Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011
An Act to amend legislation relating to telecommunications, and for other purposes
1 Short title [see Note 1]
May be cited as the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011.
2 Commencement
1 Section 1
Starts on the day the Act receives Royal Assent
12 April 2011
2 Section 2
13 April 2011
Compliance with paragraph (b) is required.
2 Telecommunications Legislation Amendment (National Broadband
3 Section 3
4 Section 4
12 April 2012
5 Section 5
11 June 2011
3 Schedule(s)
Amendments to Acts specified in a Schedule
4 Telecommunications Legislation Amendment (National Broadband
Telecommunications Legislation Amendment (National Broadband, Network Measures—Access Arrangements) Act 2011
1 Section 7 (after paragraph (b) of the definition of ACCC’s
2 Section 7
3 Section 7
optical fibre line means a line that consists of, or encloses, optical fibre.
4 After section 62C
62D Condition of carrier licence set out in section 152CJC of the
Carrier licence held by NBN corporation is subject to the condition set out in section 152CJC of the Competition and Consumer Act 2010.
The carrier licence is subject to the condition.
Section 152CJC of the Competition and Consumer Act 2010 deals with rules about the supply of services by NBN corporations.
The condition applies to carrier licences held by NBN corporations.
A carrier licence held by an NBN corporation is subject to the condition set out in section 152CJC of the Competition and Consumer Act 2010.
The carrier licence being held by an NBN corporation implies that it is subject to the condition.
The carrier licence being held by an NBN corporation entails that it is subject to the condition.
The carrier licence being held by an NBN corporation is subject to the condition set out in section 152CJC of the Competition and Consumer Act 2010.
62E Condition of carrier licence set out in section 37 of the National
Carrier licence is subject to the condition set out in section 37 of the National Broadband Network Companies Act 2011.
The carrier licence is subject to a condition.
5 After subsection 69(7C)
5(7D) After subsection 69(7C)
Exempts subsection (1) from section 152CJC of the Competition and Consumer Act 2010.
(7D) Subsection (1) does not apply to section 152CJC
5(7E) After subsection 69(7C)
Exempts subsection (1) from section 37 of the National Broadband Network Companies Act 2011.
Defines the temporal relationship between subsection (1) and section 37.
Subsection (1) does not apply to section 37.
Prohibits the application of subsection (1) to section 37.
Section 37 is exempt from subsection (1).
Permits the exemption of subsection (1) from section 37.
Imposes an obligation on the legislative body to exempt subsection (1) from section 37.
The legislative body must exempt subsection (1) from section 37.
5(7F) After subsection 69(7C)
Exemption from subsection 69(7C) for certain conditions under section 41 of the National Broadband Network Companies Act 2011.
Exempts certain conditions from subsection 69(7C)
Section 41 of the National Broadband Network Companies Act 2011
Subsection (1) does not apply to these conditions
6 After subsection 70(4C)
Subsection (1) does not apply to the condition set out in section 152CJC of the Competition and Consumer Act 2010.
Exclude subsection (1) from applying to the specified condition.
Subsection (1) does not apply to this condition.
The specified section overlaps in time with subsection (1).
There is an overlap between subsection (1) and this condition.
The specified section repeats in time with subsection (1).
This condition is repeated in time with subsection (1).
The specified section diffuses into subsection (1).
This condition is diffused from subsection (1).
The specified section recognizes the rules about the supply of services by NBN corporations.
6 Telecommunications Legislation Amendment (National Broadband
6(4E) Telecommunications Legislation Amendment (National Broadband
Exemption from subsection (1) for section 37 of the National Broadband Network Companies Act 2011.
6(4F) Telecommunications Legislation Amendment (National Broadband
Exemption from subsection (1) for certain conditions under section 41 of the National Broadband Network Companies Act 2011.
Exempts subsection (1) for certain conditions under section 41.
Subsection (1) does not apply to a condition covered by section 41.
Prohibits subsection (1) from applying to certain conditions under section 41.
Permits subsection (1) to be exempt for certain conditions under section 41.
7 At the end of subsection 70(5)
8 At the end of section 98
8(6) At the end of section 98
Service provider rule for the purposes of this Act.
8(7) At the end of section 98
9 After subsection 102(6C)
9(6D) After subsection 102(6C)
Exempts subsection (1) from applying to the rule set out in subsection 152CJD(2) of the Competition and Consumer Act 2010.
9(6E) After subsection 102(6C)
Exempts subsection 38(2) of the National Broadband Network Companies Act 2011 from the rule set out in subsection 102(6C)
10 After subsection 103(3C)
10(3D) After subsection 103(3C)
10(3E) After subsection 103(3C)
Exemption from subsection 103(3C) for National Broadband Network Companies Act 2011 rules
11 After subsection 103(4C)
Issuing a formal warning for contravening the service provider rule set.
8 Telecommunications Legislation Amendment (National Broadband
Issuing formal warnings for contravention of service provider rule set.
Prohibits contravention of service provider rule set.
12 At the end of subsection 110(2)
Install optical fibre lines or facilities used in connection with them.
13 After paragraph 113(3)(p)
Inserts design features, performance requirements, characteristics of carriage services, and performance requirements for optical fibre lines and facilities.
14 At the end of section 115
Exemptions for industry codes and standards
15 After subsection 118(4)
Exemptions for optical fibre lines and facilities
16 Subsection 125AA(4)
Directs ACMA to determine a standard within a specified period.
17 Subsection 384(1) (note)
Substitute sections 152AR and 152AXB for section 152AR.
18 At the end of subsection 564(3) (before the notes)
List of carrier licence conditions and service provider rules
10 Telecommunications Legislation Amendment (National Broadband
A carrier licence condition covered by section 41 of the National Broadband Network Companies Act 2011.
19 At the end of subsection 564(3) (after the notes)
References relevant sections of other acts dealing with NBN corporations
20 At the end of subsection 571(3) (before the notes)
21 At the end of subsection 571(3) (after the notes)
22 Subsection 577BA(12) (at the end of the definition of
Avoids doubt on network creation or development attribution
23 Subsection 577BC(8) (at the end of the definition of
Immateriality of network creation or development attribution
12 Telecommunications Legislation Amendment (National Broadband
24 Clause 45 of Schedule 1 (definition of active declared
25 Subsection 25(1)
Insertion of regulations under National Broadband Network Companies Act 2011
25A Section 151AB
NBN corporation has the same meaning as in the National Broadband Network Companies Act 2011.
25B Subsection 151AJ(7)
Substitute 'this section' for omitted subsections.
25C Subsection 151AJ(9)
25D At the end of section 151AJ
No anti-competitive conduct if authorized under section 151DA
26 After paragraph 151BU(4)(d)
Inserts operation of National Broadband Network Companies Act 2011 or regulations under that Act
27 After subparagraph 151BUA(2)(b)(ii)
Insert regulations under the National Broadband Network Companies Act 2011
28 After subparagraph 151BUB(2)(b)(ii)
29 After subparagraph 151BUC(2)(b)(ii)
29A At the end of Part XIB
151DA Authorised conduct—subsection 51(1)
Promote national interest in structural reform of the telecommunications industry and uniform national pricing of eligible services supplied by NBN corporations.
14 Telecommunications Legislation Amendment (National Broadband
Conduct authorized under subsection 51(1) is disregarded in deciding contravention
16 Telecommunications Legislation Amendment (National Broadband
16(7) Telecommunications Legislation Amendment (National Broadband
Determining whether eligible services are the same or different is not affected by the facilities used.
16(8) Telecommunications Legislation Amendment (National Broadband
Eligible service can be supplied using different technologies
16(9) Telecommunications Legislation Amendment (National Broadband
Defines access virtual circuit service and connectivity virtual circuit service.
18 Telecommunications Legislation Amendment (National Broadband
List of entities that must be included in the definition of a voice telephony facilitation service.
151DB Listed points of interconnection
151DB(1) Listed points of interconnection
Commission may vary written list of points of interconnection by writing.
151DB(2) Listed points of interconnection
A listed point of interconnection is defined for the purposes of this Division.
A point of interconnection is specified in a list.
151DB(2A) Listed points of interconnection
Commission must not vary a list under subsection (1) except with the agreement of an NBN corporation.
Cannot vary a list without the agreement of an NBN corporation.
(2A) The Commission must not vary a list under subsection (1)
except with the agreement of an NBN corporation.
Commission must obtain agreement from NBN corporation before varying a list.
Varying a list without NBN corporation agreement is false.
Varying a list without NBN corporation agreement is within a specific temporal interval.
Commission has an obligation to obtain agreement from NBN corporation before varying a list.
151DB(2B) Listed points of interconnection
Ceases effect when Communications Minister declares national broadband network built and fully operational.
151DB(2C) Listed points of interconnection
Defines Communications Minister's meaning for National Broadband Network Companies Act 2011
151DB(3) Listed points of interconnection
Publish a copy of the list on its website.
151DB(4) Listed points of interconnection
A list under subsection (1) is not a legislative instrument.
151DB(5) Listed points of interconnection
Variation of a list under subsection (1) is not a legislative instrument.
151DC Review of policies and procedures relating to the
151DC(1) Review of policies and procedures relating to the
Commission must conduct review of policies and procedures before June 30, 2013.
151DC(2) Review of policies and procedures relating to the
Review must consider Commission's requests and responses from NBN corporations.
151DC(3) Review of policies and procedures relating to the
Public consultation must be provided during review of policies and procedures.
Obligation to provide public consultation
151DC(4) Review of policies and procedures relating to the
Commission must prepare a report of review under subsection (1).
151DC(5) Review of policies and procedures relating to the
The Commission must give the report to the Minister.
151DC(6) Review of policies and procedures relating to the
Report must be tabled in each House of Parliament within 15 sitting days.
151DD Review of operation of this Division
151DD(1) Review of operation of this Division
Independent review of operation after 2-year period
151DD(2) Review of operation of this Division
Must consider specific conduct for purposes of subsection 51(1)
a review under that subsection must consider...
Consider conduct within specific temporal intervals
(b) the conduct that was authorised under subsection 151DA(3)
...for the purposes of subsection 51(1);
(c) the conduct that was authorised under subsection 151DA(4)
20 Telecommunications Legislation Amendment (National Broadband
20(3) Telecommunications Legislation Amendment (National Broadband
Expertise required for review under subsection (1)
20(4) Telecommunications Legislation Amendment (National Broadband
Public consultation must be provided during a review under subsection (1).
20(5) Telecommunications Legislation Amendment (National Broadband
The Minister must prepare a report of a review under subsection (1).
20(6) Telecommunications Legislation Amendment (National Broadband
Minister must complete report within 6 months after end of 2-year period.
20(7) Telecommunications Legislation Amendment (National Broadband
Minister must table report in each House of Parliament within 15 sitting days.
30 Section 152AA
A carriage service or related service is a declared service if the Commission has declared it so.
Declaration by the Commission is a necessary condition for a service to be declared
31 Section 152AC
Definition of category A standard access obligation
category A standard access obligation has the meaning given by section 152AR.
32 Section 152AC
Definition of category B standard access obligation
33 Section 152AC
Inserts meaning of NBN Co from National Broadband Network Companies Act 2011.
34 Section 152AC
22 Telecommunications Legislation Amendment (National Broadband
Access Arrangements for Telecommunications Networks
Imposes a duty on the provider to meet access arrangements
35 Section 152AC (definition of standard access obligation)
Definition of standard access obligation
36 Subsection 152AG(2)
Insert 'category A' after a specific phrase.
37 Subsection 152AG(2)
Inserts section 152AXB after obligations
38 After subsection 152AL(3)
38(3A) After subsection 152AL(3)
Exempts eligible services from declaration requirements for NBN corporations.
38(3B) After subsection 152AL(3)
Commission must consider holding a public inquiry about another proposal before commencing to hold an inquiry about the first proposal.
Obligation to consider another proposal before commencing an inquiry.
Commission must hold a public inquiry about a proposal to make a declaration under subsection (3) in relation to an eligible service.
Commission MUST consider whether to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make a declaration under subsection (8A) in relation to the service.
Commission must consider another proposal before commencing an inquiry at the same time or later.
The Commission's consideration of another proposal is a prerequisite for holding a public inquiry.
The Commission MUST consider whether to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make a declaration under subsection (8A) in relation to the service AT OR BEFORE the commencement of the inquiry.
Commission's consideration of another proposal implies an obligation to hold a public inquiry.
The Commission considers another proposal before commencing an inquiry.
The Commission MUST consider whether to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make a declaration under subsection (8A) in relation to the service.
39 Subsections 152AL(4) and (5)
Substitute subsection (3) for 'this section'
40 Paragraph 152AL(7)(a)
Insertion of '(other than an NBN corporation)' after 'person'
41 After subsection 152AL(8)
41(8A) After subsection 152AL(8)
Commission may declare a service as declared if certain conditions are met.
41(8B) After subsection 152AL(8)
(8B) A declaration under subsection (8A)
41(8C) After subsection 152AL(8)
Publish a copy of a declaration in the Gazette.
41(8D) After subsection 152AL(8)
Conditional provision after subsection 152AL(8)
24 Telecommunications Legislation Amendment (National Broadband
24(8E) Telecommunications Legislation Amendment (National Broadband
NBN corporation's special access undertaking determines declared service
24(8F) Telecommunications Legislation Amendment (National Broadband
Commission may declare service under subsection (8A) even if partially covered by subsection (8E)
42 Subsections 152ALA(8) and (9)
Insert specific paragraphs into subsections
43 Subsections 152AM(1) and (3)
44 Subsection 152AN(1)
Insertion of clause (8A)(a) after 152AL(3)(a)
45 Subsection 152AO(3)
46 Paragraph 152AQ(2)(c)
47 Before section 152AR
48 Subsection 152AR(1)
Substitute category A standard access obligations for standard access obligations.
49 Subsection 152AR(2)
50 Before section 152AY
26 Telecommunications Legislation Amendment (National Broadband
26(1) Telecommunications Legislation Amendment (National Broadband
Service provider must supply declared service
26(2) Telecommunications Legislation Amendment (National Broadband
Must provide declared service to service provider upon request.
26(3) Telecommunications Legislation Amendment (National Broadband
Exemption from obligation to prevent access to declared service
26(3A) Telecommunications Legislation Amendment (National Broadband
NBN corporation is not obligated to supply a service under certain circumstances.
Section 151DA authorizes refusal to supply the service
26(4) Telecommunications Legislation Amendment (National Broadband
Interconnection requirement for NBN corporations
Permit interconnection of facilities with service provider facilities
26(4A) Telecommunications Legislation Amendment (National Broadband
Exempts interconnection at non-listed point of interconnection from subsection (4) application.
26(5) Telecommunications Legislation Amendment (National Broadband
Must provide necessary service to enable carriage services and/or content services.
Service provider is a type of entity that requires provision
28 Telecommunications Legislation Amendment (National Broadband
28(6) Telecommunications Legislation Amendment (National Broadband
No obligation imposed if reasonable grounds exist to believe access seeker will fail to comply with terms and conditions.
No obligation imposed if reasonable grounds exist.
This section does not impose an obligation on an NBN corporation.
28(7) Telecommunications Legislation Amendment (National Broadband
NBN corporation must not discriminate in favour of itself Grounds for believing access seeker is not creditworthy or has failed to comply with terms and conditions.
must not discriminate in favour of itself
Temporal relation between the NBN corporation and its category B standard access obligation
(c) the NBN corporation is subject to a category B standard access obligation in relation to the service;
Implication from the NBN corporation's obligations and its discrimination
(a) an NBN corporation is a carrier or carriage service provider;
Diffusion of the prohibition to all related services
(b) under subsection 152AL(8A), (8D) or (8E), a declared service relates to the NBN corporation;
Inference from the NBN corporation's declaration and its obligations
Has grounds for belief as mentioned in paragraph (6)(a)
(6)(a) evidence that the access seeker is not creditworthy; and (6)(b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided
The access seeker does not have grounds for belief as mentioned in paragraph (6)(a)
Has temporal relation to repeated failures by the access seeker to comply with terms and conditions
(7) Examples of grounds for believing as mentioned in paragraph (6)(a) include: ... repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided
The repeated failures by the access seeker to comply with terms and conditions have a temporal relation to the grounds for belief as mentioned in paragraph (6)(a)
Has recurring trace of repeated failures by the access seeker to comply with terms and conditions
The repeated failures by the access seeker to comply with terms and conditions have a recurring trace
Diffuses to grounds for believing as mentioned in paragraph (6)(a)
(7) Examples of grounds for believing as mentioned in paragraph (6)(a) include: ...
The access seeker's repeated failures by the access seeker to comply with terms and conditions diffuses to the grounds for belief as mentioned in paragraph (6)(a)
Has knowledge of grounds for believing as mentioned in paragraph (6)(a)
The access seeker has knowledge of the grounds for belief as mentioned in paragraph (6)(a)
28(8) Telecommunications Legislation Amendment (National Broadband
Non-discriminatory access to declared services
Request made for purposes of subsection (2)
28(1) Telecommunications Legislation Amendment (National Broadband
Discrimination between access seekers is prohibited Discrimination between access seekers is prohibited in complying with category B standard access obligations.
28(2) Telecommunications Legislation Amendment (National Broadband
Allowing discrimination against access seekers under certain circumstances
NBN corporation has reasonable grounds to believe access seeker would fail to comply with terms and conditions
Discrimination allowed if NBN corporation believes access seeker will comply
Obligation not violated under certain circumstances
Discrimination allowed if NBN corporation believes access seeker will comply with terms and conditions within a certain timeframe
Discrimination is recurrent if NBN corporation believes access seeker will comply with terms and conditions under certain circumstances
28(3) Telecommunications Legislation Amendment (National Broadband
No discrimination by NBN corporation in favour of itself
Prohibits discrimination by NBN corporation
28(12) Telecommunications Legislation Amendment (National Broadband
Exempts conduct from discrimination under certain conditions.
Conduct is authorised under section 151DA
The conduct is taken not to be discrimination
30 Telecommunications Legislation Amendment (National Broadband
30(5A) Telecommunications Legislation Amendment (National Broadband
Exempts conduct from discrimination if authorized under section 151DA.
30(6) Telecommunications Legislation Amendment (National Broadband
Compliance with standard access obligations
Must comply with standard access obligations
51 After paragraph 152AZ(a)
Inserts applicable rules from section 152AXC or 152AXD
52 After paragraph 152BA(2)(a)
53 After subsection 152BB(1)
Court may make orders to comply with rule or compensate affected persons
54 Section 152BBD
Insertion of '(1)' before 'The Commission'
55 Section 152BBD
Insertion of a phrase after section 152BBC
56 At the end of section 152BBD
Commission must have regard to desirability of NBN corporations and access seekers agreeing on terms and conditions in a timely manner.
57 After subsection 152BC(4)
57(4A) After subsection 152BC(4)
Defines access determination as NBN-specific.
57(4B) After subsection 152BC(4)
NBN corporation exemption from access determination
Prohibits NBN corporation from being subject to access determination
(4B) An access determination does not apply in relation to access to a declared service...
57(4C) After subsection 152BC(4)
Conditional commencement of access determination
32 Telecommunications Legislation Amendment (National Broadband
A person other than an NBN corporation must supply a telecommunications service.
Obligation to supply telecommunications service
58 At the end of paragraphs 152BCB(1)(a) and (b)
The combined interval is from time A to B
58A After subsection 152BCB(3A)
58A(3B) After subsection 152BCB(3A)
Commission must not make an access determination that would have the effect of requiring or preventing certain conduct.
(3B) The Commission must not make an access determination that...
...would have the effect of requiring or preventing certain conduct.
Temporal relationship between Commission's action and NBN corporation's conduct
Spread of information about NBN corporation's conduct
NBN corporation's ability to respond to Commission's action
58A(3C) After subsection 152BCB(3A)
Cannot prevent NBN corporation from engaging in conduct necessary for uniform national pricing.
(3C) The Commission must not make an access determination...
...would have the effect of preventing an NBN corporation from engaging in conduct that is reasonably necessary...
58A(3D) After subsection 152BCB(3A)
Defines eligible services, uniform national pricing and utilities.
59 After subsection 152BCB(4)
59(4A) After subsection 152BCB(4)
Commission cannot make an access determination that discriminates between access seekers.
Prohibition of discriminatory access determinations
(4A) The Commission must not make an access determination that: (a) relates to any or all of the category B standard access obligations applicable to an NBN corporation; and (b) has the effect (whether direct or indirect) of discriminating between access seekers.
59(4B) After subsection 152BCB(4)
Commission may consider access seeker's compliance likelihood when making decisions.
(4B) Subsection (4A) does not prevent discrimination...
59(4C) After subsection 152BCB(4)
Grounds for believing access seeker is not creditworthy or has failed to comply with terms and conditions.
(4C) Examples of grounds for believing as mentioned in subsection (4B)
Examples of grounds for believing access seeker is not creditworthy or has failed to comply with terms and conditions.
Examples of repeated failures by the access seeker to comply with terms and conditions.
(b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided
Examples of evidence that the access seeker is not creditworthy.
(a) evidence that the access seeker is not creditworthy; (b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided
60 Subsection 152BCB(5)
Substitute specific clauses in subsection 152BCB(5)
61 Before subsection 152BCF(4)
61(3B) Before subsection 152BCF(4)
Cannot declare service before it became declared
Prohibits declaring service before it became declared
(3B) If the declared service is covered by subsection 152AL(8D), the specified day must not be earlier than the day on which the service became a declared service under that subsection.
Specifies overlap of days with declared service
Specifies temporal relation of days with declared service
Diffuses information about declared service
Inferential application of declared service
61(3C) Before subsection 152BCF(4)
Cannot declare service before it became a declared service
Prohibits declaring service before it became a declared service
(3C) If the declared service is covered by subsection 152AL(8E), the specified day must not be earlier than the day on which the service became a declared service under that subsection.
62 At the end of subsection 152BCK(1)
Prohibits access determination from covering a declared service
63 After subsection 152BD(4)
63(4A) After subsection 152BD(4)
Expressing binding rules of conduct as NBN-specific
(4A) Binding rules of conduct may be expressed to be NBN-specific
63(4B) After subsection 152BD(4)
Binding rules of conduct do not apply to access to declared services supplied by NBN corporations.
Prohibits binding rules of conduct from applying to access to declared services supplied by NBN corporations.
(4B) Binding rules of conduct do not apply in relation to access to a declared service...
...unless the binding rules of conduct are expressed to be NBN-specific binding rules of conduct.
Indicates that the provision applies only when there is an overlap between the NBN corporation's supply and the declared service.
...the binding rules of conduct do 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...
Indicates that the provision applies repeatedly when there is a repeated supply of services by NBN corporations.
Indicates that the provision diffuses to other related provisions.
Indicates that the provision recognizes the existence of NBN corporations.
63(4C) After subsection 152BD(4)
Binding rules of conduct do not apply if NBN-specific
34 Telecommunications Legislation Amendment (National Broadband
Access arrangements for declared services
64 At the end of paragraphs 152BDA(1)(a) and (b)
64A After subsection 152BDA(3A)
64A(3B) After subsection 152BDA(3A)
Commission cannot make binding rules of conduct that would have the effect of requiring or preventing NBN corporations from engaging in certain conduct.
Prohibition of making binding rules of conduct.
(3B) The Commission must not make binding rules of conduct that...
...would have the effect of requiring an NBN corporation to engage in conduct that is inconsistent with conduct authorised under subsection 151DA(2) or (3)...
Temporal overlap between Commission's actions and NBN corporations' conduct.
Recurring trace between Commission's actions and NBN corporations' conduct.
Diffusion of Commission's actions to NBN corporations.
Classification of rules of conduct by Commission.
64A(3C) After subsection 152BDA(3A)
Prevents the Commission from making rules that would prevent NBN corporations from engaging in conduct necessary for uniform national pricing.
Prohibition of making rules that would prevent necessary conduct
(3C) The Commission must not make binding rules...
...would have the effect of preventing an NBN corporation from engaging in conduct...
Describes the implication of the prohibition on rule-making
...would prevent NBN corporations from engaging in conduct necessary for uniform national pricing.
Describes the effect of the prohibition on rule-making
Describes the recognition of the prohibition by AI systems
64A(3D) After subsection 152BDA(3A)
65 After subsection 152BDA(4)
65(4A) After subsection 152BDA(4)
Commission cannot make binding rules of conduct that discriminate between access seekers.
(4A) The Commission must not make binding rules of conduct that:
65(4B) After subsection 152BDA(4)
Commission may discriminate against access seeker if reasonable grounds exist.
Permission to discriminate under certain conditions.
Commission has reasonable grounds to believe access seeker would fail to comply.
Discrimination is permitted if reasonable grounds exist.
Overlapping temporal intervals of compliance and discrimination.
Temporal interval of discrimination overlaps with compliance.
Recurring trace of discrimination under certain conditions.
Discrimination is recurring if reasonable grounds exist.
Diffusion of discrimination under certain conditions.
Discrimination is diffused if reasonable grounds exist.
Classification of access seekers based on compliance with terms and conditions.
Access seeker would fail to comply with terms and conditions.
Access seeker is classified as non-compliant.
65(4C) After subsection 152BDA(4)
List of grounds for believing access seeker is not creditworthy or has failed to comply with terms and conditions.
List of repeated failures by the access seeker to comply with terms and conditions.
(a) evidence that the access seeker is not creditworthy; and (b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided (whether or not by the NBN corporation).
66 Subsection 152BDA(5)
67 After section 152BEB
NBN corporation must provide a statement to the Commission within 7 days of an access agreement being entered into.
Must provide a statement to the Commission.
36 Telecommunications Legislation Amendment (National Broadband
36(2) Telecommunications Legislation Amendment (National Broadband
Carrier or carriage service provider must provide special access undertaking if variation agreement is entered into after commencement of section. NBN corporation must provide a statement about differences between access agreement and special access undertaking within 7 days.
36(1) Telecommunications Legislation Amendment (National Broadband
NBN corporation must provide a statement.
38 Telecommunications Legislation Amendment (National Broadband
38(1) Telecommunications Legislation Amendment (National Broadband
Maintains a register of NBN access agreement statements. NBN corporation must provide a statement to the Commission within 7 days of an access agreement being entered into.
Must describe differences between terms and conditions.
38(2) Telecommunications Legislation Amendment (National Broadband
NBN corporation must provide a statement within 7 days after the variation agreement was entered into.
40 Telecommunications Legislation Amendment (National Broadband
40(2) Telecommunications Legislation Amendment (National Broadband
The Register must be maintained by electronic means.
40(3) Telecommunications Legislation Amendment (National Broadband
The Register must be made available for inspection on the Commission's website.
40(4) Telecommunications Legislation Amendment (National Broadband
The Register is not a legislative instrument.
40(5) Telecommunications Legislation Amendment (National Broadband
Commission may remove material from statement in Register if it prejudices substantially commercial interests and outweighs public interest.
Prohibits removal of material from statement in Register.
(a) publication of particular material contained in a statement could reasonably be expected to prejudice substantially the commercial interests of a person; and (b) the prejudice outweighs the public interest in the publication of the matter;
the Commission may remove the material from the version of the statement that is included in the Register.
Material removal overlaps with Commission's satisfaction conditions.
Material removal is a recurring action by Commission.
Material removal diffuses to all statements in Register.
Material removal recognized by Commission as prejudicial to commercial interests.
40(6) Telecommunications Legislation Amendment (National Broadband
Commission must include annotation in Register if required.
68 Section 152BEC
69 Subsection 152BED(2)
Substitute ‘, 152BEB, 152BEBA, 152BEBB and 152BEBC’
Establishes temporal relationship between clause to be omitted and substituted clause
Spreads information about clause to be omitted and substituted clause
Analyzes text to identify clause to be omitted and substituted clause
70 Subsection 152CBA(1)
This section applies to certain persons supplying listed carriage services.
71 Subsection 152CBA(3)
Substitute 'If paragraph (1)(a) applies, the undertaking' for 'The undertaking'
72 After subsection 152CBA(3)
Agreement to comply with obligations and terms and conditions
73 Before subsection 152CBA(4)
42 Telecommunications Legislation Amendment (National Broadband
42(3C) Telecommunications Legislation Amendment (National Broadband
NBN corporation's conduct in relation to declared services
Temporal relationship between NBN corporation's conduct and declared service supply
42(3D) Telecommunications Legislation Amendment (National Broadband
Disregard a statement in the undertaking when determining its relation to a service or proposed service.
Ignoring a statement in the undertaking.
74 Subsection 152CBA(11)
Modify paragraph (1)(b) to include paragraphs (1)(a)(ii) and (b)(ii)
75 Paragraphs 152CBD(2)(a) and (b)
Repeal and substitute paragraphs with new conditions
76 Before paragraph 152CBD(2)(d)
Commission must be satisfied that conduct promotes long-term interests of end-users.
Applicable to Commission's decision-making process
76A After subsection 152CBD(5)
76A(5A) After subsection 152CBD(5)
Commission must not reject undertaking for price-related terms and conditions.
76A(5B) After subsection 152CBD(5)
Defines meaning of terms in subsection (5A)
76A(5C) After subsection 152CBD(5)
Commission must not reject undertaking for reason of refusal authorization.
(5C) If a refusal is authorised under subsection 151DA(2) or (3)
(a) the Commission must not reject the undertaking for a reason that concerns that refusal;
(b) paragraph (2)(b) of this section does not apply to that refusal;
44 Telecommunications Legislation Amendment (National Broadband
77 Paragraph 152CBF(2)(b)
78 Subsection 152CBI(3)
Substitute subsections 152AL(7) and (8E)
79 After Division 6 of Part XIC
Insert clause after Division 6 of Part XIC
46 Telecommunications Legislation Amendment (National Broadband
46(3) Telecommunications Legislation Amendment (National Broadband
NBN corporation must formulate and make available a standard form of access agreement within 90 days after rejection of the undertaking.
NBN corporation has an obligation to formulate and make available a standard form of access agreement.
46(4) Telecommunications Legislation Amendment (National Broadband
NBN corporation must provide a standard form of access agreement on its website.
Must provide a standard form of access agreement.
46(5) Telecommunications Legislation Amendment (National Broadband
NBN corporation must provide a standard form of access agreement if an undertaking ceases to be in operation.
Obligation to provide a standard form of access agreement.
46(1) Telecommunications Legislation Amendment (National Broadband
Court may order NBN corporation to comply with obligation or compensate affected persons. Service provider rule for the purposes of the Telecommunications Act 1997.
46(2) Telecommunications Legislation Amendment (National Broadband
Power to discharge or vary orders granted under this section Must comply with applicable rules in section 152CJA
48 Telecommunications Legislation Amendment (National Broadband
48(1) Telecommunications Legislation Amendment (National Broadband
NBN corporation is not capable of supplying a specified carriage service.
Prohibits the NBN corporation from supplying a service.
48(2) Telecommunications Legislation Amendment (National Broadband
Clarifies the enactment of subsection (1) for avoidance of doubt.
80 Subsection 152CK(4)
Insertion of a phrase after 'special access undertaking'
81 At the end of section 152CK
Assumes effect of subsection 152AL(8E)(c) for special access undertakings
81A At the end of subsection 152EOA(1)
81A(1A) At the end of subsection 152EOA(1)
Must consider supply of eligible services by NBN corporations
81A(1B) At the end of subsection 152EOA(1)
Defines eligible service for subsection (1A)
82 After paragraph 155(9)(b)
50 Telecommunications Legislation Amendment (National Broadband
83 Transitional—continuity of special access undertakings
Continuity of special access undertakings
84 At the end of paragraph 572E(4)(b)
Add specific conditions to carrier licence
Adding conditions to a carrier licence is an obligation.
52 Telecommunications Legislation Amendment (National Broadband
85 Section 7
Layer 2 has the same meaning as in the Open System Interconnection (OSI) Reference Model for data exchange.
Layer 2 bitstream service means a carriage service that is...
86 After Part 6
140 Simplified outline
Local access line must not supply fixed-line carriage service under certain conditions.
141 Supply of Layer 2 bitstream services
1 January 2011 and, as a result of the alteration or
Network upgrade obligation for superfast carriage service supply
Obligation to supply superfast carriage service
January 2011 and, as a result of the alteration or upgrade...
54 Telecommunications Legislation Amendment (National Broadband
54(2) Telecommunications Legislation Amendment (National Broadband
Cannot use or allow use of local access line for fixed-line carriage service
54(3) Telecommunications Legislation Amendment (National Broadband
Prohibition on using local access line to supply fixed-line carriage service
(3) If there are 2 or more owners of the local access line, an owner of the local access line must not:
54(4) Telecommunications Legislation Amendment (National Broadband
Temporal interval for breach of requirement
54(10) Telecommunications Legislation Amendment (National Broadband
Defines fixed-line carriage service and its components.
Class hierarchy for telecommunications network terms
alters, fixed-line carriage service, and upgrade have specific meanings
Temporal intervals for upgrades and alterations
Upgrades and alterations occur at different times
141A Exemptions
141A(1) Exemptions
Exempts a specified network from section 141.
141A(2) Exemptions
Exempts a specified local access line from section 141.
(2) The Minister may, by written instrument...
141A(3) Exemptions
Exempts a specified owner from subsections 141(2) and (3)
141A(4) Exemptions
Instrument may be unconditional or subject to conditions.
An instrument under subsection (1), (2) or (3) may be:
141A(5) Exemptions
Consultation requirement before making an instrument under subsections (1), (2) or (3)
56 Telecommunications Legislation Amendment (National Broadband
56(6) Telecommunications Legislation Amendment (National Broadband
An instrument under subsection (1), (2) or (3) is not a legislative instrument.
56(7) Telecommunications Legislation Amendment (National Broadband
141B Deemed networks
141B(1) Deemed networks
Network deemed to have come into existence on or after 1 January 2011 if altered or upgraded and capable of supplying superfast carriage service.
(1) For the purposes of this Part, if...
(c) that part is taken to be a network in its own right
Describes the temporal interval for the network's existence
(d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011
Imposes a duty on the network's capability
(b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service
141B(2) Deemed networks
Telecommunications network extension obligation
1 January 2011; and
1(3) January 2011; and
Extension of telecommunications network to another area without applying subsection (2)
1(4) January 2011; and
Extension of telecommunications network without exceeding 1 km distance from existing infrastructure.
1(5) January 2011; and
Exempts subsection (2) from applying to a specified extension of a telecommunications network.
Temporal overlap with Acts Interpretation Act 1901
141C Certain installations and connections are not taken to be an
Installation of lines for superfast carriage services is not an extension, alteration or upgrade.
Installation enables occupier to become a customer
58 Telecommunications Legislation Amendment (National Broadband
Installation and connection not considered network extension, alteration or upgrade.
141D Local access line
141D(1) Local access line
Local access line is defined as a line part of the infrastructure of a local access network.
141D(2) Local access line
Line does not form part of a local access line to the extent that it is on the customer side of the boundary of a telecommunications network.
Defines the temporal relationship between a line and a telecommunications network
Line is on the customer side of the boundary of a telecommunications network
Line does not form part of a local access line at this point in time
Negates the obligation to consider a line as part of a local access line
Line does not form part of a local access line
Describes the propagation of information about a line being on the customer side of the boundary of a telecommunications network
Describes the cognitive process of determining whether a line forms part of a local access line
141D(3) Local access line
Determines boundary of a telecommunications network in the same manner as section 22.
(3) For the purposes of this section, the boundary of a telecommunications network is to be determined in the same manner in which it is determined under section 22 for the purposes of sections 20, 21 and 30.
The determination occurs during the time period specified by section 22.
Describes a temporal relationship with an ordered trace
The determination occurs during the time period specified by section 22 with an ordered trace.
The determination is a same-kind action as section 22.
The determination has the same epistemic status as section 22.
The determination is paraconsistent with section 22.
141D(4) Local access line
Defines local access network for purposes of section 141D(4)
141E Alteration
Defines alteration of a telecommunications network
141F Upgrade of telecommunications network
Upgrade of telecommunications network does not include an extension of the network.
141G Small business customer
Defines small business customer for the purposes of this Part.
small business employer (within the meaning of the Fair Work Act 2009)
carries on a business; and does not have any employees
142 Simplified outline
Controller must not use a local access line to supply an eligible service to a person other than a carrier or service provider.
142A Definitions
Definition of 'alter' in relation to a telecommunications network
60 Telecommunications Legislation Amendment (National Broadband
Defines terms used in telecommunications legislation
Classifies terms into defined categories
Defines equivalent terms across multiple acts
143 Supply of eligible services to be on wholesale basis
Prohibition of using the local access line
Person in position to exercise control of network
Network upgrade occurred on January 2011
62 Telecommunications Legislation Amendment (National Broadband
No person shall supply an eligible service unless the service is supplied to a carrier or a service provider.
Prohibition of supplying an eligible service unless to a carrier or service provider.
Temporal interval for supplying an eligible service.
the service is supplied to: (a) a carrier; or (b) a service provider.
Implication of supplying an eligible service unless to a carrier or service provider.
if the person engages in conduct; and the person’s conduct breaches the requirement.
Diffusion of prohibition to persons who can receive an eligible service.
persons, to supply an eligible service unless the service is supplied to: (a) a carrier; or (b) a service provider.
Classification of persons who can receive an eligible service using AI.
144 Exemptions—Ministerial instrument
144(1) Exemptions—Ministerial instrument
The Minister may exempt a specified network from section 143.
144(2) Exemptions—Ministerial instrument
Exempts a specified local access line from section 143.
144(3) Exemptions—Ministerial instrument
The Minister may exempt a specified person from subsection 143(2) by written instrument.
144(4) Exemptions—Ministerial instrument
144(5) Exemptions—Ministerial instrument
Consultation with ACCC and ACMA before making an instrument
Instrument cannot be made without consultation
Consultation period is between ACCC and ACMA
Minister must consult ACCC and ACMA before making an instrument
Instrument-making occurs within consultation period
Instrument-making follows from consultation
144(6) Exemptions—Ministerial instrument
145 Exemption—transport authorities
145(1) Exemption—transport authorities
Exemption for Airservices Australia's use of carriage services
Temporal interval for Airservices Australia's use of carriage services
(1) Subsection 143(2) does not apply if (i) the eligible service is a carriage service; and (ii) the sole use of the carriage service is use by Airservices Australia to carry communications necessary or desirable for the workings of aviation services;
(1) Subsection 143(2) does not apply if:
145(2) Exemption—transport authorities
Permits Airservices Australia to re-supply carriage service
145(3) Exemption—transport authorities
145(4) Exemption—transport authorities
Exemption for carriage services supplied to State or Territory transport authorities
145(5) Exemption—transport authorities
64 Telecommunications Legislation Amendment (National Broadband
Prohibition on re-supply of carriage service to rail corporation
146 Exemption—electricity supply bodies
146(1) Exemption—electricity supply bodies
146(2) Exemption—electricity supply bodies
147 Exemption—gas supply bodies
147(1) Exemption—gas supply bodies
Exemption for gas supply bodies from subsection 143(2)
147(2) Exemption—gas supply bodies
148 Exemption—water supply bodies
148(1) Exemption—water supply bodies
Exemption for water supply bodies from subsection 143(2)
148(2) Exemption—water supply bodies
149 Exemption—sewerage services bodies
149(1) Exemption—sewerage services bodies
149(2) Exemption—sewerage services bodies
150 Exemption—storm water drainage services bodies
Exemption from subsection 143(2) for storm water drainage services bodies
66 Telecommunications Legislation Amendment (National Broadband
Storm water drainage services bodies cannot use carriage services for managing supply or charging without permission.
Prohibition of using carriage services for managing supply or charging without permission.
The eligible service is a carriage service, and the sole use of the carriage service is use by a storm water drainage services body to carry communications necessary or desirable for managing the supply of storm water drainage services; or
Temporal interval for using carriage services.
(a) the eligible service is a carriage service, and the sole use of the carriage service is use by a storm water drainage services body to carry communications necessary or desirable for managing the supply of storm water drainage services; or
Recurring trace for using carriage services.
Permission to use carriage services for managing supply or charging.
(b) the eligible service is a service that facilitates the supply of a carriage service covered by paragraph (a) of this section.
151 Exemption—State or Territory road authorities
151(1) Exemption—State or Territory road authorities
Exemption for State or Territory road authorities
(1) Subsection 143(2) does not apply if...
...the sole use of the carriage service is use by a State or Territory road authority...
Permitted action for State or Territory road authorities
...the eligible service is a carriage service...
The eligible service is a carriage service...
...or a service that facilitates the supply of a carriage service...
151(2) Exemption—State or Territory road authorities
152 Associate
152(1) Associate
Associate definition for control of telecommunications network, company, partner, trust, or other entity.
Associate definition implies obligation.
Associate is under obligation to follow controller's directions.
152(2) Associate
Persons are not associates if they do not act together in relevant dealings.
(a) they do not act together in any relevant dealings relating to the network or company;
(a) they do not act together in any relevant dealings relating to the network or company; and (b) neither of them is in a position to exert influence over...
(b) neither of them is in a position to exert influence over the business dealings of the other in relation to the network or company.
153 Control
Control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices.
68 Telecommunications Legislation Amendment (National Broadband
154 Control of a company
154(1) Control of a company
Determines control of a company under Schedule 1 to the Broadcasting Services Act 1992.
154(2) Control of a company
Definition of associate in section 152 applies instead.
155 When a person is in a position to exercise control of a network
155(1) When a person is in a position to exercise control of a network
A person is in a position to exercise control of a telecommunications network if they meet certain conditions.
Identifies the time period during which the controller has control
(i) The controller is in a position, either alone or together with an associate of the controller and whether directly or indirectly: to exercise control of the operation of all or part of the network; or
The controller has control over the network for at least one year.
Identifies the time period during which the controller's control is limited
(ii) The company or more than 50% of its directors act, or are accustomed to act, in accordance with the directions, instructions or wishes of, or in concert with, the controller.
The controller's control is limited to one year.
Identifies the controller's obligation to exercise control
(v) The company or more than 50% of its directors, under a contract or an arrangement or understanding (whether formal or informal), are intended or expected to act in accordance with the directions, instructions or wishes of, or in concert with, the controller.
The controller has an obligation to exercise control over the company.
Identifies the controller's right to exercise control
The controller has the right to exercise control over the network.
155(2) When a person is in a position to exercise control of a network
An employee is not regarded as being in a position to exercise control of a network solely because of being an employee.
155(3) When a person is in a position to exercise control of a network
Multiple persons can exercise control of a network.
156 Deemed networks
Network alteration or upgrade creates a new network
Alteration or upgrade on or after 1 January 2011
Part of the network became capable of being used to supply a superfast carriage service
That part is taken to be a network in its own right
Network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011
70 Telecommunications Legislation Amendment (National Broadband
Conditional commencement for telecommunications network extension
Exemption from subsection (2) for certain telecommunications network extensions.
Permission to extend the network without subsection (2) applying.
The exemption applies to extensions that occur within the same project timeline.
(b) the network is extended to another area...
The exemption applies until the end of the project timeline.
The exemption spreads to other areas of the project timeline.
The exemption recognizes specific types of network extensions.
(a) a part of the infrastructure of a telecommunications network...
Extension of telecommunications network without exceeding a certain distance from existing infrastructure.
(a) a telecommunications network was in existence immediately before 1 January 2011;
(c) no point on the infrastructure of the extension is located more than 1 kilometre;
(b) the network is extended on or after 1 January 2011;
(5) The regulations may provide that subsection (2) does not apply to a specified extension of a telecommunications network.
157 Certain installations and connections are not taken to be an
Installation of a line for connecting premises to a telecommunications network is not considered an extension, alteration or upgrade of the network.
Prohibition on extension, alteration or upgrade
158 Local access line
158(1) Local access line
158(2) Local access line
158(3) Local access line
Determines boundary of telecommunications network in the same manner as section 22.
The determination occurs during the same time period as section 22.
The determination is made with the same method as section 22.
158(4) Local access line
Defines local access network for purposes of section 158(4)
159 Alteration
An alteration of a telecommunications network does not include an extension of the network.
72 Telecommunications Legislation Amendment (National Broadband
160 Upgrade of telecommunications network
87 Section 373
ACMA may make certain types of standards.
88 After Division 5 of Part 21
Amendments relating to Layer 2 bitstream services
389A ACMA’s power to determine technical standards
ACMA may determine technical standards by legislative instrument.
389B Compliance with technical standards
389B(1) Compliance with technical standards
Carrier must comply with technical standard
389B(2) Compliance with technical standards
Prohibits aiding, abetting, counseling, or procuring contraventions of subsection (1)
389B(3) Compliance with technical standards
389B(4) Compliance with technical standards
Exempt specified carrier or carriage service provider from subsection (1)
389B(5) Compliance with technical standards
74 Telecommunications Legislation Amendment (National Broadband
74(6) Telecommunications Legislation Amendment (National Broadband
Consultation requirement before making an instrument under subsection (4)
The Minister must consult the ACCC and ACMA.
Before making an instrument under subsection (4), the Minister MUST consult the ACCC and ACMA.
The consultation must occur before making an instrument under subsection (4).
The consultation occurs BETWEEN the time of making an instrument under subsection (4) and the previous consultation.
If the Minister makes an instrument under subsection (4), then the Minister MUST consult the ACCC and ACMA.
The consultation requirement IMPLIES that the Minister must make an instrument under subsection (4).
The consultation requirement is defined as consulting the ACCC and ACMA.
The consultation requirement IS A diffusion of information to the ACCC and ACMA.
The consultation requirement IS A cognitive action towards the ACCC and ACMA.
74(7) Telecommunications Legislation Amendment (National Broadband
Instrument under subsection (4) is not a legislative instrument.
89 Section 152AC
Defines designated superfast telecommunications network.
90 Section 152AC
91 Section 152AC
92 Section 152AC
superfast carriage service has the same meaning as in section 141 of the Telecommunications Act 1997.
93 After section 152AG
Telecommunications network must supply Layer 2 bitstream services to residential or small business customers.
1(2) January 2011 and, as a result of the alteration or
Network exempt from section 141 if deemed under subsection 141A(1)
1(3) January 2011 and, as a result of the alteration or
Network alteration or upgrade triggers network existence
Alteration or upgrade occurred on or after 1 January 2011
76 Telecommunications Legislation Amendment (National Broadband
Exemption from subsection (4) for certain telecommunications network extensions.
Permission to extend the network without subsection (4) applying.
Temporal overlap between network extension and real estate development stages.
...being, or is to be, developed as another stage of the project;
Temporal relationship between network extension and subsection (4) applicability.
Propagation of exemptions to related telecommunications networks.
Artificial intelligence recognition of exemptions based on telecommunications network development stages.
1(6) January 2011; and
1(7) January 2011; and
Exempts certain installations and connections from being considered an extension, alteration or upgrade.
1(8) January 2011; and
Installation of line for telecommunications network purposes is not considered an extension, alteration or upgrade of the network.
Prohibition on extension, alteration or upgrade of the network
1(9) January 2011; and
Defines small business customer for the purposes of this section.
Classifies entities by type/subclass hierarchy
1(10) January 2011; and
78 Telecommunications Legislation Amendment (National Broadband
Defines an upgrade of a telecommunications network
94 Before subsection 152AL(4)
94(3C) Before subsection 152AL(4)
Commission must declare specified Layer 2 bitstream service as declared service after subsection commencement.
Commission has an obligation to declare service.
94(3D) Before subsection 152AL(4)
Layer 2 bitstream service must be supplied using a designated superfast telecommunications network.
94(3E) Before subsection 152AL(4)
Paragraphs (3)(a) to (d) do not apply to a declaration mentioned in subsection (3C).
94(3F) Before subsection 152AL(4)
Commission can make declaration under subsection (3) despite another Layer 2 bitstream service being declared.
94(3G) Before subsection 152AL(4)
Commission can make another declaration under subsection (3) in relation to the same Layer 2 bitstream service.
94(3H) Before subsection 152AL(4)
Prohibits using Layer 2 bitstream service unless designated superfast telecommunications network is used.
(3H) The other declaration mentioned in subsection (3G) has no effect except to the extent (if any) to which the Layer 2 bitstream service is supplied otherwise than by using a designated superfast telecommunications network.
Temporal interval for Layer 2 bitstream service
Classification of Layer 2 bitstream service
95 After subsection 152AL(8C)
Does not prevent a Layer 2 bitstream service from being declared under subsection (8A)
Layer 2 bitstream service declaration under subsection (8A)
Temporal interval for Layer 2 bitstream service declaration
Diffusion of Layer 2 bitstream service declaration
Cognitive processing of Layer 2 bitstream service declaration
96 Subsections 152ALA(1) and (5)
Insertion of clause after section 152AL(1) and (5)
97 After subsection 152ALA(5)
Insertion of declaration in subsection 152AL(3C) remains in force indefinitely.
98 At the end of section 152AO
Cannot vary or revoke a declaration mentioned in subsection 152AL(3C)
Subsection 152AL(3C) deals with Layer 2 bitstream services.
During the period of a declaration mentioned in subsection 152AL(3C)
The Commission must not vary or revoke a declaration mentioned in subsection 152AL(3C).
99 After section 152AR
99(1) After section 152AR
Discrimination between access seekers is prohibited for category A standard access obligations.
(a) supplied using a designated superfast telecommunications network; and (b) a declared service;
must not, in complying with any of its category A standard access obligations in relation to the service, discriminate between access seekers.
(1) If a Layer 2 bitstream service is: (a) supplied using a designated superfast telecommunications network; and (b) a declared service;
must be provided within a specified time frame.
Obligation to comply with category A standard access obligations
must comply with its category A standard access obligations.
Prohibition of discrimination for carriage service providers
must not discriminate between access seekers.
99(2) After section 152AR
Discrimination against an access seeker is allowed under certain conditions.
80 Telecommunications Legislation Amendment (National Broadband
80(3) Telecommunications Legislation Amendment (National Broadband
No discrimination by a carrier or carriage service provider in favour of itself
Prohibits discrimination by carriers or carriage service providers
80(7) Telecommunications Legislation Amendment (National Broadband
Category A standard access obligation in relation to the service
(c) the carrier or carriage service provider is subject to a category A standard access obligation in relation to the service;
Related activities on a non-discriminatory basis
(b) the carrier (other than an NBN corporation) or carriage service provider (other than an NBN corporation) supplies, or is capable of supplying, the service to itself and to other persons;
(i) supplied using a designated superfast telecommunications network; and (ii) a declared service;
Layer 2 bitstream services—carriers and carriage service providers to carry on related activities on a non-discriminatory basis
80(1) Telecommunications Legislation Amendment (National Broadband
Carrier or carriage service provider must comply with category A standard access obligation.
80(2) Telecommunications Legislation Amendment (National Broadband
Discrimination between access seekers is prohibited.
80(6) Telecommunications Legislation Amendment (National Broadband
100 Paragraph 152AZ(aa)
101 Paragraph 152BA(2)(aa)
102 Before subsection 152BB(1AB)
82 Telecommunications Legislation Amendment (National Broadband
Carrier or carriage service provider must comply with the rule.
103 After subsection 152BC(4)
Exempts access determinations for declared Layer 2 bitstream services from certain subsections.
Requires a relation between identifiable temporal intervals for this provision to be fully understood.
104 Before subsection 152BCB(5)
104(4G) Before subsection 152BCB(5)
Commission must not make an access determination that discriminates between access seekers.
(4G) The Commission must not make an access determination that: (a) relates to a declared service that is: (i) a Layer 2 bitstream service; and (ii) supplied using a designated superfast telecommunications network; and (iii) supplied by a carrier (other than an NBN corporation) or a carriage service provider (other than an NBN corporation); and (b) has the effect (whether direct or indirect) of discriminating between access seekers.
104(4H) Before subsection 152BCB(5)
Commission may permit access seeker to fail to comply with terms and conditions if reasonably likely to comply with obligation.
104(4J) Before subsection 152BCB(5)
Has grounds for belief as mentioned in subsection (4H)
(4J) Examples of grounds for believing...
105 Subsection 152BCB(5)
Substitute ‘, (4A) or (4G)” for ‘or (4A)’.
Replaces ‘or (4A)’ with ‘, (4A) or (4G)”.
106 Before subsection 152BDA(5)
106(4G) Before subsection 152BDA(5)
Commission must not make binding rules of conduct that discriminate between access seekers.
Supplied using a designated superfast telecommunications network
(ii) supplied using a designated superfast...
106(4H) Before subsection 152BDA(5)
Commission has reasonable grounds to believe access seeker would fail to comply with terms and conditions.
Commission has an obligation to ensure access seeker complies with terms and conditions.
Subsection (4G) does not prevent discrimination against an access seeker.
The Commission must take reasonable grounds into account when determining whether the access seeker would comply with the terms and conditions.
Commission's reasonable grounds are a temporal interval that must be considered.
Subsection (4G) does not prevent discrimination against an access seeker if the Commission has reasonable grounds to believe...
The Commission's decision is contingent on the duration of its reasonable grounds.
Commission's decision may be subject to a recurring trace of access seekers.
The Commission must consider the pattern of compliance among access seekers when determining whether to discriminate.
Commission's decision may be subject to a diffusive process that considers multiple factors.
The Commission must consider the cumulative effect of its reasonable grounds when determining whether to discriminate.
Commission's decision may be subject to artificial intelligence processing.
The Commission must consider the output of its AI processing when determining whether to discriminate.
106(4J) Before subsection 152BDA(5)
Examples of grounds for believing as mentioned in subsection (4H)
84 Telecommunications Legislation Amendment (National Broadband
Repeated failures by access seeker to comply with terms and conditions.
107 Subsection 152BDA(5)
Substitute clause in subsection 152BDA(5)
108 After subsection 152BE(1A)
Exempts agreements from Layer 2 bitstream service regulations
109 After section 152BEBD
109(1) After section 152BEBD
Carrier or provider must provide statement to Commission within 7 days after access agreement entry.
Statement identifying parties and differences in terms and conditions.
Carrier or provider must provide statement.
109(2) After section 152BEBD
Carrier or provider must provide statement to Commission within 7 days after variation agreement entry.
86 Telecommunications Legislation Amendment (National Broadband
86(1) Telecommunications Legislation Amendment (National Broadband
Maintains a register of Layer 2 Bitstream Access Agreement Statements. Carrier or provider must provide statement to Commission within 7 days after access agreement entry.
Carrier or provider must provide statement to Commission.
86(2) Telecommunications Legislation Amendment (National Broadband
Carrier or provider must provide statement to Commission within 7 days after variation agreement entry. The Register is to be maintained by electronic means.
Statement of parties, differences in terms and conditions, and other required information.
88 Telecommunications Legislation Amendment (National Broadband
88(3) Telecommunications Legislation Amendment (National Broadband
88(4) Telecommunications Legislation Amendment (National Broadband
88(5) Telecommunications Legislation Amendment (National Broadband
Commission may remove material from statement in Register if publication could prejudice substantially commercial interests and outweighs public interest.
Publication of material could prejudice substantially commercial interests.
Commission may remove material from statement in Register.
Commission's satisfaction with conditions must be within a specific temporal interval.
Commission's decision to remove material must occur within a reasonable time frame after publication.
Commission may remove material from statement in Register if conditions are met within the specified interval.
Commission's actions must be part of a recurring pattern.
Commission regularly reviews statements for potential prejudice to commercial interests.
Commission may remove material from statement in Register if it is part of the recurring review process.
Commission's decision must be spread through the system for it to take effect.
Commission's removal of material from statement in Register must be communicated to relevant parties.
Material is removed from statement in Register if information spreads through the system.
Commission uses artificial intelligence to analyze statements for potential prejudice.
Commission employs AI algorithms to assess commercial interests and public interest.
Material is removed from statement in Register if AI analysis indicates potential prejudice.
88(6) Telecommunications Legislation Amendment (National Broadband
110 Section 152BEC
111 Subsection 152BED(2)
Prohibits the omission of specified words.
112 Before subparagraph 152CJH(a)(i)
113 At the end of subparagraph 152CJH(a)(iii)
114 At the end of subparagraph 152CJH(a)(iv)
115 Subsection 4(1)
116 Subsection 4(1) (at the end of paragraph (a) of the
117 Subsection 4(1) (after paragraph (a) of the definition of
118 Subsection 4(1) (at the end of paragraph (b) of the
119 Subsection 4(1) (after paragraph (b) of the definition of
References Minister administering National Broadband Network Companies Act 2011
120 Subsection 7(3)
Insertion of '(except when used in relation to NBN Co)' before 'means'
90 Telecommunications Legislation Amendment (National Broadband
121 After subsection 7(3)
Defines commercial activities in relation to NBN Co
122 Division 1 of Part II of Schedule 2 (after the item relating
12 Apr 2011
22 Sept 2012
92 Telecommunications Legislation Amendment (National Broadband
Commencement information for provisions of the Act
30 Section 30
Conditional commencement of Part 3 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011.
Notes to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011