contravention ceases; (b) the action to be taken by Telstra directed towards ensuring that there is no repetition of the contravention in the future; (c) the action to be taken by Telstra by way of reporting to the Minister on any action taken by it as mentioned in paragraph (a) or (b).
Matters to be set out in a draft or final rectification plan
59(1) Contents of draft or final rectification plan
This action is BETWEEN taking action to cease contravention and ensuring no repetition.
Temporal interval for reporting action taken by Telstra
(c) the action to be taken by Telstra by way of reporting to the Minister on any action taken by it as mentioned in paragraph (a) or (b).
Telstra MUST set out this matter in each draft or final rectification plan.
(a) the action to be taken by Telstra to ensure that the contravention ceases;
Telstra MUST report this action to the Minister.
Obligation for Telstra to report action taken
Telstra MUST take this action to cease contravention.
Obligation for Telstra to take action to cease contravention
59(2) Contents of draft or final rectification plan
6 At the end of section 70
60 Draft rectification plan to be given to Minister
Draft rectification plan to be given to Minister
60(1) Draft rectification plan to be given to Minister
Draft rectification plan timing not specified
(1) This clause applies if Telstra has contravened, or is contravening, a final operational separation plan.
Draft rectification plan implies Minister involvement
Draft rectification plan is related to Minister
Minister may give Telstra a written direction requiring a draft rectification plan.
60(2) Draft rectification plan to be given to Minister
60(3) Draft rectification plan to be given to Minister
The period of 90 days is a temporal interval during which Telstra must comply with the direction
(3) Telstra must comply with the direction within 90 days after the day on which the direction was given.
Telstra must comply with the direction within 90 days
If the Minister gives a direction, then Telstra must comply with the direction within 90 days
If the direction is given, then Telstra must comply with the direction within 90 days
A direction under this clause is a legislative instrument.
60(4) Draft rectification plan to be given to Minister
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.47
61 Approval of draft by Minister
Telstra must provide a draft rectification plan to the Minister.
61(1) Approval of draft by Minister
61(2) Approval of draft by Minister
61(3) Approval of draft by Minister
The plan approval involves considering future actions.
Plan approval involves temporal consideration.
the Minister must have regard to the following matters:
The Minister must consider certain matters when deciding to approve a plan.
The Minister must have regard to the following matters.
61(4) Approval of draft by Minister
61(5) Approval of draft by Minister
Minister must notify Telstra in writing of decision.
61(6) Approval of draft by Minister
Temporal relation between notification and decision
(6) As soon as practicable after deciding whether to approve the plan,
61(7) Approval of draft by Minister
61(8) Approval of draft by Minister
61A Review before 1 July 2009 of conditions relating to operational
Minister must conduct review of Part 8 operation before July 2009.
61A(1) Review before 1 July 2009 of conditions relating to operational
Must consider specific matters when reviewing conditions relating to operational separation of Telstra.
61A(2) Review before 1 July 2009 of conditions relating to operational
(2) A review under subsection (1) must have regard to the following matters:
Minister must prepare report after review under subsection (1)
61A(3) Review before 1 July 2009 of conditions relating to operational
The Minister MUST cause to be prepared a report...
Table report in Parliament within 15 sitting days
61A(4) Review before 1 July 2009 of conditions relating to operational
Defines terms for review of conditions relating to operational activities.
61A(5) Review before 1 July 2009 of conditions relating to operational
62 Effect of approval
Plan becomes final upon approval and takes effect upon notification.
62(1) Effect of approval
62(2) Effect of approval
The plan must be made during the period in which the Act applies.
(2) A final rectification plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
A final rectification plan is an instrument that must be made in accordance with the Act if and only if it meets certain criteria.
A final rectification plan is an instrument that must be made in accordance with the Act.
63 Variation of final rectification plan
Variation of final rectification plan obligation
63(1) Variation of final rectification plan
The variation of the final rectification plan is given during this period
Variation of final rectification plan during specific period
(c) Telstra gives the Minister a draft variation of the plan.
The Minister must take action based on this draft variation of the plan
Variation of final rectification plan implies specific action by Minister
The AI system recognizes this draft variation of the plan
Variation of final rectification plan recognized by AI system
Telstra must provide a draft variation of the plan
Obligation to provide variation of final rectification plan
(1) This clause applies if: (a) a final rectification plan is in force; and (b) the plan relates to a particular contravention; and (c) Telstra gives the Minister a draft variation of the plan.
The information about the draft variation of the plan is diffused to the Minister
Variation of final rectification plan diffuses to Minister
A variation of a final rectification plan is not a legislative instrument.
63(10) Variation of final rectification plan
A variation of a final rectification plan is an obligation to comply with the Act.
(10) A variation of a final rectification plan is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
It is forbidden to classify a variation of a final rectification plan as a legislative instrument.
If a variation of a final rectification plan is not classified as a legislative instrument, then it implies an obligation to comply with the Act.
Must approve or refuse variation of final rectification plan
63(2) Variation of final rectification plan
Minister must consider certain matters when deciding to approve a variation of the final rectification plan.
63(3) Variation of final rectification plan
Minister must consider matters during the decision-making process.
(3) In deciding whether to approve the variation, the Minister must have regard to the following matters:
Minister must consider the specified matters in making a decision.
(a) the extent to which the action proposed to be taken by Telstra under the plan as proposed to be varied will be likely to ensure that...
Minister must take into account the specified matters.
The Minister may have regard to matters beyond the scope of subclause (3).
63(4) Variation of final rectification plan
Minister must approve variation within 90 days or take action at end of period
63(5) Variation of final rectification plan
The variation must be approved within 90 days after receipt of draft variation
Variation must be approved within 90 days after receipt of draft variation
The Minister received the draft variation
Minister's inaction implies failure to approve variation
Minister neither approves nor refuses to approve variation
The variation is a plan for operational separation of Telstra
Variation is a plan for operational separation of Telstra
63(6) Variation of final rectification plan
(6) As soon as practicable after deciding whether to approve the variation, the Minister must notify Telstra in writing of the decision.
63(7) Variation of final rectification plan
Minister must approve variation to the final rectification plan.
63(8) Variation of final rectification plan
A determination under paragraph (3)(b) is a legislative instrument
63(9) Variation of final rectification plan
A determination under paragraph (3)(b) is a legislative instrument during the period of the Legislative Instruments Act 2003
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.49
64 Minister may direct Telstra to vary final rectification plan
Minister may direct Telstra to vary final rectification plan
64(1) Minister may direct Telstra to vary final rectification plan
Minister directs Telstra to prepare a draft variation of the plan within 60 days.
64(2) Minister may direct Telstra to vary final rectification plan
Minister has an obligation to direct Telstra.
64(3) Minister may direct Telstra to vary final rectification plan
Compliance with final rectification plan
65 Compliance with final rectification plan
66 Publication of final rectification plan
Publish final rectification plan on Internet site
66(1) Publication of final rectification plan
Temporal relationship between plan publication and Internet site availability
Publish final rectification plan on Internet site after variation comes into force
66(2) Publication of final rectification plan
69A Remedial directions—breach by Telstra of conditions relating
Remedial directions for breach of conditions relating to Telstra's actions.
69A(1) Remedial directions—breach by Telstra of conditions relating
Telstra must comply with the conditions.
Telstra must take specified action to prevent future breach of conditions.
69A(2) Remedial directions—breach by Telstra of conditions relating
Examples of direction that may be given to Telstra under subsection (2)
69A(3) Remedial directions—breach by Telstra of conditions relating
69B Review by the Australian Competition Tribunal of remedial
69B(1) Review by the Australian Competition Tribunal of remedial
Application for review of a section 69A direction must be made in writing within 7 days.
69B(2) Review by the Australian Competition Tribunal of remedial
Application for review must be made in writing within 7 days.
Review application must be made within 7 days after the ACCC gave the direction.
Application for review must be made within a temporal interval of 7 days.
Must review direction on application for review
69B(3) Review by the Australian Competition Tribunal of remedial
The Australian Competition Tribunal may make a decision affirming, setting aside, or varying a section 69A direction.
69B(4) Review by the Australian Competition Tribunal of remedial
A decision by the Australian Competition Tribunal is taken to be a decision of the ACCC for certain purposes.
69B(5) Review by the Australian Competition Tribunal of remedial
Decision is taken to be a decision of the ACCC
(5) A decision by the Australian Competition Tribunal...
ACCC must provide information, reports, and assistance to the Tribunal as specified.
69B(6) Review by the Australian Competition Tribunal of remedial
Obligation to provide information, reports, and assistance.
May consider information given to the ACCC in connection with a section 69A direction
69B(7) Review by the Australian Competition Tribunal of remedial
Division 2 of Part IX applies to proceedings before the Australian Competition Tribunal under this section.
69B(8) Review by the Australian Competition Tribunal of remedial
Operational separation of Telstra at the end of Schedule 1
7 At the end of Schedule 1
8 At the end of Part XIB
9 After section 152EP
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.51
Commission is not required to observe procedural fairness in making interim determination under certain conditions.
1 After subsection 152CPA(2)
Procedural fairness is not required during this temporal interval.
Temporal interval during which procedural fairness is not required
Declared service is covered by a determination in force under section 152AQA or 152AQB.
Exemption from procedural fairness applies if both conditions are met.
Combination of conditions for exemption from procedural fairness
Commission is not required to observe procedural fairness.
Interim determination is a subclass of determinations with consistent price-related terms and conditions.
Subclass of determinations with consistent price-related terms and conditions
Price-related terms and conditions in interim determination are consistent with those in section 152AQA or 152AQB determination.
Exemption from procedural fairness applies if this condition is met.
Condition for exemption from procedural fairness
Procedural fairness is not required until this temporal interval ends.
Temporal interval until which procedural fairness is not required
Commission may extend interim determination period under certain conditions.
2 After subsection 152CPA(5)
Commission has the power to extend interim determination period.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.52
No procedural fairness requirement for granting extensions.
State obligation to grant extensions without procedural fairness
(5B) The Commission is not required to observe any requirements of procedural fairness...
The Commission is not required to observe procedural fairness in relation to the variation under subsection (10) of an interim determination.
3 At the end of section 152CPA
The Commission is not required to observe procedural fairness...
the declared service is covered by a determination in force under section 152AQA;
48 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.53
A direction under subsection (2) is not a legislative instrument.
1 At the end of section 69
A direction under subsection (2) is a legislative instrument.
It is prohibited that a direction under subsection (2) is a legislative instrument.
It is not the case that a direction under subsection (2) is a right.
2 At the end of section 102
The direction is not a legislative instrument
3 At the end of section 121
Exempts legislative instruments from the Legislative Instruments Act 2003
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.9
Person may be given direction under subsection (1) in respect of replacement code during period when replacement code is registered.
1 After subsection 121(1A)
May be given a formal warning under subsection (2) in respect of the replacement code during the period when the replacement code is registered under this Part.
2 At the end of section 122
Temporal interval during which the person may be given a formal warning
The period when the replacement code is registered under this Part.
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.10
Prevents conduct from occurring before commencement.
3 Application of amendments
6 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.11
Repeal paragraph and substitute with a new provision
1 Paragraph 460(3)(a)
2 Subparagraphs 460(3)(c)(ii) and (iv)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.12
Declaration under subparagraph (3)(a)(ii) is a legislative instrument.
3 After subsection 460(4)
Exemptions from amendments for certain variations of numbering plans
4 Application of amendments
8 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
Prohibit contraventions of the competition rule exceeding 21 days.
1 Paragraph 151BX(3)(a)
Prohibits contraventions of the competition rule exceeding 21 days.
Amendment applies to contraventions of competition rule after commencement.
2 Application of amendment
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.13
Conditional reference to section 152BBAA for judicial enforcement.
1 At the end of subsection 152AS(2)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.14
10 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
References section for judicial enforcement of conditions and limitations.
2 At the end of subsection 152ASA(2)
Court may make orders to comply with conditions or limitations.
Court has obligation to enforce conditions.
May discharge or vary an order granted under this section.
3 At the end of subsection 152AT(5)
4 At the end of subsection 152ATA(4)
Section 152BBAA is not limited by this section.
5 At the end of section 152BB
Insert Schedule 5 Enforcement of conditions and limitations of exemption determinations and orders
6 After section 152BB
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.15
Reference to Acts Interpretation Act 1901 for variation and revocation of instruments
1 At the end of section 152AS
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.16
12 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
2 At the end of section 152ASA
1 Subsection 25(1)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.17
10 Subsection 152BT(3)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.18
Carrier or provider may modify undertaking under certain conditions.
11 After subsection 152BU(1)
Carrier or provider may modify variation under certain conditions.
12 After subsection 152BY(2)
Omit 'of a minor nature' and substitute with a variation of a minor nature under the Procedural Rules.
13 Subsection 152BY(4)
14 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
14 After subsection 152BZ(2)
Information within time limit allowed by Procedural Rules
Commission may reject variation if carrier/provider fails to provide information within time limit.
14(2A) After subsection 152BZ(2)
Prohibition of failing to provide information within time limit
Prohibits effect of subsection (2A) despite anything in the Division.
14(2B) After subsection 152BZ(2)
(2B) Subsection (2A) has effect despite anything in this Division.
Effect of rejecting variation on subsection 152BY(7)
14(2C) After subsection 152BZ(2)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.19
Omit 'The Commission' and substitute with a conditional phrase.
15 Subsection 152BZ(3)
If the Procedural Rules do not make provision for or in relation to a time limit...
16 After subsection 152CBB(2)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.20
16 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
Commission may reject undertaking if information not given within time limit.
16(2A) After subsection 152CBB(2)
...the Commission may, by written notice given to the person, reject the undertaking.
Excerpt specifies time limit within which information must be provided.
(2A) If: (a) the Procedural Rules make provision for or in relation to a time limit...
Commission prohibits giving undertaking if information not provided on time.
(2A) If the Procedural Rules make provision for or in relation to a time limit...
Subsection (2A) has effect despite anything in this Division.
16(2B) After subsection 152CBB(2)
Effect of decision to reject undertaking
16(2C) After subsection 152CBB(2)
has effect as if the decision had been made under subsection 152CBC(2)
(2C) If the Commission makes a decision under subsection (2A)
17 Subsection 152CBB(3)
Modify undertaking before Commission decision
18 After subsection 152CBC(1)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.22
18 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
Allow modification of variation under certain conditions.
19 After subsection 152CBG(2)
Defines modifications as additions, omissions, and substitutions.
2 Section 152AC
Substitute minor nature variation definition
20 Subsection 152CBG(4)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.24
20 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
Substitute provision for time limit in information giving
No failure to comply affects instrument validity
Plan compliance overlaps with instrument validity in some time intervals
Plan compliance timing overlap with instrument validity
Plan non-compliance does not affect instrument validity at all times
Instrument is inferred to be exempt from plan compliance under subsection 152ELA(1)
Instrument inference from plan compliance exemption
Instrument is exempt from plan compliance
Instrument exemption from plan compliance
Plan non-compliance does not affect instrument validity
Exemption diffuses to related instruments under subsection 152ELA(1)
Exemption diffusion to related instruments
Instrument validity is traced through the plan compliance time intervals
Instrument validity tracing through plan compliance
The plan is not a legislative instrument.
21 After subsection 152CBH(2)
Commission may reject variation if information not given within time limit.
21(2A) After subsection 152CBH(2)
The variation is rejected if the person does not provide information within the specified time interval.
Information must be provided within a specific time interval.
(2A) If: (a) the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the person does not give the Commission the information within the time limit allowed by the Procedural Rules;
Variation rejection classified based on AI analysis of information provided within time limit.
The Commission may, by written notice given to the person, reject the variation.
Commission prohibits rejection of variation if information not given within time limit.
(2A) If the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the person does not give the Commission the information within the time limit allowed by the Procedural Rules;
Variation rejection diffuses to all parties involved.
Variation rejection is a recurring process based on information provided within time limit.
21(2B) After subsection 152CBH(2)
21(2C) After subsection 152CBH(2)
22 Subsection 152CBH(3)
23 After section 152CD
Commission may defer consideration of access undertakings or variations thereof.
23(1) After section 152CD
Subsection (1) has effect despite anything in this Division.
23(2) After section 152CD
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.21
24 At the end of section 152CLA
Subsection (9) has effect despite anything in this Division.
24(10) At the end of section 152CLA
May be displaced or modified by Procedural Rules
24(8) At the end of section 152CLA
Commission may defer consideration of access dispute
24(9) At the end of section 152CLA
Displacement or modification of certain paragraphs by Procedural Rules.
25 At the end of section 152DB
26 At the end of section 152DK
Permits modification of subsections (1) to (7)
27 At the end of section 152DMA
28 After Division 10 of Part XIC
3 Section 152AC
4 Subsection 152AO(3)
Applicant may modify application before Commission decision.
5 After subsection 152AT(2)
Applicant may modify application within time allowed by Procedural Rules Schedule 7.
6 After subsection 152ATA(2)
7 After subsection 152AU(2)
Commission may refuse application if information not given within time limit.
7(2A) After subsection 152AU(2)
the Commission may, by written notice given to the applicant, refuse the application.
The excerpt specifies a temporal interval (time limit) within which the information must be given.
(a) the Procedural Rules make provision for or in relation to a time limit for giving the information;
Commission prohibits applicant from proceeding if information not given within time limit.
(a) the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the applicant does not give the Commission the information within the time limit allowed by the Procedural Rules;
The excerpt prohibits the applicant from proceeding if information not given within time limit.
(b) the applicant does not give the Commission the information within the time limit allowed by the Procedural Rules;
The excerpt specifies a recurring trace (time limit) within which the information must be given.
7(2B) After subsection 152AU(2)
8 Subsection 152AU(3)
9 After subsection 152BT(2)
9(2A) After subsection 152BT(2)
The Commission may, by written notice given to the carrier or provider, reject the undertaking.
Commission prohibits carrier/provider from failing to provide information within time limit.
(2A) If the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the carrier or provider does not give the Commission the information within that time limit;
Carrier/provider is obligated to provide information within time limit.
(2A) If: (a) the Procedural Rules make provision for or in relation to a time limit for giving the information; and (b) the carrier or provider does not give the Commission the information within that time limit;
Commission traces carrier/provider's failure to provide information within time limit.
9(2B) After subsection 152BT(2)
Effect of rejection decision on subsection 152BU(5)
9(2C) After subsection 152BT(2)
subsection 152BU(5) has effect as if decision had been made under subsection 152BU(2)
Applies temporal overlap between decisions
Applies cognitive processing of decisions
Applies effect of decision on subsection 152BU(5)
Applies diffusion of effects between decisions
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.25
1 At the end of Schedule 1
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.26
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.28
Designated interconnection service terms and conditions must be agreed upon or determined by an arbitrator.
Mandatory obligation on the carrier and carriage service provider.
Regulations may make provision for arbitration conduct.
Nominations in writing by the Chairperson of the ACCC
ACCC may be constituted by a single member or specified number of members for a particular arbitration.
No implication that subclause (4) limits subclause (3).
(5) Subclause (4) does not, by implication, limit subclause (3).
22 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
24 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
Carrier must obtain designated interconnection service from carriage service provider.
44A Simplified outline
Carrier must obtain designated interconnection service.
Definitions for active declared service, designated interconnection service, and eligible service.
45 Definitions
Carriers must obtain designated interconnection services from carriage service providers.
46 Carriers must obtain designated interconnection services from
Obligation to obtain designated interconnection services
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.27
47 Designated interconnection services
The Minister may declare a specified service as a designated interconnection service.
47(1) Designated interconnection services
47(2) Designated interconnection services
Declaration affects the declaration itself.
Request for ACCC report on proposed declaration promoting objective of any-to-any connectivity
47(3) Designated interconnection services
Must provide report to Minister within 30 days
47(4) Designated interconnection services
Minister must consider ACCC's report and other relevant matters when deciding to make a declaration.
47(5) Designated interconnection services
The Minister must have regard to the ACCC’s report and such other matters as the Minister considers relevant within a certain time frame.
Temporal interval for consideration of ACC report and other matters.
The Minister must decide whether to make the declaration.
The Minister must have regard to the ACCC’s report and such other matters as the Minister considers relevant.
Minister has an obligation to consider ACCC's report and other relevant matters.
The Minister must have regard to such other matters as the Minister considers relevant.
Minister has an obligation to consider other relevant matters.
The Minister may have regard to such other matters as the Minister considers relevant.
Minister has permission to consider other relevant matters.
Declaration under subclause (1) is a legislative instrument.
47(6) Designated interconnection services
Encourage economically efficient use of infrastructure for listed services.
1 Paragraph 152AB(2)(e)
2 Paragraph 152AB(6)(a)
26 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
Omit 'or available', substitute 'available or likely to become available'
3 Subparagraph 152AB(6)(a)(i)
Substitute ‘available or likely to become available’
Insert 'or likely to become reasonable' after 'reasonable'
4 Subparagraph 152AB(6)(a)(ii)
Repeal paragraph, substitute incentives for investment in infrastructure
5 Paragraph 152AB(6)(c)
Replace existing incentives with new ones
6 After subsection 152AB(7)
Must regard risks in investment incentives
6(7A) After subsection 152AB(7)
in determining incentives for investment, regard must be had to the risks involved in making the investment
Temporal relation between risk consideration and investment
(7A) For the purposes of paragraph (6)(c)
Risk consideration as a condition for investment incentives
regard must be had to the risks involved in making the investment
Does not limit matters to which regard may be had
6(7B) After subsection 152AB(7)
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.5
1 Short title
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.6
Table of sections and commencement provision
1 Section 1
telecommunications-legislation-amendment-competition-and-consumer-issues-act-2005.pdf, p.7
1 January 2006
10 Section 10
11 Section 11
The day after this Act receives the Royal Assent.
12 Section 12
13 Section 13
14 Section 14
2 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
Commencement rules for provisions in the Act.
2 Commencement
Schedule 1, effective one day after Royal Assent.
2 Section 2
21 October 2005
23 September
23 March 2006
24 September
Commencement information for the Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005
3 Section 3
Amends or repeals Acts specified in a Schedule according to its terms.
3 Schedule(s)
4 Section 4
4 Telecommunications Legislation Amendment (Competition and Consumer Issues) Act
5 Section 5
6 Section 6
7 Section 7
8 Section 8
Defines temporal interval for commencement
9 Section 9
An Act to amend the law relating to telecommunications, and for other purposes
Telecommunications Legislation Amendment (Competition and Consumer Issues) Act 2005