Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010
An Act to amend legislation relating to telecommunications, and for other purposes
1 Short title [see Note 1]
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.5
2 Commencement
1 Section 1
Starts on the day the Act receives Royal Assent
15 December
1A Section 1A
16 December
2 Section 2
2 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.6
3 Section 3
4 Section 4
6 March 2012
5 Section 5
Conditional commencement of Schedule 1, Parts 2 and 3
6 Section 6
15 March 2011
7 Section 7
15 June 2011
8 Section 8
9 Section 9
10 Section 10
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.7
11 Section 11
12 Section 12
3 Schedule(s)
Amendments to Acts specified in a Schedule
Imposes an obligation on the State to amend Acts
4 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.8
1A At the end of subsection 3(1)
Enhance the welfare of Australians with accessible and affordable carriage services.
1 After subsection 58(1)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.9
2 At the end of section 60
Section 60 has effect subject to section 577J of the Telecommunications Act 1997.
3 At the end of section 62
Section 62 has effect subject to section 577J of the Telecommunications Act 1997.
4 At the end of section 68
Section 68 has effect subject to section 577K of the Telecommunications Act 1997.
5 Subsection 85(1)
6 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.10
6 Section 7
Defines a term for a designated part of the spectrum.
Definition of draft functional separation undertaking
8 Section 7
9 Section 7
Defines final functional separation undertaking
10 Section 7
11 Section 7
hybrid fibre-coaxial network is a telecommunications network
is a class of telecommunications networks
Temporal relation between optical fibre and coaxial cable connections
coaxial cable connections from nodes to premises of end-users supplement optical fibre connections
12 Section 7
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.11
internet carriage service means a carriage service that enables end-users to access the internet.
13 Section 7
Definition of radiocommunications device
Radiocommunications device has the same meaning as in the Radiocommunications Act 1992.
14 Section 7
Defines spectrum as same as in Radiocommunications Act 1992.
15 Section 7
16 Section 7
Defines subscription television broadcasting licence
17 After subsection 69(5)
Exempts certain conditions from subsection (1)
8 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.12
18 Before subsection 69(7)
Exempts subsection (1) from clause 84 of Schedule 1
19 After subsection 70(2)
20 After paragraph 70(5)(a)
Inserts condition from Part 1 of Schedule 1 related to sections 577AD, 577CD or 577ED.
21 Before subsection 70(4)
Subsection (1) does not apply to the condition set out in clause 84 of Schedule 1.
22 After paragraph 564(3)(a)
Inserts carrier licence condition related to section 577AD, 577CD or 577ED
23 Subsection 564(3) (after note 1)
Notes sections dealing with undertakings given by Telstra
24 After paragraph 564(3)(b)
Inserts carrier licence condition set out in clause 84 of Schedule 1
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.13
25 Subsection 564(3) (after note 2)
Control by Telstra of certain spectrum licences
26 After paragraph 571(3)(a)
27 Subsection 571(3) (after note 1)
References sections dealing with undertakings given by Telstra.
28 After paragraph 571(3)(b)
29 Subsection 571(3) (after note 2)
30 After Part 32
10 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.14
577 Simplified outline
Telstra undertakes about structural separation, hybrid fibre-coaxial networks, and subscription television broadcasting licences.
Telstra has an obligation to provide undertakings.
577A Acceptance of undertaking about structural separation
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.15
577A(1) Acceptance of undertaking about structural separation
Acceptance of undertaking about structural separation
577A(2) Acceptance of undertaking about structural separation
Matters related to transparency and equivalence in supply of regulated services are considered in connection with paragraph (1)(a)
Matters are in connection with paragraph (1)(a)
(2) For the purposes of paragraph (1)(b)
(a) Telstra’s wholesale customers; and (b) Telstra’s retail business units;
Temporal interval: beginning when the undertaking comes into force, ending at the start of the designated day
(c) beginning when the undertaking comes into force; and (d) ending at the start of the designated day;
during the period beginning when the undertaking comes into force, ending at the start of the designated day
577A(3) Acceptance of undertaking about structural separation
The ACCC must not accept an undertaking under this section unless satisfied that the undertaking provides for transparency and equivalence.
The ACCC is prohibited from accepting an undertaking under this section.
12 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.16
12(4) Telecommunications Legislation Amendment (Competition and
12(5) Telecommunications Legislation Amendment (Competition and
ACCQ cannot accept undertaking without monitoring and compliance systems
Monitoring and compliance systems must be implemented at the same time as the undertaking
(5) The ACCC must not accept an undertaking under this section unless the ACCC is satisfied that: (a) the undertaking provides for: (i) the ACCC to monitor Telstra’s compliance with the undertaking; and (ii) Telstra to have systems, procedures and processes that promote and facilitate the ACCC’s monitoring of Telstra’s compliance with the undertaking; and (b) the undertaking does so in an appropriate and effective manner.
Monitoring and compliance systems must be implemented before the undertaking takes effect
ACCQ must monitor Telstra's compliance with the undertaking
12(6) Telecommunications Legislation Amendment (Competition and
ACCC must consider certain matters when deciding to accept an undertaking.
An undertaking may be accepted only if...
National interest in structural reform is relevant
The ACCC must have regard to the national interest...
Impact of structural reform on consumers and competition is relevant
The ACCC must have regard to the impact of that structural reform...
ACCC must consider matters relevant to an undertaking
The ACCC considers such other matters (if any) as the ACCC considers relevant
ACCC discretion to consider additional matters
The ACCC must have regard to the matters set out in an instrument in force under subsection (7)
12(7) Telecommunications Legislation Amendment (Competition and
The Minister may set out matters for the purposes of paragraph (6)(a)
12(7A) Telecommunications Legislation Amendment (Competition and
Publish notice and invite submissions before making or varying an instrument.
12(8) Telecommunications Legislation Amendment (Competition and
Minister must take reasonable steps to ensure instrument comes into force as soon as practicable after section commencement.
Minister has an obligation to take reasonable steps.
12(9) Telecommunications Legislation Amendment (Competition and
Prohibition on giving undertaking without instrument in force under subsection (7)
(9) Telstra is not entitled to give an undertaking under this section
unless an instrument is in force under subsection (7)
12(10) Telecommunications Legislation Amendment (Competition and
Designated day for the purposes of this section
12(11) Telecommunications Legislation Amendment (Competition and
Cannot be varied or revoked without a fresh instrument specifying a later day.
12(12) Telecommunications Legislation Amendment (Competition and
Condition for ACCC to accept Telstra's undertaking
14 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.18
14(13) Telecommunications Legislation Amendment (Competition and
Telstra may request the Minister to make or revoke an instrument under paragraph (10)(b) specifying a particular day.
Requires a relation between identifiable temporal intervals
14(14) Telecommunications Legislation Amendment (Competition and
Minister must consider Telstra's request.
14(15) Telecommunications Legislation Amendment (Competition and
Request not considered if frivolous or made in bad faith
Minister is not required to consider the request.
The request was made before the commencement of this Act.
Request is within the applicable time period
14(16) Telecommunications Legislation Amendment (Competition and
An undertaking under this section must be expressed to be an undertaking under this section.
Must be expressed to be an undertaking under this section
14(17) Telecommunications Legislation Amendment (Competition and
Cannot withdraw undertaking after acceptance by ACCC
14(18) Telecommunications Legislation Amendment (Competition and
ACCC may perform functions and exercise powers in relation to the undertaking.
ACCC may perform functions and exercise powers.
14(19) Telecommunications Legislation Amendment (Competition and
No implication that matters cannot be included in an undertaking.
14(20) Telecommunications Legislation Amendment (Competition and
The Minister may exempt a specified fixed-line carriage service from the scope of subsection (1) and the associated provisions.
14(21) Telecommunications Legislation Amendment (Competition and
Minister may exempt telecommunications network from scope of subsection (1)
14(22) Telecommunications Legislation Amendment (Competition and
Publish a copy of an instrument on the Department's website.
Must publish a copy of an instrument on the Department's website.
14(23) Telecommunications Legislation Amendment (Competition and
Instrument under subsection (7) or paragraph (10)(b) is not a legislative instrument.
14(24) Telecommunications Legislation Amendment (Competition and
Defines associated provision and fixed-line carriage service.
577AA Acceptance of undertaking about structural separation may
Acceptance of undertaking about structural separation may be subject to the occurrence of events
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.19
16 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.20
16(2) Telecommunications Legislation Amendment (Competition and
Cannot specify event timing in nomination
16(3) Telecommunications Legislation Amendment (Competition and
16(4) Telecommunications Legislation Amendment (Competition and
A period specified by the ACCC must be 6 months or as specified in an instrument.
Must be a period of 6 months or as specified in an instrument.
16(5) Telecommunications Legislation Amendment (Competition and
The Minister may specify a period by writing.
16(6) Telecommunications Legislation Amendment (Competition and
Notify ACCC of event occurrence within specified period.
Event occurrence within specified period
(b) such an event occurs within that period;
16(6A) Telecommunications Legislation Amendment (Competition and
Exempts a specific event from subsection (6) of section 16(6A)
16(7) Telecommunications Legislation Amendment (Competition and
Repeals acceptance of undertaking if event does not occur within specified period.
(7) If: (a) a decision to accept an undertaking under section 577A is expressed to be subject to the occurrence of a single specified event within a specified period; and (b) the event does not occur within that period; this Act (other than subclause 76(4) of Schedule 1) has effect as if the undertaking had never been accepted by the ACCC.
Defines a temporal interval for the event
16(8) Telecommunications Legislation Amendment (Competition and
If specified events do not occur within a period, the undertaking is not accepted.
Prohibition of accepting an undertaking if events do not occur within a period.
(8) If: (a) a decision to accept an undertaking under section 577A is expressed to be subject to the occurrence of 2 or more specified events within a specified period; and (b) one or more of those events do not occur within that period;
This Act has effect as if the undertaking had never been accepted by the ACCC.
Temporal interval for the occurrence of events.
Temporal logic for the occurrence of events.
Diffusion of information about the undertaking.
Artificial intelligence application for the undertaking.
16(9) Telecommunications Legislation Amendment (Competition and
16(10) Telecommunications Legislation Amendment (Competition and
Instrument under subsection (3) or (5) is not a legislative instrument.
Prohibition of an instrument being a legislative instrument.
18 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.22
577AB When undertaking about structural separation comes into
Conditions under which an undertaking comes into force
Specifies the temporal relationship between the event and the commencement of the undertaking
(i) the decision to accept the undertaking is expressed to be subject to the occurrence of a single specified event within a specified period; and (ii) the event occurs within that period;
The event must occur within the specified period for the undertaking to come into force.
Describes the conditions under which the undertaking comes into force
(a) if: (i) the decision to accept the undertaking is expressed to be subject to the occurrence of a single specified event within a specified period; and (ii) the event occurs within that period;
The undertaking comes into force when the event occurs.
Specifies the temporal relationship between the events and the commencement of the undertaking
(b) if: (i) the decision to accept the undertaking is expressed to be subject to the occurrence of 2 or more specified events within a specified period; and (ii) each of those events occur at the same time;
The undertaking comes into force when all the events occur simultaneously.
Describes the conditions under which the undertaking comes into force for multiple events
(c) if: (i) the decision to accept the undertaking is expressed to be subject to the occurrence of 2 or more specified events within a specified period; and (ii) each of those events occur at different times;
The undertaking comes into force when all the events occur.
(d) if the decision to accept the undertaking is not expressed to be subject to the occurrence of one or more specified events within a specified period—when the undertaking is accepted by the ACCC.
The undertaking comes into force when it is accepted by the ACCC.
577AC Publication requirements for undertaking about structural
577AC(1) Publication requirements for undertaking about structural
Publish undertaking and decision terms on website within a specified period.
Notice announcing the undertaking has come into force
577AC(2) Publication requirements for undertaking about structural
Publish undertaking on website within a specified period
577AD Compliance with undertaking about structural separation
Compliance with undertaking about structural separation
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.23
577B Variation of undertaking about structural separation
577B(1) Variation of undertaking about structural separation
Applicability of section 577B(1) to Telstra's undertaking under section 577A.
577B(2) Variation of undertaking about structural separation
Variation of undertaking about structural separation
(2) Telstra may give the ACCC a variation of the undertaking
Temporal relation between Telstra's action and ACCC's receipt
Implication of Telstra's action on ACCC's rights
Classification of structural separation provisions as subclasses
(a) is covered by paragraph 577A(1)(b); and (b) does not consist of provisions of a final migration plan
577B(3) Variation of undertaking about structural separation
Decision to accept or reject variation of undertaking about structural separation
577B(4) Variation of undertaking about structural separation
Consideration of relevant matters when deciding to accept a variation
577B(5) Variation of undertaking about structural separation
The Minister may set out matters for the purposes of paragraph (4)(a)
577B(5A) Variation of undertaking about structural separation
Notice must be published on the Department's website before making or varying an instrument under subsection (5)
Duty to publish notice on the Department's website
20 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.24
20(6) Telecommunications Legislation Amendment (Competition and
Variation takes effect when accepted by the ACCC.
20(7) Telecommunications Legislation Amendment (Competition and
Publish variation on website after effect of variation
20(8) Telecommunications Legislation Amendment (Competition and
20(9) Telecommunications Legislation Amendment (Competition and
An instrument under subsection (5) is not a legislative instrument.
577BA Authorised conduct—subsection 51(1) of the Competition and
577BA(1) Authorised conduct—subsection 51(1) of the Competition and
Authorises conduct of Telstra and NBN corporations.
577BA(2) Authorised conduct—subsection 51(1) of the Competition and
Giving by Telstra of certain undertakings is authorised.
...is authorised for the purposes of subsection 51(1)
577BA(3) Authorised conduct—subsection 51(1) of the Competition and
Authorisation for contract arrangements under subsection 51(1) of the Competition and Consumer Act 2010
(d) the entering into of the contract, arrangement or understanding by Telstra is authorised...
Authorisation for NBN corporation arrangements
(e) the entering into of the contract, arrangement or understanding by the NBN corporation is authorised...
(f) conduct engaged in by Telstra or the NBN corporation after the undertaking comes into force...
Temporal interval for contract arrangements
(i) the undertaking under section 577A comes into force;
...before the undertaking was accepted by the ACCC, Telstra or the NBN corporation gave the ACCC a copy of the contract...
Recurring trace for contract arrangements
(ii) if the contract, arrangement or understanding was in writing;
Conditional authorisation for contract arrangements
...conduct engaged in by Telstra or the NBN corporation after the undertaking comes into force...
22 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.26
22(4) Telecommunications Legislation Amendment (Competition and
Authorises entry into contract with NBN corporation under certain conditions.
Temporal interval within which authorisation applies
(c) when the contract, arrangement or understanding is entered into...
Diffusion of authorisation to NBN corporation
(b) the contract, arrangement or understanding contains a migration provision...
22(5) Telecommunications Legislation Amendment (Competition and
Telstra's conduct is prohibited unless certain conditions are met.
22(6) Telecommunications Legislation Amendment (Competition and
Authorisation for conduct under section 577A
Subsection 51(1) of the Competition and Consumer Act 2010
22(7) Telecommunications Legislation Amendment (Competition and
Acquisition of asset from Telstra authorized under certain conditions.
the acquisition of the asset is authorised
(b) the disposal of the asset by Telstra is required for the compliance by Telstra with an undertaking in force under section 577A
the disposal of the asset overlaps with the compliance requirement
(c) the person is identified in the undertaking as the person by whom the asset is to be directly or indirectly acquired
the person is recurrently involved in the asset acquisition
the acquisition of the asset is authorized
22(8) Telecommunications Legislation Amendment (Competition and
If Telstra enters into a contract with an NBN corporation to comply with an undertaking in force under section 577A, then both parties must enter into the contract.
Telstra enters into a contract with an NBN corporation.
Both parties must enter into the contract.
24 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.28
24(9) Telecommunications Legislation Amendment (Competition and
Minister may determine that subsection (8) applies as if Telstra had entered into the contract to comply with the undertaking.
24(10) Telecommunications Legislation Amendment (Competition and
Conduct for determining timetable is authorised under subsection 51(1) of the Competition and Consumer Act 2010.
Permission to engage in conduct for determining timetable.
...the conduct is authorised for the purposes of subsection 51(1)
Temporal interval for determining timetable.
...and (b) the final migration plan sets out a method for determining a timetable...
24(11) Telecommunications Legislation Amendment (Competition and
Telstra must not enter into a contract with an NBN corporation containing certain provisions.
Prohibition of contract with NBN corporation
24(12) Telecommunications Legislation Amendment (Competition and
Imposes an obligation on the amendment of Schedule 1
26 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.30
asset means: (a) any legal or equitable estate or interest in real or personal property, including a contingent or prospective one; and (b) any right, privilege or immunity, including a contingent or prospective one.
fixed-line carriage service means: (a) a carriage service that is supplied using a line to premises occupied or used by an end-user; or (b) a service that facilitates the supply of a carriage service covered by paragraph (a).
give effect to, in relation to a provision of a contract, arrangement or understanding, has the same meaning as in the Competition and Consumer Act 2010.
migration provision has the meaning given by subsection (11).
national broadband network means a telecommunications network for the high-speed carriage of communications, where an NBN corporation has been, is, or is to be, involved in the creation or development of the network.
NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).
577BB Migration plan principles
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.31
577BB(1) Migration plan principles
Minister may determine migration plan principles
33(3) of the Acts Interpretation Act 1901
577BB(2) Migration plan principles
Publish notice on website and consider submissions within 14 days.
577BB(3) Migration plan principles
Publish determination on Department's website
577BB(4) Migration plan principles
A determination under subsection (1) is not a legislative instrument.
577BC Migration plan
577BC(1) Migration plan
Draft migration plan may be given to ACCC after undertaking comes into force
577BC(2) Migration plan
Must specify action to cease supplying fixed-line carriage services
Specify action to cease supplying fixed-line carriage services
28 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.32
28(3) Telecommunications Legislation Amendment (Competition and
Minister may specify additional matters in a written instrument
28(4) Telecommunications Legislation Amendment (Competition and
No provisions dealing with specified matters in a migration plan
A draft or final migration plan must not contain provisions dealing with such matters (if any) as are specified in a written instrument made by the Minister.
28(5) Telecommunications Legislation Amendment (Competition and
Draft migration plan cannot be given to ACCC without determination in force under subsection 577BB(1).
28(6) Telecommunications Legislation Amendment (Competition and
28(7) Telecommunications Legislation Amendment (Competition and
An instrument under subsection (3) or (4) is not a legislative instrument.
Prohibits instruments under subsection (3) or (4)
28(8) Telecommunications Legislation Amendment (Competition and
Defines fixed-line carriage service and national broadband network.
Classifies NBN Co and related body corporate.
NBN Co means NBN Co Limited (ACN 136 533 741)
NBN corporation means NBN Co; or NBN Tasmania; or a company that is a related body corporate of NBN Co.
Defines NBN Tasmania and related body corporate.
NBN Tasmania means NBN Tasmania Limited (ACN 138 338 271)
related body corporate has the same meaning as in the Corporations Act 2001
577BD Approval of draft migration plan by the ACCC—plan given
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.33
577BD(1) Approval of draft migration plan by the ACCC—plan given
Telstra must give the ACCC a draft migration plan in accordance with an undertaking.
577BD(2) Approval of draft migration plan by the ACCC—plan given
The ACCC must approve the original plan if it complies with migration plan principles.
The ACCC must approve the original plan.
30 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.34
30(3) Telecommunications Legislation Amendment (Competition and
The ACCC must accept an undertaking before making a decision under subsection (2) The ACCC must publish a notice and consider submissions before making a decision.
Must publish notice and consider submissions
30(4) Telecommunications Legislation Amendment (Competition and
Comply with a direction under subparagraph (2)(b)(ii) Consultation after undertaking comes into force
(4) Telstra must comply with a direction under subparagraph (2)(b)(ii)
Temporal relation between the direction and the compliance
This section has effect as if the original plan had been given to the ACCC in accordance with the undertaking.
30(5) Telecommunications Legislation Amendment (Competition and
ACCC must consider certain factors before making a decision. Draft migration plan given by Telstra is taken to be in accordance with the undertaking.
30(6) Telecommunications Legislation Amendment (Competition and
Notify Telstra of decision within a certain timeframe.
30(1) Telecommunications Legislation Amendment (Competition and
Telstra gives ACCC an undertaking under section 577A.
Telstra has an obligation to nominate the event.
The nomination meets the requirements of paragraph 577AA(1)(b) and subsection 577AA(2).
30(2) Telecommunications Legislation Amendment (Competition and
Request for Telstra to provide a replacement draft migration plan within 30 days.
Obligation to provide a replacement draft migration plan
The ACCC requests Telstra to provide a replacement draft migration plan within 30 days.
Telstra MUST provide a replacement draft migration plan within 30 days.
Temporal interval for providing the replacement draft migration plan
Telstra MUST provide a replacement draft migration plan within 30 days after receiving the notice.
The temporal interval for providing the replacement draft migration plan is >= 30 days.
Implication of Telstra's failure to provide a replacement draft migration plan
If Telstra fails to provide a replacement draft migration plan within 30 days, the ACCC will refuse to approve the original plan.
Telstra's failure to provide a replacement draft migration plan implies that the ACCC will refuse to approve the original plan.
Relationship between Telstra and the ACCC
The ACCC is an agent that requests Telstra to provide a replacement draft migration plan.
Telstra and the ACCC are related by IS_A.
Validation of the replacement draft migration plan
The replacement draft migration plan must comply with the migration plan principles.
The replacement draft migration plan IS A document that complies with the migration plan principles.
32 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.36
32(6) Telecommunications Legislation Amendment (Competition and
Draft migration plan must be given in accordance with the undertaking.
Obligation to provide a draft migration plan in accordance with the undertaking.
32(7) Telecommunications Legislation Amendment (Competition and
Notify Telstra of decision within a timeframe
32(1) Telecommunications Legislation Amendment (Competition and
Telstra must provide a draft migration plan to the ACCC under certain conditions.
Telstra has given an undertaking to the ACCC.
32(2) Telecommunications Legislation Amendment (Competition and
Direct Telstra to provide a replacement draft migration plan within 30 days.
32(3) Telecommunications Legislation Amendment (Competition and
The ACCC must publish a notice and consider submissions before making a decision.
32(4) Telecommunications Legislation Amendment (Competition and
Comply with a direction under subparagraph (2)(b)(ii)
32(5) Telecommunications Legislation Amendment (Competition and
Obligation to comply with the undertaking.
34 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.38
34(6) Telecommunications Legislation Amendment (Competition and
34(1) Telecommunications Legislation Amendment (Competition and
34(2) Telecommunications Legislation Amendment (Competition and
34(3) Telecommunications Legislation Amendment (Competition and
The ACCC must take action before making a decision.
34(4) Telecommunications Legislation Amendment (Competition and
34(5) Telecommunications Legislation Amendment (Competition and
Notify Telstra of decision within a reasonable timeframe.
577BE Effect of approval of draft migration plan
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.39
577BE(1) Effect of approval of draft migration plan
(1) If the ACCC approves a draft migration plan...
The plan becomes a final migration plan.
577BE(2) Effect of approval of draft migration plan
Plan comes into force after notice of approval is given to Telstra
Plan starts on the day after notice of approval is given
Plan diffuses to Telstra after notice of approval is given
Plan incorporates ACCC's decision-making process
577BE(3) Effect of approval of draft migration plan
Plan comes into force at the later of two conditions.
36 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.40
36(4) Telecommunications Legislation Amendment (Competition and
Prohibition of withdrawing a final migration plan
(4) A final migration plan may not be withdrawn.
A final migration plan cannot be withdrawn.
36(5) Telecommunications Legislation Amendment (Competition and
Integration of migration plan provisions into the undertaking
36(6) Telecommunications Legislation Amendment (Competition and
Publish ACCC's final migration plan on website after its force.
Describes temporal relationship between plan publication and ACCC's functions.
36(7) Telecommunications Legislation Amendment (Competition and
ACCC may perform functions and exercise powers in relation to a final migration plan.
36(8) Telecommunications Legislation Amendment (Competition and
A final migration plan is not a legislative instrument.
577BF Variation of final migration plan
577BF(1) Variation of final migration plan
This section applies if a final migration plan is in force.
577BF(2) Variation of final migration plan
Telstra may give the ACCC a variation of the final migration plan.
577BF(3) Variation of final migration plan
Must approve or refuse variation of final migration plan
Obligation to approve or refuse variation
577BF(4) Variation of final migration plan
Publish notice and consider submissions on variation of final migration plan
577BF(5) Variation of final migration plan
Variation of minor nature does not trigger subsection (4)
577BF(6) Variation of final migration plan
Variation of final migration plan takes effect upon approval by ACCC.
577BF(7) Variation of final migration plan
Variation of final migration plan takes effect as if provisions were part of the undertaking.
577BF(8) Variation of final migration plan
Publish variation on website after it takes effect
577C Acceptance of undertaking about hybrid fibre-coaxial
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.41
577C(1) Acceptance of undertaking about hybrid fibre-coaxial
Telstra undertakes not to exercise control of a hybrid fibre-coaxial network in Australia.
577C(1A) Acceptance of undertaking about hybrid fibre-coaxial
ACCC must consider relevant matters when deciding to accept an undertaking.
Consideration of relevant matters is a duty.
ACCC has discretion to decide on undertakings.
577C(1B) Acceptance of undertaking about hybrid fibre-coaxial
The Minister may set out matters for the purposes of paragraph (1A)(a)
38 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.42
38(1C) Telecommunications Legislation Amendment (Competition and
38(2) Telecommunications Legislation Amendment (Competition and
The period specified in the undertaking must not be longer than 12 months.
38(3) Telecommunications Legislation Amendment (Competition and
The undertaking must be expressed to be an undertaking under this section.
38(4) Telecommunications Legislation Amendment (Competition and
The undertaking may not be withdrawn after it has been accepted by the ACCC.
The undertaking overlaps with other provisions.
The provision is part of the Telecommunications Legislation Amendment (Competition and
The undertaking has a specific temporal scope.
The withdrawal of the undertaking implies a breach of the provision.
If the undertaking is withdrawn, then the ACCC has breached the provision.
The provision diffuses to other related provisions.
The provision recognizes the ACCC's authority.
The provision acknowledges the ACCC's role.
38(5) Telecommunications Legislation Amendment (Competition and
ACCC may perform functions and exercise powers in accordance with the undertaking.
38(6) Telecommunications Legislation Amendment (Competition and
38(7) Telecommunications Legislation Amendment (Competition and
An instrument under subsection (1B) is not a legislative instrument.
577CA Acceptance of undertaking about hybrid fibre-coaxial
577CA(1) Acceptance of undertaking about hybrid fibre-coaxial
Decision to accept undertaking must be expressed to occur within specified period after acceptance.
Decision to accept undertaking is an obligation.
577CA(2) Acceptance of undertaking about hybrid fibre-coaxial
Must not specify event timing in nomination
(2) A nomination under subsection (1) must not specify an event by reference to the timing of the event.
577CA(3) Acceptance of undertaking about hybrid fibre-coaxial
Minister may specify events for the purposes of subsection (1)(c)(vii)
577CA(4) Acceptance of undertaking about hybrid fibre-coaxial
577CA(5) Acceptance of undertaking about hybrid fibre-coaxial
Minister may specify a period for notification requirement
Minister has the power to specify a period
577CA(6) Acceptance of undertaking about hybrid fibre-coaxial
Notify ACCC of event occurrence within specified period after decision to accept undertaking is expressed to be subject to such event.
40 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.44
40(7) Telecommunications Legislation Amendment (Competition and
Repeals undertaking if event does not occur within specified period
(7) If: (a) a decision to accept an undertaking under section 577C is expressed to be subject to the occurrence of a single specified event within a specified period; and (b) the event does not occur within that period; this Act has effect as if the undertaking had never been accepted by the ACCC.
40(8) Telecommunications Legislation Amendment (Competition and
If events do not occur within the specified period, the undertaking is not accepted.
Prohibits acceptance of an undertaking if events do not occur within the specified period.
(8) If: (a) a decision to accept an undertaking under section 577C is expressed to be subject to the occurrence of 2 or more specified events within a specified period; and (b) one or more of those events do not occur within that period;
Defines an Allen interval for the key 'sch-1-sec-40-ss-8'
Defines an LTL property for the key 'sch-1-sec-40-ss-8'
Defines a diffusion property for the key 'sch-1-sec-40-ss-8'
Defines an argumentation property for the key 'sch-1-sec-40-ss-8'
40(9) Telecommunications Legislation Amendment (Competition and
40(10) Telecommunications Legislation Amendment (Competition and
An instrument under subsection (3) or (5) is not a legislative instrument.
An instrument under subsection (3) or (5)
577CB When undertaking about hybrid fibre-coaxial networks
577CC Publication requirements for undertaking about hybrid
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.45
577CC(1) Publication requirements for undertaking about hybrid
Publish undertaking and terms on website upon decision
Publishing undertaking and terms upon decision
577CC(2) Publication requirements for undertaking about hybrid
42 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.46
577CD Compliance with undertaking about hybrid fibre-coaxial
Must comply with undertaking about hybrid fibre-coaxial networks.
577D Variation of undertaking about hybrid fibre-coaxial networks
577D(1) Variation of undertaking about hybrid fibre-coaxial networks
Applicability of section 577D(1) to Telstra's undertaking under section 577C
Identifies the deontic type of the provision
577D(2) Variation of undertaking about hybrid fibre-coaxial networks
Variation of undertaking about hybrid fibre-coaxial networks
577D(3) Variation of undertaking about hybrid fibre-coaxial networks
Decision to accept or reject variation of undertaking about hybrid fibre-coaxial networks
577D(3A) Variation of undertaking about hybrid fibre-coaxial networks
Consider relevant matters when deciding to accept a variation in hybrid fibre-coaxial networks.
577D(3B) Variation of undertaking about hybrid fibre-coaxial networks
577D(3C) Variation of undertaking about hybrid fibre-coaxial networks
577D(4) Variation of undertaking about hybrid fibre-coaxial networks
Variation of undertaking about hybrid fibre-coaxial networks takes effect upon acceptance by the ACCC.
577D(5) Variation of undertaking about hybrid fibre-coaxial networks
Must publish variation on website after it takes effect.
577D(6) Variation of undertaking about hybrid fibre-coaxial networks
577D(7) Variation of undertaking about hybrid fibre-coaxial networks
An instrument under subsection (3B) is not a legislative instrument.
577E Acceptance of undertaking about subscription television
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.47
577E(1) Acceptance of undertaking about subscription television
Telstra must not exercise control of a subscription television broadcasting licence.
577E(1A) Acceptance of undertaking about subscription television
577E(1B) Acceptance of undertaking about subscription television
Minister may set out matters for the purposes of paragraph (1A)(a) by writing.
577E(1C) Acceptance of undertaking about subscription television
Publish notice on website and consider submissions before making or varying an instrument.
Submissions to the Minister within 14 days after publication of the notice.
Obligation to publish notice and consider submissions.
577E(2) Acceptance of undertaking about subscription television
Prohibition on exceeding the specified period
(2) The period specified in the undertaking as mentioned in paragraph (1)(a)
44 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.48
44(3) Telecommunications Legislation Amendment (Competition and
Expressing an undertaking under this section is mandatory.
Expressing an undertaking is a requirement.
44(4) Telecommunications Legislation Amendment (Competition and
Prohibition on withdrawing an undertaking after acceptance.
44(5) Telecommunications Legislation Amendment (Competition and
44(6) Telecommunications Legislation Amendment (Competition and
Determines control of subscription television broadcasting licence under Schedule 1 to the Broadcasting Services Act 1992.
44(7) Telecommunications Legislation Amendment (Competition and
44(8) Telecommunications Legislation Amendment (Competition and
577EA Acceptance of undertaking about subscription television
577EA(1) Acceptance of undertaking about subscription television
577EA(2) Acceptance of undertaking about subscription television
577EA(3) Acceptance of undertaking about subscription television
577EA(4) Acceptance of undertaking about subscription television
(4) A period specified by the ACCC under subsection (1)
(a) 6 months; or (b) if another period is specified in an instrument under subsection (5)—that period.
The period must contain the specified duration.
If the ACCC specifies a period, then that period must be 6 months or as specified in an instrument.
577EA(5) Acceptance of undertaking about subscription television
Specify a period for notification requirement
577EA(6) Acceptance of undertaking about subscription television
Notify ACCC of event occurrence within specified period if condition is met.
577EA(7) Acceptance of undertaking about subscription television
Conditional acceptance of undertaking about subscription television
(7) If: a decision to accept an undertaking under section 577E is expressed...
...the event does not occur within that period;
46 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.50
46(8) Telecommunications Legislation Amendment (Competition and
(a) a decision to accept an undertaking under section 577E is expressed to be subject to the occurrence of 2 or more specified events within a specified period;
Defines the temporal interval for the events.
(b) one or more of those events do not occur within that period;
Defines the repetition of the temporal interval.
Imposes an obligation on the decision-maker to consider the events.
Grants permission to consider alternative courses of action.
46(9) Telecommunications Legislation Amendment (Competition and
46(10) Telecommunications Legislation Amendment (Competition and
577EB When undertaking about subscription television
The decision to accept the undertaking is expressed to be subject to the occurrence of a single specified event within a specified period.
The undertaking comes into force if the event occurs within that period.
Conditional obligation with multiple events
The decision to accept the undertaking is expressed to be subject to the occurrence of 2 or more specified events within a specified period, and each of those events occur at the same time.
The undertaking comes into force if all events occur at the same time.
Conditional obligation with different events
The decision to accept the undertaking is expressed to be subject to the occurrence of 2 or more specified events within a specified period, and each of those events occur at different times.
The undertaking comes into force if all events occur at the last time.
The decision to accept the undertaking is not expressed to be subject to the occurrence of one or more specified events within a specified period.
The event must occur within that period.
577EC Publication requirements for undertaking about
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.51
577EC(1) Publication requirements for undertaking about
Publish undertaking and decision terms on website upon acceptance.
ACCC must publish notice when undertaking comes into force.
577EC(2) Publication requirements for undertaking about
ACCC must publish undertaking on its website within a specified period after accepting it.
577ED Compliance with undertaking about subscription television
Compliance with undertaking about subscription television
48 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.52
577F Variation of undertaking about subscription television
577F(1) Variation of undertaking about subscription television
Applicability of section to Telstra's undertaking
577F(2) Variation of undertaking about subscription television
Variation of undertaking about subscription television
577F(3) Variation of undertaking about subscription television
Decision to accept or reject variation in subscription television undertaking
Must decide to accept or reject variation
577F(3A) Variation of undertaking about subscription television
ACCC must consider relevant matters when deciding to accept a variation in subscription television.
ACCC must decide whether to accept the variation
Relevant matters must be considered during the decision-making process
Decision to accept variation is made at some point
ACCC must consider all relevant matters when deciding to accept a variation
Relevant matters must be disseminated to those who need them
ACCC's decision-making process must be transparent and explainable
577F(3B) Variation of undertaking about subscription television
The Minister may set out matters for the purposes of paragraph (3A)(a) by writing.
577F(3C) Variation of undertaking about subscription television
Minister must publish notice and consider submissions before making or varying an instrument.
Obligation to publish and consider submissions.
577F(4) Variation of undertaking about subscription television
Variation of undertaking about subscription television takes effect upon acceptance by the ACCC.
Effect of variation on subscription television
(4) The variation takes effect when it is accepted by the ACCC.
The variation takes effect upon acceptance by the ACCC.
Temporal interval for variation acceptance
The variation takes effect at the time of acceptance by the ACCC.
Recurring trace for variation acceptance
The variation takes effect at each time of acceptance by the ACCC.
The variation spreads to all parties upon acceptance by the ACCC.
The variation is justified upon acceptance by the ACCC.
577F(5) Variation of undertaking about subscription television
Publish variation on website after variation takes effect
577F(6) Variation of undertaking about subscription television
The Minister must cause a copy of an instrument...
577F(7) Variation of undertaking about subscription television
577G Enforcement of undertakings
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.53
577G(1) Enforcement of undertakings
ACCC may apply for order if Telstra breaches undertaking.
577G(2) Enforcement of undertakings
Order prohibiting or deferring payment of sums due to a person in respect of shares held by Telstra
Prohibits payment of sums due to a person in respect of shares held by Telstra
(2) If the Federal Court is satisfied that Telstra has breached the undertaking...
(d) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by Telstra;
Restrains exercise of rights attached to shares
(c) an order restraining the exercise of any rights attached to shares;
Directs disposal of network units, shares or other assets
(b) an order directing the disposal of network units, shares or other assets;
(f) an order directing Telstra to pay to the Commonwealth an amount up to the amount of any financial benefit that Telstra has obtained directly or indirectly and that is reasonably attributable to the breach;
(g) any order that the Court considers appropriate directing Telstra to compensate any other person who has suffered loss or damage as a result of the breach;
(a) an order directing Telstra to comply with the undertaking;
577G(3) Enforcement of undertakings
Power to make orders directing persons to do or refrain from specified acts.
50 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.54
50(4) Telecommunications Legislation Amendment (Competition and
Notice of application must be given to certain persons or published in a certain manner.
50(5) Telecommunications Legislation Amendment (Competition and
Federal Court may rescind, vary or discharge an order made by it under this section.
Prohibits the Federal Court from making an order under this section.
577GA Excluded spectrum regime
577GA(1) Excluded spectrum regime
The Minister may determine that the excluded spectrum regime applies to Telstra.
577GA(2) Excluded spectrum regime
Determinations under subsection (1) have effect for the purposes of this Division and Part 10 of Schedule 1.
577H Designated part of the spectrum
577H(1) Designated part of the spectrum
Designates specific frequency ranges as part of the spectrum.
Defines a designated part of the spectrum
577H(2) Designated part of the spectrum
577H(3) Designated part of the spectrum
Minister may determine part of spectrum not designated
577H(4) Designated part of the spectrum
The Minister may determine a part of the spectrum is designated.
577J Limits on allocation of certain spectrum licences to Telstra
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.55
577J(1) Limits on allocation of certain spectrum licences to Telstra
ACMA must not allocate a spectrum licence to Telstra if the licence relates to a designated part of the spectrum.
577J(2) Limits on allocation of certain spectrum licences to Telstra
Exemptions from spectrum licence allocation limits for Telstra undertakings
The rule in subsection (1) does not apply if either an undertaking given by Telstra is in force under section 577C or a declaration is in force under subsection (3).
Either an exemption under section 577C or a declaration under subsection (3) applies to exempt spectrum licence allocation limits.
The rule in subsection (1) does not apply if either an undertaking given by Telstra is in force under section 577E or a declaration is in force under subsection (5).
Either an exemption under section 577E or a declaration under subsection (5) applies to exempt spectrum licence allocation limits.
The rule in subsection (1) does not apply if an undertaking given by Telstra is in force under section 577A and the undertaking is covered by subsection (2A).
An exemption under section 577A applies before the commencement of subsection (2A).
577J(2A) Limits on allocation of certain spectrum licences to Telstra
Limits on allocation of certain spectrum licences to Telstra
Telstra must give the ACCC a draft migration plan
577J(3) Limits on allocation of certain spectrum licences to Telstra
Telstra exempt from undertaking under section 577C
52 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.56
52(4) Telecommunications Legislation Amendment (Competition and
The Minister must make a declaration only if the ACCC accepts an undertaking given by Telstra.
52(4A) Telecommunications Legislation Amendment (Competition and
Conditional commencement of a declaration under subsection (3)
52(4B) Telecommunications Legislation Amendment (Competition and
Reverses the effect of a declaration if the undertaking has not been accepted by the ACCC.
(4B) If: ... this Act has effect as if the declaration had never been made by the Minister.
this Act has effect as if the undertaking had never been accepted by the ACCC;
(4B) If: ... this Act has effect as if the undertaking had never been accepted by the ACCC;
this Act has effect as if the declaration had never been made by the Minister.
52(5) Telecommunications Legislation Amendment (Competition and
Minister may declare Telstra exempt from undertaking requirement
52(6) Telecommunications Legislation Amendment (Competition and
52(6A) Telecommunications Legislation Amendment (Competition and
Conditional commencement of a declaration under subsection (5)
52(6B) Telecommunications Legislation Amendment (Competition and
(6B) If: (a) paragraph (6)(b) applies to a declaration; and (b) as a result of subsection 577AA(7) or (8), this Act has effect as if the undertaking had never been accepted by the ACCC;
52(6C) Telecommunications Legislation Amendment (Competition and
52(7) Telecommunications Legislation Amendment (Competition and
A declaration made under subsection (3) or (5) is not a legislative instrument.
Prohibits declarations from being considered legislative instruments.
52(8) Telecommunications Legislation Amendment (Competition and
Defines telecommunications market for this section.
Establishes a relationship between terms
Part XIB of the Competition and Consumer Act 2010 defines telecommunications market
Establishes a temporal relationship between terms
Part XIB of the Competition and Consumer Act 2010 applies to this section
Establishes a logical implication between terms
This section defines telecommunications market
Telecommunications market applies to this section
577K Limits on use of certain spectrum licences by Telstra
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.57
577K(1) Limits on use of certain spectrum licences by Telstra
Telstra cannot authorise radiocommunications devices under the licence.
Telstra is a licensee of the spectrum licence.
Spectrum licence and radiocommunications devices overlap in time.
The spectrum licence relates to a designated part of the spectrum.
Radiocommunications devices are not allowed during this period.
Spectrum licence is valid until it expires.
The spectrum licence has a designated end date.
Radiocommunications devices are not allowed after this period.
Spectrum licence holder's actions affect the excluded spectrum regime.
The spectrum licence holder has authority over the spectrum licence.
Excluded spectrum regime is affected by Telstra's actions.
Telstra's actions are inferred from the excluded spectrum regime.
The excluded spectrum regime provides context for Telstra's actions.
Telstra's actions are constrained by the excluded spectrum regime.
577K(2) Limits on use of certain spectrum licences by Telstra
Exemption from rule for Telstra undertakings
54 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.58
54(2A) Telecommunications Legislation Amendment (Competition and
Section 54(2A) covers a section 577A undertaking if certain conditions are met.
Section requires a draft migration plan to be given by Telstra
Draft migration plan is required for this undertaking
Section requires Telstra to give the ACCC a draft migration plan
Section requires the ACCC to approve the draft migration plan
The ACCC must approve the draft migration plan
Section requires the ACCC to have approved the draft migration plan under specified sections
The ACCC must have approved the draft migration plan under these sections
54(3) Telecommunications Legislation Amendment (Competition and
Prohibits aiding, abetting, counseling, or procuring a contravention of subsection (1)
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1);
Being knowingly concerned in contravention
(c) be in any way, directly or indirectly, knowingly concerned in, nor party to, a contravention of subsection (1);
(d) conspire with others to effect a contravention of subsection (1);
Temporal overlap between prohibited actions
(a) aid, abet, counsel or procure a contravention of subsection (1); and (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1);
54(4) Telecommunications Legislation Amendment (Competition and
Prohibits breaches of civil penalty provisions
577L Limits on assignment of certain spectrum licences to Telstra
577L(1) Limits on assignment of certain spectrum licences to Telstra
Cannot assign whole or part of spectrum licence to Telstra
577L(2) Limits on assignment of certain spectrum licences to Telstra
Exemptions from assignment limits for Telstra undertakings
The undertaking is covered by subsection (2A)
...and the undertaking is covered by subsection (2A);
577L(2A) Limits on assignment of certain spectrum licences to Telstra
Limits on assignment of certain spectrum licences to Telstra
The undertaking requires Telstra to give the ACCC a draft migration plan
Must not require Telstra to give the ACCC a draft migration plan
The undertaking does not require Telstra to give the ACCC a draft migration plan
Telstra is not required to give the ACCC a draft migration plan
56 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.60
56(3) Telecommunications Legislation Amendment (Competition and
56(4) Telecommunications Legislation Amendment (Competition and
577M Associate
577M(1) Associate
Associate definition for control purposes
Telstra is an associate if it controls a company or network
577M(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.
577N Control
Control includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.61
577P Control of a company
577P(1) Control of a company
Determines the question of control of a company under Schedule 1 to the Broadcasting Services Act 1992.
Schedule 1 to the Broadcasting Services Act 1992
577P(2) Control of a company
Definition of associate in section 577M applies instead.
Definition of associate in subsection 6(1) does not apply
Subsection 6(1) definition does not apply
577Q When Telstra is in a position to exercise control of a network
Telstra exercises control of a network if certain conditions are met.
58 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.62
58(2) Telecommunications Legislation Amendment (Competition and
An employee is not regarded as exercising control of a network solely because of being an employee.
Employee is not regarded as exercising control
An employee is not regarded as being in a position to exercise control
Employee's employment period does not imply control over the network
58(3) Telecommunications Legislation Amendment (Competition and
More than one person may exercise control of a network.
31 At the end of Schedule 1
Addition of new content at the end of Schedule 1
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.63
68 Simplified outline
Telstra must prepare a draft functional separation undertaking.
69 Definitions
Definitions for Telstra business unit and declared network service
60 Telecommunications Legislation Amendment (Competition and
Defines equivalence and functional separation principles for telecommunications services.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.64
Defines functional separation requirements
functional separation principles means the principles set out in clause 74
1 April, 1 July or 1 October.
Definitions for regulated service, retail business unit, and wholesale/network business unit.
70 Declared network services
71 Regulated services
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.65
71(1) Regulated services
Defines regulated service for the purposes of Part XIC.
Regulated service is a declared service within the meaning of Part XIC
Describes temporal relationship between declared service and Part XIC
Regulated service is within the meaning of Part XIC at some point in time
Justifies definition of regulated service
Describes relationship between declared service and Part XIC
71(2) Regulated services
Regulated services subject to subclause (3)
71(3) Regulated services
Minister may determine service is not regulated
71(4) Regulated services
Minister may determine regulated services
72 Notional contracts
Treat notional contracts as actual contracts for Telstra's business units.
Imposes a duty on Telstra's business units.
73 Contents of draft or final functional separation undertaking
Telstra must establish and maintain a committee to comply with the functional separation principles.
62 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.66
62(2) Telecommunications Legislation Amendment (Competition and
If a final functional separation undertaking is in force throughout a part, but not the whole, of a particular quarter, that part is taken to be a quarter in its own right.
Obligation to treat a part as a quarter in its own right
62(3) Telecommunications Legislation Amendment (Competition and
ACCC may perform functions or exercise powers in relation to the undertaking.
74 Functional separation principles
74(1) Functional separation principles
Maintain functional separation principles
Must maintain functional separation principles
(1) The functional separation principles are as follows:
Maintain arm's length functional separation between wholesale/network business unit and retail business units
(c) the principle that Telstra should maintain arm’s length functional separation between: (i) its wholesale/network business unit; and (ii) its retail business units;
Comply with final functional separation undertaking
(d) the principle that Telstra should have systems, procedures and practices that relate to: (i) compliance with a final functional separation undertaking;
Monitor and report on compliance with final functional separation undertaking
(d) the principle that Telstra should have systems, procedures and practices that relate to: (ii) monitoring of, and reporting on, compliance with a final functional separation undertaking;
Develop performance measures relating to compliance with final functional separation undertaking
(d) the principle that Telstra should have systems, procedures and practices that relate to: (iii) the development of performance measures relating to compliance with a final functional separation undertaking;
74(2) Functional separation principles
Must consider favourable terms and conditions when determining equivalence principle.
Obligation to consider favourable terms and conditions.
74(3) Functional separation principles
Regard may be had to matters not limited by subclause (2)
74(4) Functional separation principles
Clarifies that this clause does not affect the meaning of anything in Part 33.
This clause does not affect the meaning of anything in Part 33.
There is no obligation to consider this clause when determining the meaning of Part 33.
This clause clarifies that its commencement does not affect the meaning of anything in Part 33.
The commencement of this clause is clarified to mean that it does not affect the meaning of Part 33.
This clause clarifies that its conditions do not affect the meaning of anything in Part 33.
The conditions of this clause are clarified to mean that they do not affect the meaning of Part 33.
This clause clarifies that its effects do not affect the meaning of anything in Part 33.
The effects of this clause are clarified to mean that they do not affect the meaning of Part 33.
This clause clarifies that its applications do not affect the meaning of anything in Part 33.
The applications of this clause are clarified to mean that they do not affect the meaning of Part 33.
75 Functional separation requirements determination
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.67
75(1) Functional separation requirements determination
Minister may make written determination specifying functional separation requirements.
75(2) Functional separation requirements determination
Determines manner of implementation of functional separation principles
64 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.68
64(3) Telecommunications Legislation Amendment (Competition and
A functional separation requirements determination must deal with the manner in which a requirement is to be met.
64(4) Telecommunications Legislation Amendment (Competition and
64(4A) Telecommunications Legislation Amendment (Competition and
Minister must publish notice and consider submissions before making or varying functional separation requirements determination.
64(4B) Telecommunications Legislation Amendment (Competition and
Minister may ask ACCC for additional advice on a matter arising under this clause.
64(5) Telecommunications Legislation Amendment (Competition and
Functional separation requirements determination must be implemented within 90 days after clause commencement.
64(5A) Telecommunications Legislation Amendment (Competition and
Exemption from subclause (5) for Telstra's undertaking on structural separation
Telstra has given the ACCC a draft migration plan under section 577A
64(5B) Telecommunications Legislation Amendment (Competition and
Extension of 90-day period for telecommunications legislation amendment
Granting permission to extend the 90-day period
64(5C) Telecommunications Legislation Amendment (Competition and
Minister must not make an instrument under subclause (5B) without specified conditions.
Minister cannot make an instrument under subclause (5B)
Telstra has given the ACCC an undertaking under section 577A;
Minister's action is contingent on specified conditions
that decision is expressed to be subject to the occurrence of one or more specified events within a specified period;
Timeframe for undertaking to take effect
66 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.70
66(5D) Telecommunications Legislation Amendment (Competition and
Minister must table a copy of an instrument within 15 sitting days.
66(5E) Telecommunications Legislation Amendment (Competition and
If the ACCC accepts an undertaking given by Telstra under section 577A, and certain conditions are met, subclause (5) does not apply.
The Minister must ensure that a functional separation requirements determination comes into force within 90 days after the end of the post-acceptance period.
(5E) If: (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and ... (f) the Minister must ensure that a functional separation requirements determination comes into force within 90 days after the end of the post-acceptance period.
(f) the Minister must ensure that a functional separation requirements determination comes into force within 90 days after the end of the post-acceptance period.
(5EA) If: (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and... (g) subclause (5) does not apply;
(5EB) Subclause (5) does not apply if: (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and... (e) the undertaking does not require Telstra to give the ACCC a draft migration plan.
(5EC) Subclause (5) does not apply if: (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and... (h) the Minister must ensure that a functional separation requirements determination comes into force within 90 days after the end of the post-acceptance period.
(h) the Minister must ensure that a functional separation requirements determination comes into force within 90 days after the end of the post-acceptance period.
68 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.72
68(5F) Telecommunications Legislation Amendment (Competition and
No procedural fairness requirements for instrument making
Minister exempt from procedural fairness
68(5G) Telecommunications Legislation Amendment (Competition and
Minister does not have a duty to consider making an instrument under subclause (5B)
68(6) Telecommunications Legislation Amendment (Competition and
A determination under subclause (1) is not a legislative instrument.
(6) A determination under subclause (1) is not a legislative instrument.
A determination under subclause (1) is an obligation that does not impose a duty.
Temporal relation to legislative instruments
A determination under subclause (1) occurs during the existence of a legislative instrument.
A determination under subclause (1) diffuses during the existence of a legislative instrument.
68(7) Telecommunications Legislation Amendment (Competition and
An instrument under subclause (5B) is not a legislative instrument.
76 Draft functional separation undertaking to be given to Minister
76(1) Draft functional separation undertaking to be given to Minister
Draft functional separation undertaking to be given to Minister within 90 days
76(2) Draft functional separation undertaking to be given to Minister
Exemption from draft migration plan requirement under section 577A
Prohibition on requiring draft migration plan
76(3) Draft functional separation undertaking to be given to Minister
Minister may specify a period for purposes of paragraph (1)(b)
...specify a period for the purposes of paragraph (1)(b).
Knowledge representation of Minister's discretion
76(4) Draft functional separation undertaking to be given to Minister
Minister must specify period under subclause (3) unless certain conditions are met.
Minister has an obligation to specify period under subclause (3) unless certain conditions are met.
The period specified by the Minister overlaps with the period during which Telstra is preparing a draft migration plan.
(iii) that decision is expressed to be subject to the occurrence of one or more specified events within a specified period;
The Minister's obligation to specify period under subclause (3) repeats every time Telstra gives an undertaking under section 577A.
Minister must provide a draft functional separation undertaking to the Minister upon request.
(i) Telstra has given the ACCC an undertaking under section 577A;
70 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.74
70(5) Telecommunications Legislation Amendment (Competition and
Minister cannot revoke a subclause (3) instrument.
70(6) Telecommunications Legislation Amendment (Competition and
A period specified in a subclause (3) instrument may be a period ascertained wholly or partly by reference to the occurrence of a specified event.
70(6A) Telecommunications Legislation Amendment (Competition and
No procedural fairness requirements for subclause instrument making
Prohibits procedural fairness requirements
(6A) The Minister is not required to observe any requirements of procedural fairness...
...in relation to the making of a subclause (3) instrument.
Defines temporal overlap for 'subclause (3) instrument' creation
Defines repeated application for 'subclause (3) instrument' creation
Defines diffusion for 'subclause (3) instrument' creation
Defines recognition for 'subclause (3) instrument' creation
70(7) Telecommunications Legislation Amendment (Competition and
Minister has a duty to consider exercising power to make subclause instrument
70(8) Telecommunications Legislation Amendment (Competition and
70(9) Telecommunications Legislation Amendment (Competition and
An instrument under subclause (3) is not a legislative instrument.
(9) An instrument under subclause (3) is not a legislative instrument.
77 Approval of draft functional separation undertaking by Minister
77(1) Approval of draft functional separation undertaking by Minister
Approval of draft functional separation undertaking by Minister
77(2) Approval of draft functional separation undertaking by Minister
The Minister must approve the original undertaking by writing.
77(3) Approval of draft functional separation undertaking by Minister
Minister must consult with ACCC before making a decision on the original undertaking.
77(4) Approval of draft functional separation undertaking by Minister
Minister must give Telstra notice and invite submissions before approving varied undertaking.
Minister has a duty to give notice and invite submissions
72 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.76
72(5) Telecommunications Legislation Amendment (Competition and
Minister must consider Telstra's submissions before making a decision to approve the replacement undertaking.
Minister must consider Telstra's submissions.
The Minister is required to make a decision.
The Minister must consider Telstra's submissions.
Minister must give Telstra notice and invite submissions.
The Minister must give Telstra notice and invite submissions.
Submission period must be at least 14 days after notice is given.
The submission period must be at least 14 days after the notice is given.
Minister must consider submissions received from Telstra.
The Minister must consider submissions received from Telstra.
Minister must give notice and invite submissions.
The Minister must give notice and invite submissions.
72(6) Telecommunications Legislation Amendment (Competition and
The Minister may ask the ACCC for additional advice on a matter arising under this clause.
72(7) Telecommunications Legislation Amendment (Competition and
72(8) Telecommunications Legislation Amendment (Competition and
An instrument made under subclause (2) is not a legislative instrument.
Prohibition of making an instrument under subclause (2)
78 Time limit for making an approval decision
78(1) Time limit for making an approval decision
Defines time limit for making an approval decision
78(2) Time limit for making an approval decision
Must make a decision within 6 months after original undertaking was given to the Minister.
Must make a decision within a specified time frame.
(2) The Minister must use his or her best endeavours to make a decision under subclause 77(2)
within 6 months after the original undertaking was given to the Minister.
Temporal relation between the original undertaking and the deadline for making a decision.
The original undertaking was given to the Minister within 6 months of the specified deadline.
Implication of not meeting the deadline for making a decision.
If the Minister does not meet the deadline, then they have failed to fulfill their obligation.
Propagation of the obligation from the Minister to other parties.
The obligation to make a decision within 6 months is propagated to other parties affected by the original undertaking.
Knowledge representation of the provision as an obligation.
The provision is represented as an obligation in the knowledge base.
79 Effect of approval
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.77
79(1) Effect of approval
Minister must approve draft functional separation undertaking for it to become final.
79(2) Effect of approval
Final functional separation undertaking comes into force on a specific day.
79(3) Effect of approval
Cannot withdraw a final functional separation undertaking
79(4) Effect of approval
Final functional separation is not a legislative instrument.
80 Variation of final functional separation undertaking
80(1) Variation of final functional separation undertaking
Variation of final functional separation undertaking
80(2) Variation of final functional separation undertaking
Permission to vary the final functional separation undertaking
80(3) Variation of final functional separation undertaking
Duty to consider variation of final functional separation undertaking
80(4) Variation of final functional separation undertaking
Notice must be published and submissions invited before varying a final functional separation undertaking.
Obligation to publish notice and invite submissions
74 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.78
74(5) Telecommunications Legislation Amendment (Competition and
No minor nature variation is exempt from the general rule.
If a variation is minor, then it does not exempt from the general rule.
The concept of 'minor nature' is defined in terms of temporal intervals.
Definition of minor nature involves temporal intervals
Temporal intervals involved in definition of minor nature overlap with current variation
The concept of 'minor nature' is defined in terms of a temporal interval.
Definition of minor nature involves a temporal interval until which the variation must occur
(Minor nature) -> (Variation occurs before or at that time)
Definition of minor nature involves a temporal interval that diffuses into the current variation
(Minor nature) -> (Variation is affected by that time)
Definition of minor nature involves a temporal interval that the variation must involve
(Minor nature) -> (Variation involves that time)
74(6) Telecommunications Legislation Amendment (Competition and
Minister must give Telstra notice and consider submissions before making proposed variation.
74(7) Telecommunications Legislation Amendment (Competition and
Minister may ask ACCC for additional advice on a matter arising under the clause.
Minister has an obligation to ask ACCC for additional advice.
74(8) Telecommunications Legislation Amendment (Competition and
Notify Telstra of variation in final functional separation undertaking.
74(9) Telecommunications Legislation Amendment (Competition and
Variation of a final functional separation undertaking comes into force on the day after notice is given to Telstra.
74(10) Telecommunications Legislation Amendment (Competition and
Variation of a final functional separation undertaking is not a legislative instrument.
Prohibits variation of final functional separation undertaking as legislative instrument.
81 Publication of final functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.79
81(1) Publication of final functional separation undertaking
Make a copy of the final functional separation undertaking available on Telstra’s website.
Copy of the final functional separation undertaking
Telstra must make a copy of the undertaking available.
81(2) Publication of final functional separation undertaking
Make a copy of the varied final functional separation undertaking available on Telstra’s website.
82 Compliance with final functional separation undertaking
82(1) Compliance with final functional separation undertaking
Compliance with final functional separation undertaking
82(2) Compliance with final functional separation undertaking
Exemption from compliance with final functional separation undertaking
83 Simplified outline
76 Telecommunications Legislation Amendment (Competition and
Telstra must provide undertakings about structural separation, hybrid fibre-coaxial networks, and subscription television broadcasting licences.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.80
84 Control by Telstra of certain spectrum licences
84(1) Control by Telstra of certain spectrum licences
Telstra must not exercise control of the licence.
(a) the excluded spectrum regime applies to Telstra; and (b) a spectrum licence relates to a designated part of the spectrum;
Telstra must not be in a position to exercise control of the licence.
Prevents Telstra from exercising control over the licence
(1) If: (a) the excluded spectrum regime applies to Telstra; and (b) a spectrum licence relates to a designated part of the spectrum;
Prevents Telstra from exercising control over the licence for all time
84(2) Control by Telstra of certain spectrum licences
Exemption from control by Telstra for certain spectrum licences
84(3) Control by Telstra of certain spectrum licences
Telstra must provide a draft migration plan.
85 Use by Telstra of certain spectrum licences
Telstra must not supply a carriage service using a radiocommunications device.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.81
Implication from excluded spectrum regime
(a) the excluded spectrum regime applies to Telstra;
Artificial intelligence application for classification
78 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.82
78(2) Telecommunications Legislation Amendment (Competition and
78(3) Telecommunications Legislation Amendment (Competition and
86 Associate
86(1) Associate
An associate of Telstra in relation to control of a spectrum licence is defined.
another person who is an associate of Telstra under another paragraph
86(2) Associate
Persons are not associates if they do not act together in relevant dealings and one cannot exert influence over the other's business dealings.
(a) they do not act together in any relevant dealings relating to the spectrum licence
(b) neither of them is in a position to exert influence over the business dealings of the other in relation to the spectrum licence
87 Control
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.83
88 When Telstra is in a position to exercise control of a spectrum
Telstra cannot exercise control of a spectrum licence.
80 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.84
80(2) Telecommunications Legislation Amendment (Competition and
Employee cannot exercise control of spectrum licence solely because of employment.
Prohibition on exercising control due to employment
Employee is not in a position to exercise control
Cannot exercise control solely because of employment
80(3) Telecommunications Legislation Amendment (Competition and
Multiple persons may exercise control of a spectrum licence.
32 Subsection 4(1)
Defines Telstra as the same meaning as in the Telstra Corporation Act 1991.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.85
Defines a term with an obligation to provide its meaning.
Telstra has the same meaning as in the Telstra Corporation Act 1991.
Telstra means the entity defined by this subsection.
The definition of Telstra is provided in this subsection.
The definition of Telstra is provided in section 32(1).
33 At the end of section 151AJ
Exemption from anti-competitive conduct under specific circumstances.
Permission to engage in anti-competitive conduct under specific circumstances.
Section 577BA of the Telecommunications Act 1997
Conduct permitted during specific period or circumstances.
34 Subsection 151BTA(13) (definition of Telstra)
35 Section 151BUAAA
36 At the end of Part XIB
151CQ Voluntary undertakings given by Telstra
82 Telecommunications Legislation Amendment (Competition and
Commission must consider Telstra's conduct when performing functions or exercising powers under this Part.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.86
Commission must have regard to Telstra's conduct
37 Section 152AC
Defines final migration plan as same meaning as in Telecommunications Act 1997.
38 At the end of subsection 152AR(4)
Preventing Telstra from complying with undertakings under specified sections.
Prohibits Telstra from complying with undertakings.
Section 577A, 577C or 577E of the Telecommunications Act 1997
Telstra must not comply with undertakings.
Prevents Telstra from complying with undertakings under specified sections.
Section 38(2) of the Telecommunications Act 1997
Prohibition applies during specified periods.
Prohibition continues until Telstra complies with undertakings.
Prohibition is enforced through specified sections.
39 At the end of Part XIC
152ER Voluntary undertakings given by Telstra
152ER(1) Voluntary undertakings given by Telstra
Voluntary undertakings given by Telstra under specific sections of the Telecommunications Act 1997.
152ER(2) Voluntary undertakings given by Telstra
Commission must have regard to conduct relevant to Telstra's undertaking.
Telstra must comply with its undertaking.
152ER(3) Voluntary undertakings given by Telstra
Prevents Commission from preventing Telstra's compliance with the undertaking.
(3) The Commission must not perform a function, or exercise a power, under this Part so as to prevent Telstra from complying with the undertaking.
Prohibition on Commission's interference
40 Transitional—continuity of special Telstra directions
Continuity of special Telstra directions unaffected by repeal
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.87
41 Subsection 61(1)
42 Subsections 61(2), (3) and (4)
43 Section 61A
44 After subsection 69(6)
84 Telecommunications Legislation Amendment (Competition and
Exemption from subsection (1) for conditions in Part 9 of Schedule 1.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.88
45 Subsection 69A(1)
46 Section 69B
47 After subsection 70(3)
48 Paragraph 70(5)(ba)
49 Subsection 70(6)
50 Section 104
The ACMA may be directed to monitor and report on specified matters.
51 At the end of Part 5
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.89
105B Monitoring of compliance by Telstra with a final functional
105B(1) Monitoring of compliance by Telstra with a final functional
Telstra must monitor and report compliance with a final functional separation undertaking.
Obligation to monitor and report compliance
105B(2) Monitoring of compliance by Telstra with a final functional
The ACCC must give a report to the Minister after the end of the financial year.
105B(3) Monitoring of compliance by Telstra with a final functional
Minister must table a report in each House of Parliament within 15 sitting days.
52 After paragraph 564(3)(b)
Carrier licence condition set out in Part 9 of Schedule 1.
53 Subsection 564(3) (after note 2)
Inserts note 2A regarding functional separation of Telstra in Part 9 of Schedule 1.
54 After paragraph 571(3)(b)
55 Subsection 571(3) (after note 2)
56 Part 8 of Schedule 1
86 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.90
57 Division 14 of Part XIB
Repeal Division and substitute with new content.
151CP Functional separation for Telstra
151CP(1) Functional separation for Telstra
Commission must have regard to Telstra's conduct if a final functional separation undertaking is in force.
Temporal interval for Commission's obligation
This section applies if a final functional separation undertaking is in force under Part 9 of Schedule 1 to the Telecommunications Act 1997.
Commission's obligation implies Telstra's conduct
Classification of Commission's obligation as a cognitive action
151CP(2) Functional separation for Telstra
151CP(3) Functional separation for Telstra
Commission must not prevent Telstra from complying with its undertaking.
Commission cannot prevent Telstra from complying.
(3) The Commission must not perform a function...
...so as to prevent Telstra from complying with the undertaking.
Commission's action prevents Telstra from complying.
Commission's action must not prevent Telstra's compliance.
Commission's action differs from Telstra's compliance.
Telstra's undertaking is classified by Commission.
58 After section 152EP
58(1) After section 152EP
Defines independent telecommunications adjudicator as a company limited by guarantee and identified in a final functional separation undertaking.
58(2) After section 152EP
The Commission may assist the independent telecommunications adjudicator.
58(3) After section 152EP
Provision of information, advice, and resources
State has obligation to provide information, advice, and resources
59 Section 152EQ
Repeal section and substitute with new content.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.91
152EQ Functional separation for Telstra
152EQ(1) Functional separation for Telstra
152EQ(2) Functional separation for Telstra
152EQ(3) Functional separation for Telstra
Must not prevent Telstra from complying with the undertaking.
88 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.92
60 Subsection 61(1)
61 Subsections 61(2), (3) and (4)
62 Sections 61A, 69A and 69B
63 Paragraph 70(5)(ba)
64 Subsection 70(6)
64A Section 104
The ACCC must monitor and report on breaches by Telstra of an undertaking about structural separation.
The ACCC is required to monitor and report on breaches by Telstra of an undertaking about structural separation.
The ACCC MUST report on breaches by Telstra of an undertaking about structural separation.
Breach must occur after the commencement date
The ACCC must report on breaches by Telstra of an undertaking about structural separation that occurred after the commencement date.
Minister's direction is required to monitor and report on specified matters
The Minister MUST direct the ACCC to monitor and report on specified matters relating to the performance of carriers and carriage service providers.
The Minister MUST direct the ACCC to monitor and report on specified matters.
Minister's direction is required to report on specified matters
The Minister MUST direct the ACCC to report on specified matters relating to the performance of carriers and carriage service providers.
The Minister MUST direct the ACCC to report on specified matters.
64B At the end of Part 5
105C Monitoring of breaches by Telstra of an undertaking about
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.93
105C(1) Monitoring of breaches by Telstra of an undertaking about
Telstra must report breaches of an undertaking to the Minister.
105C(2) Monitoring of breaches by Telstra of an undertaking about
105C(3) Monitoring of breaches by Telstra of an undertaking about
65 Part 8 of Schedule 1
Repeal Part of Competition and Consumer Act 2010
Repeals Part of Competition and Consumer Act 2010
66 Division 14 of Part XIB
67 Section 152EQ
Repeal section and substitute with new provision
152EQ Assistance to independent telecommunications adjudicator
152EQ(1) Assistance to independent telecommunications adjudicator
The independent telecommunications adjudicator must be a company that meets certain conditions.
152EQ(2) Assistance to independent telecommunications adjudicator
Commission may assist independent telecommunications adjudicator
90 Telecommunications Legislation Amendment (Competition and
The provision of information, advice, and resources.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.94
68 Section 3 (paragraphs (a) and (b) of the definition of
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.95
69 At the end of section 16
Reference to Competition and Consumer Act is to the Act as in force before Division 1 commencement
70 After section 62
62A Condition of carrier licence set out in section 152BCO of the
Carrier licence subject to condition set out in section 152BCO of the Competition and Consumer Act 2010.
Carrier licence is subject to a condition.
92 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.96
62B Condition of carrier licence set out in section 152BDF of the
Carrier licence subject to condition set out in section 152BDF of the Competition and Consumer Act 2010.
62C Condition of carrier licence set out in section 152BEC of the
Carrier licence subject to condition set out in section 152BEC.
71 Subsection 69(6)
72 Subsection 69(6) (note)
Repeal a note and substitute with new text
The text states 'Repeal the note, substitute'
73 After subsection 69(7)
73(7A) After subsection 69(7)
Exemption from subsection 69(7) for section 152BCO of the Competition and Consumer Act 2010.
Exempts subsection 69(7) for section 152BCO.
Section 152BCO of the Competition and Consumer Act 2010 deals with access determinations.
Subsection 69(7) does not apply to this exemption.
Defines a temporal interval for exemption from subsection 69(7).
Subsection (1) does not apply to the condition set out in section 152BCO of the Competition and Consumer Act 2010.
Establishes a recurring trace for exemption from subsection 69(7).
Diffuses the exemption from subsection 69(7) for section 152BCO.
Recognizes the exemption from subsection 69(7) for section 152BCO.
73(7B) After subsection 69(7)
Exemption from subsection 69(7) for section 152BDF of the Competition and Consumer Act 2010.
Exempts subsection 69(7) for section 152BDF of the Competition and Consumer Act 2010.
Section 152BDF of the Competition and Consumer Act 2010 deals with binding rules of conduct.
Subsection 69(7) does not apply to this condition.
Defines a temporal interval for subsection 69(7) that excludes section 152BDF of the Competition and Consumer Act 2010.
This exemption applies within this temporal interval.
Defines a recurring trace for subsection 69(7) that excludes section 152BDF of the Competition and Consumer Act 2010.
This exemption applies within this recurring trace.
Diffuses the effect of subsection 69(7) for section 152BDF of the Competition and Consumer Act 2010.
This exemption diffuses the effect of subsection 69(7).
Classifies section 152BDF of the Competition and Consumer Act 2010 as a binding rule of conduct.
This exemption applies to this classification.
73(7C) After subsection 69(7)
74 After section 69
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.97
69AA Remedial directions—breach of conditions relating to access
69AA(1) Remedial directions—breach of conditions relating to access
Carrier must comply with conditions of licence if contravening them.
Carrier has a duty to comply with conditions of licence.
69AA(2) Remedial directions—breach of conditions relating to access
The ACCC may give a written direction requiring the carrier to take specified action.
69AA(3) Remedial directions—breach of conditions relating to access
Examples of direction that may be given to a carrier under subsection (2)
Direction that may be given to a carrier
69AA(4) Remedial directions—breach of conditions relating to access
Preventing ACCC from giving a direction that would prevent Telstra from complying with an undertaking.
direction would prevent Telstra from complying with an undertaking
69AA(5) Remedial directions—breach of conditions relating to access
Carrier must not contravene a direction under subsection (2).
(5) A carrier must not contravene a direction under subsection (2).
69AA(6) Remedial directions—breach of conditions relating to access
A direction under subsection (2) is not a legislative instrument.
(6) A direction under subsection (2) is not a legislative instrument.
94 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.98
75 Subsection 70(3)
76 Subsection 70(3) (note)
Repeal a note and substitute it with a new one.
Identify the temporal interval of the repeal note.
The repeal note had a specific temporal interval.
77 After subsection 70(4)
77(4A) After subsection 70(4)
Exemption from subsection 70(4) for section 152BCO of the Competition and Consumer Act 2010.
Exempts subsection 70(4) from section 152BCO of the Competition and Consumer Act 2010.
Subsection 70(4) does not apply to section 152BCO of the Competition and Consumer Act 2010.
Establishes a temporal relation between subsection 70(4) and section 152BCO of the Competition and Consumer Act 2010.
The temporal relation between subsection 70(4) and section 152BCO of the Competition and Consumer Act 2010 is one of exemption.
Establishes a recurring trace between subsection 70(4) and section 152BCO of the Competition and Consumer Act 2010.
The recurring trace between subsection 70(4) and section 152BCO of the Competition and Consumer Act 2010 is one of exemption.
Diffuses the applicability of subsection 70(4) to section 152BCO of the Competition and Consumer Act 2010.
The applicability of subsection 70(4) is diffused to section 152BCO of the Competition and Consumer Act 2010.
Classifies section 152BCO of the Competition and Consumer Act 2010 as a regulatory provision.
Section 152BCO of the Competition and Consumer Act 2010 is a regulatory provision.
77(4B) After subsection 70(4)
Exemption from subsection 70(4) for section 152BDF of the Competition and Consumer Act 2010.
Exempts subsection 70(4) from section 152BDF of the Competition and Consumer Act 2010.
Subsection 70(4) does not apply to this condition.
Defines a temporal interval for the exemption from subsection 70(4).
Subsection (1) does not apply to the condition set out in section 152BDF of the Competition and Consumer Act 2010.
The exemption applies within this temporal interval.
Defines a recurring trace for the exemption from subsection 70(4).
The exemption applies within this recurring trace.
Represents knowledge about the exemption from subsection 70(4).
This exemption is represented by this rule.
Defines a schema for the exemption from subsection 70(4).
77(4C) After subsection 70(4)
Exemption from subsection 70(4) for access agreements under section 152BEC.
Section 152BEC provides an exemption from subsection 70(4)
Subsection 70(4) does not apply to access agreements under section 152BEC
Access agreements under section 152BEC are exempt from subsection 70(4)
78 Paragraph 70(5)(b)
79 At the end of subsection 70(5)
Adds conditions from sections 152BCO, 152BDF, and 152BEC of the Competition and Consumer Act 2010.
Describes the nature of added conditions.
80 At the end of section 98
80(3) At the end of section 98
Compliance with access determinations is required for carriage service providers.
Obligation to comply with access determinations.
80(4) At the end of section 98
Compliance with binding rules of conduct is required.
Obligation to comply with rules of conduct.
80(5) At the end of section 98
Mention of a rule from another Act as a service provider rule for this Act.
Mention of a rule from another Act as an obligation.
It is an obligation to follow this rule.
81 After subsection 102(6)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.99
81(6A) After subsection 102(6)
Exempts subsection (1) from applying to the rule set out in subsection 152BCP(2)
81(6B) After subsection 102(6)
Exempts subsection 152BDG(2) of the Competition and Consumer Act 2010 from a rule.
Imposes an obligation on carriage service providers.
Carriage service providers must comply with binding rules of conduct.
81(6C) After subsection 102(6)
Exempts subsection 152BED(2) of the Competition and Consumer Act 2010 from subsection 102(6)
Defines the temporal interval for the exemption
Subsection 152BED(2) is exempted from subsection 102(6)
The exemption applies to a specific temporal interval
Classifies the exemption as a prohibition on applying subsection 102(6)
The exemption prohibits applying subsection 102(6)
Validates the exemption against a schema
82 After subsection 103(3)
96 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.100
96(3A) Telecommunications Legislation Amendment (Competition and
96(3B) Telecommunications Legislation Amendment (Competition and
Must comply with binding rules of conduct
96(3C) Telecommunications Legislation Amendment (Competition and
Exempts access agreements from subsection (1)
83 After subsection 103(4)
83(4A) After subsection 103(4)
Issuing a formal warning for contravening the service provider rule set.
83(4B) After subsection 103(4)
83(4C) After subsection 103(4)
Formal warning for contravening service provider rule set
Prohibits issuing formal warnings for contravening service provider rule set
(4C) The ACCC may issue a formal warning...
...contravenes the service provider rule set out in subsection 152BED(2)
Defines temporal interval for issuing formal warnings
...if a person contravenes the service provider rule set out in subsection 152BED(2)
Establishes recurring trace for issuing formal warnings
Diffuses information about formal warnings for service provider rule set violations
Implies consequences for issuing formal warnings for service provider rule set violations
84 After section 505
505A ACCC may use material presented to a previous public
505A(1) ACCC may use material presented to a previous public
The ACCC may use material presented to a previous public inquiry.
505A(2) ACCC may use material presented to a previous public
Treat evidence/material as if presented to another public inquiry
ACCC must treat evidence/material as if presented to another public inquiry
505A(3) ACCC may use material presented to a previous public
No implication that limits information use for public inquiries
505B ACCC may adopt a finding from a previous public inquiry
ACCC may adopt a finding from a previous public inquiry
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.101
85 Paragraph 564(3)(b)
Omit or substitute specific words in a provision.
98 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.102
86 At the end of subsection 564(3) (before the notes)
Membership in the list is a necessary condition for carrier licence
The conditions listed are requirements for carrier licence
If a condition is in the list, then the carrier licence is required
The conditions listed must be met during the validity period of the carrier licence
The carrier licence has a validity period
If the carrier licence is valid, then all conditions in the list must be met during that time
All conditions listed must be met simultaneously for carrier licence to be granted
If all conditions in the list are met, then the carrier licence is granted
The conditions listed have a specific value or meaning
If a condition in the list has a specific value, then it is a requirement for carrier licence
The conditions listed have a validity period or scope
If the conditions in the list have a validity period, then they must be met within that time
87 Subsection 564(3) (note 2)
Repeal note and substitute with new text
88 At the end of subsection 564(3) (after the notes)
Notes on access determinations, binding rules of conduct, and access agreements under the Competition and Consumer Act 2010.
89 Paragraph 571(3)(b)
90 At the end of subsection 571(3) (before the notes)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.103
91 Subsection 571(3) (note 2)
92 At the end of subsection 571(3) (after the notes)
93 After subclause 17(2) of Schedule 1
100 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.104
100(2A) Telecommunications Legislation Amendment (Competition and
No obligation imposed under certain conditions
100(2B) Telecommunications Legislation Amendment (Competition and
Right to request contingent provisions come into force if condition precedent is satisfied.
The state has a contractual obligation to fulfill contingent provisions.
If the condition precedent is satisfied, the contingent provisions come into force.
Describes the implication of the request on the contract.
The person requests that the contingent provisions come into force if the condition precedent is satisfied.
Describes the temporal relationship between the request and the fulfillment of the contingent provisions.
The request is made at a time when the condition precedent has not been satisfied.
Describes the logical connection between the request and the fulfillment of the contingent provisions.
Describes the spread of information about the request and its implications.
94 After subclause 17(4) of Schedule 1
NBN corporation is not the operator of facilities if agreement with Telstra would result in that.
Asserts that NBN corporation is not the operator of facilities under certain conditions.
Agreement with Telstra would result in NBN corporation being the operator of facilities.
NBN corporation is taken not to be the operator of facilities.
95 At the end of clause 17 of Schedule 1
Defines NBN corporation as having the same meaning as in section 577BA.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.105
NBN corporation has the same meaning as in section 577BA.
96 At the end of clause 18 of Schedule 1
96(6) At the end of clause 18 of Schedule 1
Prevent arbitrators from making determinations that would prevent Telstra from complying with certain undertakings.
Prohibition of making determinations that would prevent Telstra from complying with undertakings.
(6) An arbitrator must not make a determination under this clause if...
...would have the effect of: (a) preventing Telstra from complying with an undertaking in force under section 577A, 577C or 577E;
The determination must overlap with Telstra's compliance with undertakings.
The determination must be recurrently related to Telstra's compliance with undertakings.
The determination must diffuse to Telstra's compliance with undertakings.
The determination implies that Telstra's compliance with undertakings is necessary.
96(7) At the end of clause 18 of Schedule 1
Agreement overrides clause determination
(a) agreement mentioned in paragraph (1)(a) is in force
(determination under this clause has no effect to the extent to which it is inconsistent with the agreement)
Agreement and clause determination overlap in time
(a) an agreement mentioned in paragraph (1)(a) is in force
determination under this clause has no effect to the extent to which it is inconsistent with the agreement
Agreement and clause determination have recurring trace
Agreement diffuses into clause determination
Agreement incorporates into clause determination
97 Clause 31 of Schedule 1
98 Subclause 33(3) of Schedule 1
99 Subclause 33(4) of Schedule 1
100 After subclause 33(4) of Schedule 1
102 Telecommunications Legislation Amendment (Competition and
Consultation with ACMA before issuing a certificate
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.106
The ACCC must consult the ACMA before issuing a certificate.
The consultation with ACMA is obligatory.
The consultation with ACMA must occur before issuing a certificate.
The temporal interval for the consultation is between the issuance of the certificate and the consultation itself.
Implication of consultation on certification process
If the ACCC consults with ACMA, then it is more likely that a certificate will be issued.
The consultation with ACMA implies a higher likelihood of certification.
The obligation to consult ACMA spreads to other parties involved in the certification process.
Other parties must also consult with ACMA before issuing a certificate.
Requiring consultation as a condition for certification
The consultation with ACMA is required as a condition for the ACCC to issue a certificate.
The consultation with ACMA is necessary for the ACCC to fulfill its duty.
101 Subclause 33(5) of Schedule 1
102 At the end of clause 33 of Schedule 1
102(6) At the end of clause 33 of Schedule 1
Exemption from obligation under certain conditions
(6) Subclause (1) does not impose an obligation to the extent...
Subclause (1) does not impose an obligation under certain conditions.
Temporal relationship between exemptions and obligations
The exemption applies during certain conditions.
The exemption applies until certain conditions are met.
Conditional relationship between exemptions and obligations
The exemption applies if certain conditions are met.
Classification of exemptions as obligations
Subclause (1) is classified as an exemption from obligation.
102(7) At the end of clause 33 of Schedule 1
If a condition precedent has not been satisfied, the person may have a right under the contingent provisions.
102(8) At the end of clause 33 of Schedule 1
NBN corporation is not the operator of a telecommunications transmission tower under an agreement with Telstra.
Duty to not be the operator of a telecommunications transmission tower.
(8) For the purposes of subclause (1), if: (a) there is an agreement in force between Telstra and an NBN corporation; and
the NBN corporation is taken not to be the operator of the telecommunications transmission tower.
The agreement with Telstra overlaps with the NBN corporation's access to a telecommunications transmission tower.
The agreement with Telstra recurrently affects the NBN corporation's access to a telecommunications transmission tower.
The agreement with Telstra diffuses responsibility for the operation of a telecommunications transmission tower.
The CogAI system recognizes that the agreement with Telstra affects the operation of a telecommunications transmission tower.
103 Subclause 34(3) of Schedule 1
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.107
Prohibits the ACMA stating a certain phrase
104 Subclause 34(4) of Schedule 1
105 After subclause 34(4) of Schedule 1
Consult ACMA before issuing a certificate
106 Subclause 34(5) of Schedule 1
107 At the end of clause 34 of Schedule 1
Exempts Telstra from obligations under specific conditions
...(a) depriving any person of a right under a contract that was in force at the time the request was made;
Defines temporal interval for exemptions
...if a final migration plan is in force—requiring Telstra to engage in conduct in connection with matters covered by the final migration plan.
104 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.108
104(7) Telecommunications Legislation Amendment (Competition and
Right to request contract provision to come into force if condition precedent is satisfied.
(7) If, at the time the request was made:...
...the person would have a right under the contingent provisions;
Temporal overlap between request and condition precedent.
...the possibility that the condition precedent could become satisfied;
Temporal relationship between request and condition precedent.
...the contingent provisions would come into force;
Request to modify contract provision is permitted.
...the person had the right under the contingent provisions;
Request to modify contract provision implies right to do so.
104(8) Telecommunications Legislation Amendment (Competition and
NBN corporation is prohibited from being the occupier or controller of the site.
Prohibits NBN corporation from occupying or controlling the site.
NBN corporation has a right to use the site.
NBN corporation is prohibited from occupying or controlling the site.
NBN corporation's access to the site overlaps with Telstra's right to use the site.
NBN corporation's access to the site is recurring and overlaps with Telstra's right to use the site.
Diffuses NBN corporation's access to the site through Telstra's right to use the site.
NBN corporation's access to the site is diffused through Telstra's right to use the site.
Classifies NBN corporation's access to the site as prohibited by CogAI.
NBN corporation's access to the site is classified as prohibited by CogAI.
108 Subclause 35(3) of Schedule 1
Omit specific phrase from ACMA statement.
109 Subclause 35(4) of Schedule 1
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.109
Imposes a duty on the legislative body to substitute ACCC for ACMA
110 After subclause 35(4) of Schedule 1
ACMA must be consulted before issuing a certificate
Consultation is a prerequisite for issuing a certificate
Issuing a certificate requires consultation with ACMA
Consultation is a necessary condition for issuing a certificate
111 Subclause 35(5) of Schedule 1
112 At the end of clause 35 of Schedule 1
112(6) At the end of clause 35 of Schedule 1
112(7) At the end of clause 35 of Schedule 1
Right to claim contingent provisions if condition precedent is satisfied
Assuming the condition precedent had been satisfied
The person would have a right under the contingent provisions
Condition precedent must be satisfied before contingent provisions take effect
If the condition precedent had been satisfied
Condition precedent must be met for contingent provisions to take effect
Assuming that the condition precedent had been satisfied
Condition precedent is necessary and sufficient for contingent provisions to take effect
Condition precedent implies contingent provisions taking effect
106 Telecommunications Legislation Amendment (Competition and
The NBN corporation is taken to not be the operator of an eligible underground facility under certain agreements.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.110
113 At the end of clause 36 of Schedule 1
113(7) At the end of clause 36 of Schedule 1
(7) An arbitrator must not make a determination under this clause if...
...would have the effect of: preventing Telstra from complying with an undertaking in force under section 577A, 577C or 577E;
Identifies the temporal interval during which arbitrators must not make determinations that would prevent Telstra from complying with undertakings.
Identifies the argument that prohibits making determinations that would prevent Telstra from complying with undertakings.
113(8) At the end of clause 36 of Schedule 1
114 Section 152AA
Carrier must not prevent or hinder standard access obligation.
Preventing or hindering a standard access obligation is prohibited.
The Commission may conduct an arbitration of a dispute about access to declared services.
The provision overlaps with the Allen interval of 'If agreement cannot be reached, but no access undertaking is in operation'.
A carrier must not prevent or hinder the fulfilment of a standard access obligation.
108 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.112
115 Section 152AC
access agreement has the meaning given by section 152BE.
116 Section 152AC
117 Section 152AC (definition of access undertaking)
Omit “an ordinary access undertaking or”.
118 Section 152AC
119 Section 152AC
120 Section 152AC
121 Section 152AC
122 Section 152AC
Definition of interim access determination
123 Section 152AC (definition of ordinary access
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.113
124 Section 152AC (definition of telecommunications access
Repeal definition of telecommunications access code
125 Section 152AC
126 At the end of section 152AF
Anything done by a carrier or provider in fulfillment of the requirement is taken to be an aspect of access to a declared service.
127 After section 152AH
152AI When public inquiry commences
Public inquiry commences when notice is published.
128 Subsection 152ALA(2)
Repeal subsection, substitute with new provision
110 Telecommunications Legislation Amendment (Competition and
The Commission must consider a relevant matter when determining the expiry date of a declaration.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.114
The Commission must consider a relevant matter.
129 After subsection 152ALA(6)
Fresh declaration replaces expired declaration if it comes into force immediately after expiry.
130 Paragraph 152ALA(7)(a)
Substitute 18-month for 12-month in subsection heading.
131 After subparagraph 152ALA(7)(a)(v)
132 Subsection 152AM(3)
Commission does not have a duty to consider public inquiry upon request.
133 Subsection 152AQ(3)
134 Subsections 152AQ(4), (5) and (6)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.115
134(4) Subsections 152AQ(4), (5) and (6)
The Register must be made available for inspection on the Commission's website.
134(5) Subsections 152AQ(4), (5) and (6)
The Register is not a legislative instrument.
135 Sections 152AQA and 152AQB
136 Subsection 152AR(12) (definition of pre-request right)
137 Section 152AS
138 After subsection 152ASA(1)
Service or proposed service cannot be specified in a determination if it is declared.
139 After subsection 152ASA(2)
139(2A) After subsection 152ASA(2)
Determination must not be varied except in specified circumstances.
139(2B) After subsection 152ASA(2)
Determination must not be revoked under certain circumstances.
(2B) A determination under this section may provide that the determination must not be revoked;
Determination can be revoked under certain circumstances.
(2B) A determination under this section may provide that the determination must be revoked except in such circumstances as are specified in the determination;
Defines temporal interval for revocation of a determination.
Defines temporal trace for revocation of a determination.
112 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.116
140 Subsection 152ASA(8)
Omit all words from and including 'Commission'
Prohibits making a fresh determination under this section
141 After subsection 152ASA(11)
141(11A) After subsection 152ASA(11)
Applicability of Acts Interpretation Act 1901 to Commission's power
141(11B) After subsection 152ASA(11)
(11B) A provision referred to in paragraph (2A)(a) or (b) or (2B)(a) or (b)
between the provisions referred to in paragraph (2A)(a) or (b) or (2B)(a) or (b)
Temporal interval until variation or removal
until the provisions referred to in paragraph (2A)(a) or (b) or (2B)(a) or (b) are varied or removed
diffuses the prohibition on variation or removal
asserts the prohibition on variation or removal
141(11C) After subsection 152ASA(11)
No variation or revocation of a determination is allowed unless consistent with certain provisions.
(11C) A determination under this section must not be varied or revoked in a manner that is inconsistent with a provision referred to in paragraph (2A)(a) or (b) or (2B)(a) or (b).
142 Subsection 152ASA(12)
Repeal of a legislative instrument determination
Prohibition of legislative instrument determinations
143 Subsection 152ASA(13) (note)
144 Section 152AT
145 After subsection 152ATA(3)
Service or proposed service cannot be specified in an order if it is a declared service.
Service or proposed service is a declared service.
146 After subsection 152ATA(4)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.117
146(4A) After subsection 152ATA(4)
Order must not be varied except in specified circumstances.
may: (a) provide that the order must not be varied; or (b) provide that the order must not be varied except in such circumstances as are specified in the order.
Describes temporal overlap of variation prohibition
Describes temporal relationship of variation prohibition
Describes diffusion of variation prohibition
Describes recognition of variation prohibition
146(4B) After subsection 152ATA(4)
Order must not be revoked except in specified circumstances.
must not be revoked except in such circumstances as are specified in the order.
Describes temporal relationship between revocation and order
except in such circumstances as are specified in the order
147 After subsection 152ATA(6)
Commission may refuse to consider subsequent application if grounds are materially similar.
148 Subsection 152ATA(10)
Prohibits making a fresh order under paragraph (3)(a)
114 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.118
149 After subsection 152ATA(16)
149(16A) After subsection 152ATA(16)
Applying Acts Interpretation Act 1901 to Commission's power
149(16B) After subsection 152ATA(16)
Cannot be varied or removed after certain subsections
(16B) A provision referred to in paragraph (4A)(a) or (b) or (4B)(a) or (b)
Implication of subsections on provisions
149(16C) After subsection 152ATA(16)
Order variation or revocation must be consistent with certain provisions.
Prohibition of order variation or revocation.
must not be varied or revoked in a manner that is inconsistent with...
...must not be varied or revoked in a manner that is inconsistent with...
150 Subsection 152ATA(18) (note)
151 Subsection 152AU(1)
152 Sections 152AV to 152AX
153 Subsection 152AXA(1)
154 Paragraph 152AXA(1)(a)
155 Subsection 152AXA(2)
156 Section 152AY
Repeal section and substitute with ComLaw Authoritative Act C2012C00891
152AY Compliance with standard access obligations
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.119
152AY(1) Compliance with standard access obligations
Carrier or carriage service provider must comply with standard access obligations.
152AY(2) Compliance with standard access obligations
Carrier or carriage service provider must comply with obligations regarding access agreements, undertakings, and binding rules of conduct.
Carrier or carriage service provider must comply with obligations.
116 Telecommunications Legislation Amendment (Competition and
Commission may make binding rules of conduct if urgent need exists.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.120
157 Paragraph 152BBAA(1)(a)
158 Paragraph 152BBAA(1)(b)
159 Subsection 152BBC(5)
160 Division 4 of Part XIC
152BC Access determinations
152BC(1) Access determinations
Commission may make a written determination relating to access to a declared service.
152BC(2) Access determinations
A determination under subsection (1) must be known as an access determination.
Must provide a name for the access determination.
152BC(3) Access determinations
Specify terms and conditions for carrier or provider compliance with standard access obligations.
Requires a carrier or provider to comply with specified terms and conditions.
Specifies terms and conditions for carrier or provider compliance.
(3) An access determination may: (a) specify any or all of the terms and conditions on which a carrier or carriage service provider is to comply with any or all of the standard access obligations applicable to the carrier or provider;
Requires a carrier or provider to extend or enhance capability within a specified timeframe.
(d) require a carrier or carriage service provider to extend or enhance the capability of a facility by means of which the declared service is supplied;
Requires a carrier or provider to pay for access to the declared service.
(g) require access seekers to accept, and pay for, access to the declared service;
Requires a carrier or provider to comply with specified obligations.
(i) unconditionally; or (ii) subject to such conditions or limitations as are specified in the determination;
152BC(4) Access determinations
Subsection (3) does not limit subsection (1).
Subsection (3) implies no limit on subsection (1)
152BC(5) Access determinations
May make different provision with respect to carriers or carriage service providers.
152BC(6) Access determinations
Does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
152BC(7) Access determinations
Commission may perform functions and exercise powers under an access determination.
118 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.122
118(8) Telecommunications Legislation Amendment (Competition and
Terms and conditions must include price or method of ascertaining price
Obligation to include price or method of ascertaining price
118(9) Telecommunications Legislation Amendment (Competition and
Matters that the Commission must take into account when making access determinations.
The Commission must take into account...
118(1) Telecommunications Legislation Amendment (Competition and
Commission must consider various factors when making an access determination. Prevents Commission from making access determinations with certain effects.
Commission has a duty to consider various factors.
Prevents Commission from making access determinations with certain effects.
(1) The Commission must not make an access determination that...
...would have any of the following effects:
Defines temporal interval for access seeker's request.
Defines recurring trace for carrier's or provider's requirements.
(b) preventing a carrier or carriage service provider from...
...obtaining a sufficient amount of the service to be able to meet the carrier’s or provider’s reasonably anticipated requirements,
Diffuses access seeker's request for access.
(a) preventing a service provider who already has access to...
...obtaining a sufficient amount of the service to be able to meet the service provider’s reasonably anticipated requirements,
118(2) Telecommunications Legislation Amendment (Competition and
Commission may take into account characteristics, costs, revenues, and demand of other eligible services when making access determination.
118(3) Telecommunications Legislation Amendment (Competition and
Commission may consider other relevant matters
118(4) Telecommunications Legislation Amendment (Competition and
Section does not apply to interim access determination.
118(5) Telecommunications Legislation Amendment (Competition and
120 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.124
120(2) Telecommunications Legislation Amendment (Competition and
Determination must provide a nominal termination date for fixed principles provision. Grounds for believing access seeker is not creditworthy or has repeated failures to comply with terms and conditions.
Must provide a nominal termination date.
Prohibits grounds for believing access seeker is not creditworthy or has repeated failures to comply with terms and conditions.
(2) Examples of grounds for believing as mentioned in subparagraph (1)(g)(i)
Overlaps with repeated failures by the access seeker to comply with terms and conditions.
120(3) Telecommunications Legislation Amendment (Competition and
Must not make an access determination inconsistent with standard access obligations.
Prohibits making an access determination inconsistent with standard access obligations.
120(3A) Telecommunications Legislation Amendment (Competition and
Commission cannot make access determination that would require Telstra to engage in conduct covered by final migration plan.
120(4) Telecommunications Legislation Amendment (Competition and
Compensation for deprivation of pre-determination right
120(5) Telecommunications Legislation Amendment (Competition and
An access determination is of no effect to the extent it contravenes subsections (1), (3), or (3A).
120(6) Telecommunications Legislation Amendment (Competition and
Definition of pre-determination right and protected contractual right.
Definition of pre-determination right implies a duty to comply with access determination
120(1) Telecommunications Legislation Amendment (Competition and
An access determination may include a provision that is specified to be a fixed principles provision.
Inclusion of a provision in an access determination.
122 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.126
122(3) Telecommunications Legislation Amendment (Competition and
Replacement access determination must include fixed principles provision with same terms as previous access determination.
122(4) Telecommunications Legislation Amendment (Competition and
Fixed principles provision ceases to be in force when access determination ceases.
122(5) Telecommunications Legislation Amendment (Competition and
Access determination must not be varied to alter or remove fixed principles provision.
122(1) Telecommunications Legislation Amendment (Competition and
Access determination comes into force on specified day and ceases to be in force on expiry date.
122(2) Telecommunications Legislation Amendment (Competition and
Conditional commencement of determination
124 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.128
124(2A) Telecommunications Legislation Amendment (Competition and
124(3) Telecommunications Legislation Amendment (Competition and
Must not be earlier than the day on which the declaration came into force.
124(3A) Telecommunications Legislation Amendment (Competition and
Cannot be earlier than the day the service became a declared service
Cannot be earlier than the specified day
(3A) If the declared service is covered by subsection 152AL(7), the specified day must not be earlier than the day on which the service became a declared service under that subsection.
Specified day before the day the service became a declared service
124(4) Telecommunications Legislation Amendment (Competition and
If a previous access determination expires, the specified day must be the first day after its expiry.
The specified day must be the first day after the expiry of the previous access determination.
124(4A) Telecommunications Legislation Amendment (Competition and
Conditional commencement of access determination
124(5) Telecommunications Legislation Amendment (Competition and
Expiry date for access determination must be specified.
124(6) Telecommunications Legislation Amendment (Competition and
The Commission must have regard to certain matters when specifying an expiry date for an access determination.
The Commission must have regard to certain matters.
124(7) Telecommunications Legislation Amendment (Competition and
Commission can make a fresh access determination under section 152BC in the same terms as the expired access determination.
124(8) Telecommunications Legislation Amendment (Competition and
Access determination revoked upon declaration cessation
...the access determination is taken to be revoked...
Revocation occurs at declaration cessation time
(b) the declared service is covered by a declaration under section 152AL,
...and the Commission does not make a fresh declaration...
(c) the Commission does not make a fresh declaration under section 152AL that replaces the declaration referred to in paragraph (b) of this subsection;
Revocation spreads through declaration cessation
(a) an access determination relating to access to a declared service is in force;
...and the declaration ceases to be in force;
Revocation inference from declaration cessation
124(9) Telecommunications Legislation Amendment (Competition and
Access determination revoked upon declaration revocation
Prohibits access determination revocation upon declaration revocation
(9) If an access determination relating to access to a declared service is in force; and the declared service is covered by a declaration under section 152AL, and the declaration is revoked; and the Commission does not make a fresh declaration under section 152AL that replaces the declaration referred to in paragraph (b) of this subsection;
the access determination is taken to be revoked at the time of the revocation of the declaration
Describes a temporal relationship between declarations and access determinations
(9) If an access determination relating to access to a declared service is in force; and the declared service is covered by a declaration under section 152AL, and the declaration is revoked;
Describes a relationship between declarations and access determinations
124(9A) Telecommunications Legislation Amendment (Competition and
Prohibition on access to declared service while interim access determination is in force
(9A) If: an interim access determination relating to access to a declared service is in force; and
Specifies the temporal interval for prohibition
Specifies the temporal interval for prohibition using LTL
Specifies the temporal interval for prohibition using diffusion
Specifies the temporal interval for prohibition using CogAI
126 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.130
126(10) Telecommunications Legislation Amendment (Competition and
Commission may declare new expiry date for original access determination.
126(11) Telecommunications Legislation Amendment (Competition and
Publish a declaration on the Commission's website.
126(12) Telecommunications Legislation Amendment (Competition and
Commission may extend expiry date for access determination by same period
126(13) Telecommunications Legislation Amendment (Competition and
Commission must publish instrument on website.
The Commission must publish an instrument.
126(14) Telecommunications Legislation Amendment (Competition and
No procedural fairness requirements for Commission decisions under subsections (10) or (12)
Prohibits procedural fairness requirements for Commission decisions
126(15) Telecommunications Legislation Amendment (Competition and
A declaration under subsection (10) is not a legislative instrument.
Declaring something as not an instrument is a prohibition.
126(16) Telecommunications Legislation Amendment (Competition and
An instrument under subsection (12) is not a legislative instrument.
126(1) Telecommunications Legislation Amendment (Competition and
Commission must make interim access determination if certain conditions are met.
Obligation to make interim access determination.
Commission makes a declaration under section 152AL after the commencement of this section.
Commission must make an interim access determination in relation to access to the service.
Commission has commenced to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination in relation to access to the declared service.
The Commission has commenced to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination in relation to access to the declared service;
The public inquiry has started before the declaration was made.
Commission considers there is an urgent need to make an access determination in relation to access to the service before the completion of the public inquiry;
(d) either: (i) the Commission considers that it is unlikely that a final access determination in relation to access to the service will be made within 6 months after the commencement of the public inquiry; or (ii) the Commission considers that there is an urgent need to make an access determination in relation to access to the service before the completion of the public inquiry;
The public inquiry must end before the interim access determination can be made.
Commission considers it is unlikely that a final access determination in relation to access to the service will be made within 6 months after the commencement of the public inquiry.
The interim access determination must be made.
126(2) Telecommunications Legislation Amendment (Competition and
Commission may make interim access determination if declaration is in force and no previous access determination has been made.
126(3) Telecommunications Legislation Amendment (Competition and
Conditional commencement of interim access determination
128 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.132
128(4) Telecommunications Legislation Amendment (Competition and
Commission not required to observe procedural fairness in making interim access determination Conditional effect of subsection (3)
Prohibition of procedural fairness requirement
128(5) Telecommunications Legislation Amendment (Competition and
If a declaration is in force under section 152AL and an access determination has previously been made, the entity must comply with the access determination. Commission must not make an interim access determination without following this section.
Declaration is in force under section 152AL
Access determination has previously been made
Prohibition of making interim access determinations without following this section.
128(1) Telecommunications Legislation Amendment (Competition and
Commission must not make access determination without public inquiry and report Commission must hold a public inquiry within 30 days after declaration. Exempts Commission decisions from certain judicial review provisions.
Prohibition of making access determination
(a) the Commission has held a public inquiry...
...the Commission must not make an access determination
Report must be published within 180 days of determination
(c) the report was published during the 180-day period...
Commission can only make access determination if conditions are met
Commission's action is conditional on meeting requirements
(b) the Commission has prepared a report...
Prohibits application of certain provisions to Commission decisions.
128(2) Telecommunications Legislation Amendment (Competition and
Exempts interim access determination from subsection (1) Commission must hold a public inquiry about access to declared service. Court must not make orders staying or otherwise affecting the operation or implementation of the decision pending finalisation of the application.
Court cannot make orders staying or otherwise affecting the operation or implementation of the decision.
Subsection 39B(1) of the Judiciary Act 1903
The provision overlaps with other provisions related to access determinations and public inquiries
The provision repeats a similar provision in another part of the legislation
The provision diffuses information about access determinations and public inquiries
The provision recognizes the importance of access determinations and public inquiries in the legislation
128(3) Telecommunications Legislation Amendment (Competition and
Conditional commencement Commission must hold a public inquiry about access to declared service.
130 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.134
130(6) Telecommunications Legislation Amendment (Competition and
Commission may defer public inquiry about access determination until declaration expiry date is extended or further extended.
130(7) Telecommunications Legislation Amendment (Competition and
Commission not required to hold public inquiry about access determination.
the Commission is not required to hold a public inquiry...
Temporal relation between declarations and inquiries
(7) If a declaration is in force under section 152AL;
...the Commission decides to allow the declaration to expire...
...the Commission is not required to hold a public inquiry...
130(8) Telecommunications Legislation Amendment (Competition and
Commission must hold a public inquiry within 30 days after making binding rules of conduct.
130(1) Telecommunications Legislation Amendment (Competition and
Commission may decide to combine public inquiries.
130(2) Telecommunications Legislation Amendment (Competition and
Commission must ensure reports for combined inquiries.
Temporal interval for report preparation
132 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.136
132(1) Telecommunications Legislation Amendment (Competition and
Applying a modified version of the Acts Interpretation Act 1901 to a power conferred on the Commission by section 152BC. Commission must hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination.
132(2) Telecommunications Legislation Amendment (Competition and
Commission must make final access determination within 6 months after commencement. Commission not required to hold public inquiry under Part 25 if proposal is of minor nature and affected parties consent in writing.
Obligation to make final access determination
Commission exempt from holding public inquiry under Part 25.
(2) The Commission is not required to hold a public inquiry...
...if the variation is of a minor nature and affected parties consent in writing.
Minor variation defined as one that occurs between the time of proposal and the time of consent.
...if the variation is of a minor nature; or (b) each carrier or carriage service provider and access seeker whose interests are likely to be affected by the variation has consented in writing to the variation.
Minor variation defined as one that recurs over time.
Commission permitted to vary access determination without holding public inquiry.
Commission's decision to hold public inquiry implies that minor variation is not acceptable.
132(3) Telecommunications Legislation Amendment (Competition and
Commission may extend 6-month period for making final access determination Consent required for revocation of access determination
State must obtain consent before revoking access determination
(a) carrier or service provider; and (b) access seeker; whose interests are likely to be affected by the revocation has consented in writing to the revocation.
The Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to revoke an access determination if...
Temporal interval for which consent is required
Recurring trace for which consent is required
Consent diffusion through revocation of access determination
132(4) Telecommunications Legislation Amendment (Competition and
Prohibition on varying certain provisions in access determinations.
Prohibits variation of certain provisions.
132(5) Telecommunications Legislation Amendment (Competition and
Commission does not have a duty to consider exercising power.
132(6) Telecommunications Legislation Amendment (Competition and
Commission may alter proposed variation if public inquiry has commenced
132(7) Telecommunications Legislation Amendment (Competition and
Notice of alteration must be published in a certain way.
132(8) Telecommunications Legislation Amendment (Competition and
Consent required for alteration of minor nature
132(9) Telecommunications Legislation Amendment (Competition and
Prohibition on making binding rules of conduct that relate to access to a declared service
Prohibition on making binding rules of conduct
(9) Despite anything else in this section
134 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.138
134(1) Telecommunications Legislation Amendment (Competition and
Prohibition on engaging in conduct that constitutes a contravention of an access determination. Service provider rule for the purposes of the Telecommunications Act 1997.
134(2) Telecommunications Legislation Amendment (Competition and
Remedy for contravention of access determination Carriage service provider must comply with access determinations.
Obligation to provide remedy for contravention
134(3) Telecommunications Legislation Amendment (Competition and
Court may make other orders against involved persons
134(4) Telecommunications Legislation Amendment (Competition and
Defines who is considered involved in a contravention.
Involvement in a contravention is an obligation.
A person who has aided, abetted, counselled or procured the contravention is involved.
The person is obligated to prevent further involvement.
A person who has induced the contravention, whether through threats or promises or otherwise, is involved.
A person who has been in any way (directly or indirectly) knowingly concerned in or a party to the contravention is involved.
A person who has conspired with others to effect the contravention is involved.
136 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.140
136(1) Telecommunications Legislation Amendment (Competition and
The Commission must maintain a register of access determinations.
136(2) Telecommunications Legislation Amendment (Competition and
The Register is to be maintained by electronic means.
136(3) Telecommunications Legislation Amendment (Competition and
136(4) Telecommunications Legislation Amendment (Competition and
Prohibits the Register from being a legislative instrument.
136(5) Telecommunications Legislation Amendment (Competition and
Commission may remove a provision from the Register if it prejudices substantially the commercial interests of a person and outweighs the public interest in publication.
Prohibits publication of a provision if it prejudices substantially the commercial interests of a person.
(a) publication of a particular provision of an access determination could reasonably be expected to prejudice substantially the commercial interests of a person;
the Commission may remove the provision from the version of the access determination that is included in the Register.
Defines a temporal interval for removal of a provision.
(b) the prejudice outweighs the public interest in the publication of the provision;
Defines a temporal trace for removal of a provision.
Describes how information spreads about removal of a provision.
Describes how artificial intelligence is applied to removal of a provision.
136(6) Telecommunications Legislation Amendment (Competition and
Commission must include annotation in Register if required.
152BD Binding rules of conduct
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.141
152BD(1) Binding rules of conduct
Commission may make written rules specifying terms and conditions for carriers or carriage service providers.
152BD(2) Binding rules of conduct
Rules under subsection (1) are to be known as binding rules of conduct.
152BD(3) Binding rules of conduct
Rules of conduct may be of general application or limited as provided in the rules.
152BD(4) Binding rules of conduct
binding rules of conduct may be limited to
(b) particular classes of carriers or carriage service providers
138 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.142
138(5) Telecommunications Legislation Amendment (Competition and
Commission is not required to obtain information if it is not reasonably practicable. Exempts subsection (4) from limitation by subsection 33(3A) of the Acts Interpretation Act 1901.
Commission's obligation to obtain information
Temporal overlap: Commission's obligation and urgent need
Commission is not required to obtain information if it is not reasonably practicable.
Temporal until: Commission's obligation and urgent need
Diffusion: Commission's obligation and urgent need
CogAI inference: Commission's obligation and urgent need
Subsection (4) does not limit subsection 33(3A)
138(6) Telecommunications Legislation Amendment (Competition and
Restrictions on binding rules of conduct Commission not required to observe procedural fairness in making binding rules.
138(7) Telecommunications Legislation Amendment (Competition and
Commission does not have a duty to consider making binding rules of conduct.
Commission has a duty to consider making binding rules of conduct.
138(8) Telecommunications Legislation Amendment (Competition and
Commission may exercise powers under rules
138(9) Telecommunications Legislation Amendment (Competition and
Instrument under subsection (1) is not a legislative instrument.
(9) An instrument under subsection (1) is not a legislative instrument.
138(1) Telecommunications Legislation Amendment (Competition and
Prevents the Commission from making rules that would prevent a service provider from obtaining sufficient access to a declared service. Commission must consider various factors when making binding rules of conduct.
Prevents the Commission from making rules that would prevent a service provider from obtaining sufficient access to a declared service.
Consideration of specific factors is a necessary condition for making binding rules.
138(2) Telecommunications Legislation Amendment (Competition and
Commission may take into account characteristics, costs, revenues, and demand of other eligible services when making binding rules.
Commission's obligation to consider characteristics, costs, revenues, and demand of other eligible services.
Commission's consideration of costs and revenues is between the supply of declared service and the demand for other eligible services.
138(3) Telecommunications Legislation Amendment (Competition and
138(4) Telecommunications Legislation Amendment (Competition and
Commission not required to take a matter into account if it is not reasonably practicable.
Commission exempt from taking a matter into account if it is not reasonably practicable.
Describes the temporal relationship between Commission's decision-making and its obligations.
Urgent need to make binding rules of conduct
Describes the spread of information about Commission's decision-making.
140 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.144
140(2) Telecommunications Legislation Amendment (Competition and
Grounds for denying access based on creditworthiness or repeated non-compliance
Prohibits access based on creditworthiness or repeated non-compliance
Access denied for recurring non-compliance
(b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided
Access denied for recurring non-compliance within a specific time frame
140(3) Telecommunications Legislation Amendment (Competition and
Commission cannot make binding rules of conduct inconsistent with standard access obligations.
140(3A) Telecommunications Legislation Amendment (Competition and
Commission cannot make binding rules that would require Telstra to engage in conduct covered by the final migration plan.
140(4) Telecommunications Legislation Amendment (Competition and
Compensation for deprivation of access right
140(5) Telecommunications Legislation Amendment (Competition and
Exemptions from binding rules of conduct
(5) Binding rules of conduct are of no effect to the extent to which they contravene subsection (1), (3) or (3A).
140(6) Telecommunications Legislation Amendment (Competition and
Access agreements prevail over inconsistent binding rules of conduct.
Binding rules have no effect to the extent they are inconsistent with an access agreement.
(binding rules of conduct are applicable to those parties) and (access agreement is applicable to those parties)
(binding rules of conduct have no effect to the extent they are inconsistent with an access agreement)
Binding rules apply to carriers or carriage service providers and access seekers.
(binding rules of conduct) are applicable to (a carrier or carriage service provider) and (an access seeker)
(binding rules of conduct are applicable to those parties)
Binding rules came into force before the binding rules of conduct came into force.
(binding rules of conduct) came into force after (binding rules of conduct came into force)
(binding rules of conduct came into force before the binding rules of conduct came into force)
(binding rules of conduct are applicable to those parties for all time)
Access agreements prevail over binding rules of conduct.
(access agreement) is applicable to (those parties) and (binding rules of conduct) are applicable to (those parties)
(access agreement prevails over binding rules of conduct)
(binding rules of conduct) are applicable to (those parties) and (access agreement) is applicable to (those parties)
142 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.146
142(1) Telecommunications Legislation Amendment (Competition and
Commencement of binding rules of conduct Prohibition on conduct that constitutes a contravention of binding rules of conduct Service provider rule for the purposes of the Telecommunications Act 1997 Exempts Commission decisions from certain judicial review provisions.
Binding rules come into force on specified day
(1) Binding rules of conduct come into force on the day specified in the rules as the day on which the rules are to come into force.
Rules take effect during specified period
The rules take effect during a specified period.
Rules imply commencement date through argumentation
The rules imply a commencement date through argumentation.
The rules diffuse through a commencement date.
Prohibits application of certain judicial review provisions.
142(2) Telecommunications Legislation Amendment (Competition and
Carriage service provider must comply with binding rules of conduct. Rules of conduct must specify an expiry date. Court must comply with binding rules of conduct
142(3) Telecommunications Legislation Amendment (Competition and
Expiry date must occur within 12 months of rules making
142(4) Telecommunications Legislation Amendment (Competition and
Binding rules of conduct cease to be in force on expiry date.
Binding rules of conduct cease to be in force.
144 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.148
144(2) Telecommunications Legislation Amendment (Competition and
Remedy for contravention of rules despite revocation or expiry The Register is to be maintained by electronic means.
144(3) Telecommunications Legislation Amendment (Competition and
Court may make orders against other persons involved in contravention. The Register must be made available for inspection on the Commission's website.
144(4) Telecommunications Legislation Amendment (Competition and
A person involved in the contravention is a reference to a person who has aided, abetted, counselled or procured the contravention.
The text refers to a person involved in the contravention.
144(1) Telecommunications Legislation Amendment (Competition and
The Commission must maintain a register of binding rules of conduct.
The Commission must maintain a register.
The register is a list of binding rules.
146 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.150
146(4) Telecommunications Legislation Amendment (Competition and
146(5) Telecommunications Legislation Amendment (Competition and
Commission may remove provision from rules if it prejudices substantially the commercial interests of a person and outweighs public interest in publication.
...the Commission may remove the provision from the version of the rules that is included in the Register.
Temporal interval for removal of provisions.
Recurring trace for removal of provisions.
Diffusion of information about removal of provisions.
Classification of provisions based on commercial interests and public interest.
146(6) Telecommunications Legislation Amendment (Competition and
152BE Access agreements
152BE(1) Access agreements
An access seeker and a carrier or carriage service provider are parties to the agreement.
The agreement relates to access to a declared service.
The declaration of the service is prior to the agreement.
152BE(1A) Access agreements
Exempts agreement from paragraph (1)(b) to the extent it is covered by subparagraph (1)(e)(ix) or (x)
152BE(2) Access agreements
Agreement to access eligible service must be declared after its declaration.
Obligation to declare eligible service after its declaration.
(2) If an agreement relates to access to an eligible service (within the meaning of section 152AL); and...
...the eligible service becomes a declared service; and
Eligible service declaration time overlaps with agreement entry time.
Eligible service declaration is recurrently related to agreement entry.
Eligible service declaration diffuses to agreement entry.
Eligible service declaration is inferentially related to agreement entry.
148 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.152
148(3) Telecommunications Legislation Amendment (Competition and
Carrier must provide variation agreement and written statement within 28 days. Reference to access agreement is updated upon variation agreement.
Obligation to provide variation agreement and written statement.
Variation agreement is legally enforceable
Reference to access agreement is updated
148(4) Telecommunications Legislation Amendment (Competition and
Commission may specify information by writing. Commencement of section is unaffected by timing of access agreements
148(5) Telecommunications Legislation Amendment (Competition and
Access agreements are not legislative instruments. Commission may specify information for paragraph (2)(d) purposes
An access agreement is not a legislative instrument.
148(6) Telecommunications Legislation Amendment (Competition and
Commission may specify information for paragraph (3)(b) purposes Variation agreements are not legislative instruments.
(6) A variation agreement is not a legislative instrument.
148(1) Telecommunications Legislation Amendment (Competition and
Carrier must provide access agreement and written statement to Commission within 28 days.
Carrier must provide access agreement and written statement.
148(2) Telecommunications Legislation Amendment (Competition and
Carrier must provide agreement and statement within 28 days
148(7) Telecommunications Legislation Amendment (Competition and
Commission may require information to be verified by statutory declaration.
148(8) Telecommunications Legislation Amendment (Competition and
148(9) Telecommunications Legislation Amendment (Competition and
Commission may extend deadline for certain actions.
148(10) Telecommunications Legislation Amendment (Competition and
Legislative instruments under certain subsections are not legislative instruments.
150 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.154
150(11) Telecommunications Legislation Amendment (Competition and
Notification of termination of access agreement is required.
150(1) Telecommunications Legislation Amendment (Competition and
Service provider rule for the purposes of the Telecommunications Act 1997. Duty to notify Commission of terminated access agreement
Imposes a duty on the state to notify the Commission of terminated access agreements
(a) a copy of an access agreement has been given to the Commission under section 152BEA
(1) This section applies if: (a) a copy of an access agreement has been given to the Commission under section 152BEA;
Specifies a temporal interval for which this section applies
and (b) the agreement is terminated, rescinded or cancelled before the expiry of the agreement.
Specifies a recursive relation for which this section applies
(a) a copy of an access agreement has been given to the Commission under section 152BEA;
Specifies the conditions under which this section applies
150(2) Telecommunications Legislation Amendment (Competition and
Notify the Commission of termination, rescission, or cancellation within 28 days. Carriage service provider must comply with sections 152BEA and 152BEB.
161 Subdivision A of Division 5 of Part XIC
Repeal Subdivision A of Division 5 of Part XIC
162 Subsection 152CBA(1)
163 Before subsection 152CBA(4)
States conduct in relation to access to a service and terms and conditions.
Classifies the undertaking as a deontic provision.
164 Subsection 152CBA(10)
Permits giving a fresh special access undertaking if the previous one expires.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.155
165 Before subsection 152CBA(11)
Commission may perform functions or exercise powers in relation to the undertaking.
166 After section 152CBA
166(1) After section 152CBA
Defines a fixed principles term or condition with a notional period.
166(2) After section 152CBA
Qualifying circumstances for fixed principles term or condition
166(3) After section 152CBA
Defines notional fixed period for a fixed principles term or condition
152 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.156
152(4) Telecommunications Legislation Amendment (Competition and
Fixed principles term or condition ceases to be in operation when the undertaking ceases.
Fixed principles term or condition is specified in a special access undertaking.
(a) a fixed principles term or condition is specified in a special access undertaking;
the fixed principles term or condition is specified in a special access undertaking.
Undertaking ceases to be in operation when the fixed principles term or condition ceases.
(b) the undertaking ceases to be in operation before the end of the notional fixed period for the fixed principles term or condition;
the undertaking ceases to be in operation when the fixed principles term or condition ceases.
Fixed principles term or condition can be included in a fresh undertaking.
a fresh undertaking can include an identical fixed principles term or condition.
152(5) Telecommunications Legislation Amendment (Competition and
Commission must not reject other undertaking for specified reasons
Original undertaking accepted by Commission
Commission must not reject other undertaking
Original and corresponding fixed principles terms have notional fixed periods that end at or before the same time
Notional fixed periods for original and corresponding fixed principles terms overlap
Commission must consider submissions related to specified circumstances
Other undertaking contains qualifying circumstances
Commission must consider submissions related to corresponding fixed principles term or condition
Paragraphs do not apply to specified conditions
Corresponding fixed principles term or condition is the only term or condition contained in other undertaking
Paragraphs 152CBD(2)(d) and (ii) do not apply to corresponding fixed principles term or condition
154 Telecommunications Legislation Amendment (Competition and
Commission must not reject variation of undertaking under certain circumstances.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.158
167 Before paragraph 152CBC(6)(a)
Compliance with notice under section 152CBDA is required.
168 Paragraph 152CBC(6)(a)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.159
169 After section 152CBC
156 Telecommunications Legislation Amendment (Competition and
Commission may refuse to consider another special access undertaking if it is materially similar to a previous one.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.160
170 After paragraph 152CBD(2)(c)
Commission must be satisfied that conduct promotes long-term interests of end-users and terms and conditions are reasonable.
Obligation to satisfy Commission's conditions.
Classifies conduct as promoting long-term interests of end-users.
171 At the end of section 152CBD
171(3) At the end of section 152CBD
Subsection (2) has effect subject to subsection 152CBAA(5)
171(4) At the end of section 152CBD
Commission must refuse to accept undertaking if certain conditions not met.
Commission prohibits acceptance of undertaking if conditions not met.
171(5) At the end of section 152CBD
Subsection (4) has effect subject to subsection 152CBAA(5)
171(6) At the end of section 152CBD
Commission must publish special access undertaking under certain conditions.
172 After section 152CBD
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.161
172(1) After section 152CBD
Special access undertaking to the Commission.
Obligation to provide a special access undertaking.
172(2) After section 152CBD
Commission may give written notice stating variations to original undertaking.
158 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.162
158(3) Telecommunications Legislation Amendment (Competition and
Commission must consider varied undertaking under section 152CBC.
158(4) Telecommunications Legislation Amendment (Competition and
Commission does not have a duty to consider giving a notice under subsection (2).
173 After subsection 152CBG(4)
Subsection (4) has effect subject to subsection 152CBAA(6)
174 After section 152CBI
Special access undertakings prevail over inconsistent access determinations and binding rules of conduct.
Special access undertakings take precedence over inconsistent determinations and rules.
Inconsistent with special access undertaking
Special access undertakings override inconsistent binding rules of conduct.
175 Subsection 152CC(2)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.163
176 Subsections 152CC(3), (4) and (5)
176(3) Subsections 152CC(3), (4) and (5)
176(4) Subsections 152CC(3), (4) and (5)
177 Sections 152CE, 152CF, 152CG and 152CGA
178 Section 152CGB
179 Subsection 152CH(1) (notes 1A, 1B, 2 and 3)
180 Subsection 152CH(1) (note 5)
181 Subsection 152CH(1) (note 6)
182 Subsection 152CI(2)
Repeal subsection, substitute with provision having no effect to the extent of inconsistency.
Prohibits provision with inconsistent Ministerial pricing determination.
160 Telecommunications Legislation Amendment (Competition and
Inconsistent provision has no effect to the extent of inconsistency.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.164
183 Subsection 152CJ(2)
184 Subsections 152CJ(3), (4) and (5)
184(3) Subsections 152CJ(3), (4) and (5)
184(4) Subsections 152CJ(3), (4) and (5)
185 Division 8 of Part XIC
186 Division 9 of Part XIC
187 Paragraph 152EF(1)(b)
Repeal paragraph and substitute with new requirements.
188 Subparagraph 152ELA(3)(a)(i)
189 Subparagraph 152ELA(3)(a)(ii)
190 Subparagraph 152ELA(3)(a)(iii)
191 Paragraph 152ELA(3)(b)
192 Paragraph 152ELA(3)(c)
Omit “this Part;”, substitute “this Part.”.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.165
193 Paragraph 152ELA(3)(d)
194 Subsections 152ELA(6) and (7)
Repeal subsections and substitute with new provisions.
195 Before section 152EM
195(1) Before section 152EM
Compensation for acquisition of property on just terms
195(2) Before section 152EM
Person may institute proceedings for recovery of compensation if Commonwealth and person do not agree on amount.
195(3) Before section 152EM
Definitions and scope of Part 2 of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010.
195A After section 152EO
162 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.166
162(1) Telecommunications Legislation Amendment (Competition and
Minister must conduct a review of the operation of certain provisions before June 30, 2014.
Specifies the time period for the review
(1) Before 30 June 2014, the Minister must cause to be conducted a review of the operation of: (a) this Part; and (b) the remaining provisions of this Act so far as they relate to this Part.
162(2) Telecommunications Legislation Amendment (Competition and
Public consultation must be made during a review under subsection (1)
Obligation to provide public consultation
162(3) Telecommunications Legislation Amendment (Competition and
Minister must prepare report after review
162(4) Telecommunications Legislation Amendment (Competition and
Minister must table report in each House of Parliament within 15 sitting days.
196 Subsection 155AAA(21) (subparagraph (c)(i) of the
Omit specific references from definition of protected information
197 Subsection 171B(1)
Omit certain words from section headings.
198 Definitions
Definitions for access agreement, access determination, and binding rules of conduct.
199 Transitional—certificates under subclause 33(3) of
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.167
200 Transitional—certificates under subclause 34(3) of
201 Transitional—certificates under subclause 35(3) of
164 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.168
202 Transitional—ordinary class exemptions from standard
Continues application of section 152AS despite repeal and amendment.
203 Transitional—ordinary individual exemptions from
Continues application of section 152AT despite repeal and amendment.
204 Transitional—ordinary access undertakings given to the
Transitional provisions for ordinary access undertakings given to the Commission before 15 September 2009.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.169
The undertaking must be in operation immediately before the commencement of this item.
This subitem has effect subject to the following subitems.
The undertaking cannot be varied so as to extend its duration.
The undertaking must adopt a set of model terms and conditions set out in the telecommunications access code.
If the undertaking adopts a set of model terms and conditions set out in the telecommunications access code, then, despite the repeal of sections 152BJ and 152BK of the Competition and Consumer Act 2010,
The undertaking must not be inconsistent with an access agreement.
If the undertaking is inconsistent with an access agreement, the undertaking has no effect to the extent of the inconsistency.
The undertaking was in operation immediately before the commencement of this item.
166 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.170
205 Transitional—ordinary access undertakings given to the
Ordinary access undertaking given to Commission on or after 15 September 2009
15 September 2009; and
The undertaking continues to apply despite repeals and amendments.
The undertaking persists in spite of changes.
Repeals and amendments do not affect the undertaking.
The undertaking ceases to have effect when the first access determination comes into force.
There is a temporal relationship between the undertaking and the access determination.
The undertaking's duration is tied to the access determination.
If the undertaking adopts model terms and conditions, those sections continue to apply despite repeals.
There is a recurring relationship between the undertaking and the model terms.
The undertaking's effect is sustained by the model terms.
The undertaking cannot be varied to extend its duration.
There is a prohibition on modifying the undertaking.
206 Transitional—continuity of special access undertakings
Continuity of special access undertakings
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.171
The amendment does not affect the undertaking
207 Transitional—arbitration of access disputes
Continuation of Division, definition, and sections despite repeals and amendments.
168 Telecommunications Legislation Amendment (Competition and
No access dispute notification allowed under section 152CM of the Competition and Consumer Act 2010.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.172
Section 152CM of the Competition and Consumer Act 2010
170 Telecommunications Legislation Amendment (Competition and
Determination has no effect if inconsistent with binding rules of conduct or access agreement.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.174
208 Transitional—compliance with standard access
Carrier or carriage service provider must comply with standard access obligations under specified conditions.
172 Telecommunications Legislation Amendment (Competition and
Terms and conditions about a particular matter must comply with the access determination.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.176
209 Transitional—hindering the fulfilment of an obligation
Hindering the fulfilment of an obligation imposed by arbitration determination
210 Transitional—regulations
Governor-General may make regulations in relation to transitional matters.
211 At the end of section 151AF (before the note)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.177
212 Subsections 151AKA(9) and (10)
Commission is not required to observe procedural fairness in relation to Part A competition notices.
Prohibition of procedural fairness observation
213 Application—competition notices
Amendment of section 151AKA applies to Part A competition notices issued after commencement.
174 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.178
214 Subsection 5(2)
payphone carriage service is a type of carriage service
carriage service is a subclass of payphone carriage service
payphone carriage service is supplied by means of a payphone during its operation
payphone operation is a temporal interval during which payphone carriage service is supplied
payphone carriage service must be supplied by means of a payphone
means of a payphone must supply payphone carriage service
payphone carriage service is supplied by means of a payphone
means of a payphone are sufficient to supply payphone carriage service
215 Subsection 5(2)
Defines price-related terms and conditions
216 Subsection 5(2)
216A Subparagraph 6(1)(b)(i)
216B Subparagraph 6(1)(b)(ii)
Omit 'teletypewriter' and substitute with a device that enables text-based communication.
Substitute with a device that enables text-based communication.
Replaces 'teletypewriter' at the specified point in time.
217 After section 6
Insert: ComLaw Authoritative Act C2012C00891 Amendments Schedule 1 Universal service regime Part 4
6A When a standard telephone service is supplied in fulfilment of
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.179
6A(1) When a standard telephone service is supplied in fulfilment of
Service not taken to be supplied in fulfilment of universal service obligation unless notice given
(a) a standard telephone service is supplied, or proposed to be supplied, to a customer by a primary universal service provider; and (b) the service is: ...
(1) For the purposes of this Act, if: ...
6A(2) When a standard telephone service is supplied in fulfilment of
Determine requirements for standard telephone service
6A(3) When a standard telephone service is supplied in fulfilment of
Customer must be given option to choose another standard telephone service before entering agreement.
Customer was given the option of being supplied with another standard telephone service.
The relevant service is taken not to be supplied in fulfilment of the universal service obligation if...
Customer must enter agreement before option expires
if, before the customer entered into an agreement with the primary universal service provider for the supply of the relevant service:
...the customer was given the option of being supplied with another standard telephone service by the provider...
Option must be provided before agreement is entered
The primary universal service provider must supply another standard telephone service if the customer was given the option.
...the relevant service is taken not to be supplied in fulfilment of the universal service obligation...
Customer must choose another standard telephone service
If the customer was given the option, they must choose another standard telephone service.
176 Telecommunications Legislation Amendment (Competition and
Customer acknowledges that the relevant service is not supplied in fulfilment of the universal service obligation.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.180
Temporal interval between notice and supply
The customer has, by written notice given to the provider, acknowledged that the relevant service is not supplied in fulfilment of the universal service obligation; and
Notice and supply occur within a temporal interval
Notice and supply occur in an ordered temporal interval
Provider recognises notice from customer
218 After section 8B
8BA Special meaning of standard telephone service
8BA(1) Special meaning of standard telephone service
Defines standard telephone service as a reference to a specific service with specified characteristics.
8BA(2) Special meaning of standard telephone service
Minister may determine characteristics for standard telephone service
219 Subsections 9(2) and (3)
219(2) Subsections 9(2) and (3)
Obligation to supply standard telephone services on request.
Subclass of obligation to provide standard telephone services.
219(2A) Subsections 9(2) and (3)
Obligation to supply, install and maintain payphones in Australia.
Classifies payphones as a required service.
219(2B) Subsections 9(2) and (3)
Obligation to supply prescribed carriage services on request.
Subclass of obligation to supply prescribed carriage services.
219(2C) Subsections 9(2) and (3)
Request for standard telephone service must comply with ComLaw Authoritative Act C2012C00891 requirements.
Requires compliance with ComLaw Authoritative Act C2012C00891 requirements.
Compliance with ComLaw Authoritative Act C2012C00891 requirements.
During the supply of a standard telephone service, compliance with ComLaw Authoritative Act C2012C00891 requirements is required.
219(2D) Subsections 9(2) and (3)
Minister may determine requirements by legislative instrument.
219(2E) Subsections 9(2) and (3)
No obligation arises for standard telephone service supply under specified circumstances.
219(3) Subsections 9(2) and (3)
Minister may determine circumstances for subsection (2E) purposes
220 Subsection 9(4)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.181
221 Subsection 9(5)
222 Subsection 9(6)
223 Section 9A
9A Reasonable accessibility of prescribed carriage services
9A(1) Reasonable accessibility of prescribed carriage services
Minister must determine what is necessary to ensure prescribed carriage services are reasonably accessible.
Minister has an obligation to determine what is necessary.
9A(2) Reasonable accessibility of prescribed carriage services
A determination under subsection (1) is a legislative instrument.
224 Subsection 12C(1)
225 After Subdivision B of Division 5 of Part 2
178 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.182
12EB Performance standards
12EB(1) Performance standards
The Minister may make a written determination setting out standards to be complied with by a primary universal service provider.
The Minister may make a written determination.
12EB(2) Performance standards
A determination may be of general application or limited as provided.
12EB(3) Performance standards
Compliance with subsection (2) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
Implication of compliance with subsection (2)
(3) Subsection (2) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
Exclusion of compliance from other obligations
Compliance with subsection (2) is excluded from other obligations
Compliance with subsection (2) implies that subsection 33(3A) is not limited
Overlap between compliance and subsection 33(3A)
Compliance with subsection (2) overlaps with subsection 33(3A)
Compliance with subsection (2) is included in obligations
12EB(4) Performance standards
Primary universal service provider must comply with a standard in force under subsection (1).
Primary universal service provider must comply with a standard.
12EB(5) Performance standards
Service supplied in fulfilment of the universal service obligation
12EB(6) Performance standards
Exempts standard telephone service from this section if supplied in fulfilment of universal service obligation.
The service is supplied in fulfilment of the universal service obligation.
The exemption overlaps with the standard telephone service provision.
This section does not apply to such services.
The exemption repeats with each standard telephone service provision.
The exemption diffuses to other standard telephone services.
The exemption recognizes standard telephone services supplied in fulfilment of universal service obligation.
12EB(7) Performance standards
(7) A determination under subsection (1) is a legislative instrument.
Temporal relationship of a legislative instrument
12EC Performance benchmarks
Minister may make written determination setting standards for primary universal service providers.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.183
180 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.184
180(2) Telecommunications Legislation Amendment (Competition and
Determination may be of general application or limited as provided in the instrument.
180(3) Telecommunications Legislation Amendment (Competition and
Determination prevails over inconsistent instruments
180(4) Telecommunications Legislation Amendment (Competition and
Instruments inconsistent with a determination have no effect.
Prohibits instruments inconsistent with a determination.
180(5) Telecommunications Legislation Amendment (Competition and
Performance benchmarks are a legislative instrument.
Temporal relation to performance benchmarks
(5) A determination under subsection (1) is a legislative instrument. Performance benchmarks
Performance benchmarks occur during the determination of a legislative instrument.
Performance benchmarks are defined as a type of determination.
Performance benchmarks are defined as a type of AI output.
180(6) Telecommunications Legislation Amendment (Competition and
Minister may set minimum benchmarks for compliance with a standard.
180(7) Telecommunications Legislation Amendment (Competition and
Instrument may be of general application or limited as provided in the instrument.
180(8) Telecommunications Legislation Amendment (Competition and
180(9) Telecommunications Legislation Amendment (Competition and
Primary universal service provider must meet or exceed a minimum benchmark set by an instrument under subsection (6).
Primary universal service provider must meet or exceed a minimum benchmark.
180(10) Telecommunications Legislation Amendment (Competition and
Clause 1 of Schedule 1 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1).
180(11) Telecommunications Legislation Amendment (Competition and
Clause 1 of Schedule 2 to the Telecommunications Act 1997 does not apply to a contravention of a standard in force under subsection (1).
12ED Performance standards
Minister may make written determination setting standards for payphone carriage service providers.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.185
182 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.186
182(2) Telecommunications Legislation Amendment (Competition and
A determination under subsection (1) may be of general application or may be limited as provided in the determination.
182(3) Telecommunications Legislation Amendment (Competition and
Compliance with subsection 33(3A) of the Acts Interpretation Act 1901 is not limited by subsection (2)
Implication of limitation on subsection 33(3A)
Subsection (2) does not limit subsection 33(3A)
Subsection (2) and subsection 33(3A) have overlapping temporal scopes
Subsection (2) and subsection 33(3A) have repeating patterns
Implication of limitation on subsection 33(3A) is diffused to subsection (2)
Compliance is recognized as a concept in the legislation
182(4) Telecommunications Legislation Amendment (Competition and
Primary universal service provider must comply with a determination under subsection (1).
182(5) Telecommunications Legislation Amendment (Competition and
(5) Each of the following instruments: (a) an approved policy statement for a primary universal service provider; (b) an approved standard marketing plan for a primary universal service provider;
has no effect to the extent to which the instrument is inconsistent with a determination in force under subsection (1).
Determination is a legislative instrument.
182(6) Telecommunications Legislation Amendment (Competition and
It is an obligation on the State to make such a determination.
12EE Performance benchmarks
12EE(1) Performance benchmarks
The Minister must set standards for primary universal service providers.
12EE(2) Performance benchmarks
12EE(3) Performance benchmarks
12EE(4) Performance benchmarks
(4) Each of the following instruments: (a) an approved policy statement for a primary universal service provider; (b) an approved standard marketing plan for a primary universal service provider;
Instrument inconsistency has no temporal impact.
Instrument inconsistency is not permitted.
Instrument inconsistency has no temporal relation.
Instrument inconsistency has no diffusion impact.
12EE(5) Performance benchmarks
Performance benchmarks must be determined
12EE(6) Performance benchmarks
12EE(7) Performance benchmarks
184 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.188
184(8) Telecommunications Legislation Amendment (Competition and
Obligation to meet or exceed minimum benchmarks
184(9) Telecommunications Legislation Amendment (Competition and
Obligation to meet or exceed a minimum benchmark.
184(10) Telecommunications Legislation Amendment (Competition and
184(11) Telecommunications Legislation Amendment (Competition and
12EF Rules about the location of payphones
12EF(1) Rules about the location of payphones
Minister must make rules for payphone locations.
12EF(2) Rules about the location of payphones
Primary universal service provider must comply.
12EF(3) Rules about the location of payphones
Compliance with determination implies compliance with obligation to locate payphones.
(3) If a primary universal service provider complies with a determination under subsection (1), the provider is taken to have complied with an obligation under paragraph 9(1)(b) or subsection 9(2A),
the provider is taken to have complied with an obligation.
Compliance during determination implies obligation.
12EF(4) Rules about the location of payphones
12EF(5) Rules about the location of payphones
12EG Rules about the process for public consultation on the location
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.189
12EG(1) Rules about the process for public consultation on the location
Minister must make rules for public consultation on payphone location
12EG(2) Rules about the process for public consultation on the location
Minister must ensure public consultation on payphone removal
Minister has an obligation to ensure public consultation
12EG(3) Rules about the process for public consultation on the location
Primary universal service provider must comply with a determination.
12EG(4) Rules about the process for public consultation on the location
Rules about the process for public consultation on the location
186 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.190
12EH Rules about the process for resolution of complaints about the
12EH(1) Rules about the process for resolution of complaints about the
Minister may make rules for resolution of complaints about payphones.
12EH(2) Rules about the process for resolution of complaints about the
12EH(3) Rules about the process for resolution of complaints about the
(3) Each of the following instruments: (a) an approved policy statement for a primary universal service provider; (b) an approved standard marketing plan for a primary universal service provider;
Instruments may overlap with determinations.
12EH(4) Rules about the process for resolution of complaints about the
12EI Directions by the ACMA about the removal of payphones
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.191
12EI(1) Directions by the ACMA about the removal of payphones
ACMA must direct removal of payphone if objections are notified and breach determination is found.
Notification of objections and breach determination found.
Removal of payphone must be after breach determination found.
Removal of payphone must occur after breach determination found.
12EI(2) Directions by the ACMA about the removal of payphones
ACMA may direct provider not to remove payphone from location.
12EI(3) Directions by the ACMA about the removal of payphones
ACMA may direct provider to supply and install payphone within specified period.
12EI(4) Directions by the ACMA about the removal of payphones
Minimum notice period for removal of payphones
(4) A period specified under paragraph (3)(b) must not be shorter than 30 days after the notice is given.
Temporal overlap between notice periods and removal of payphones
12EI(5) Directions by the ACMA about the removal of payphones
Must comply with a determination under subsection 12EF(1)
12EI(6) Directions by the ACMA about the removal of payphones
Primary universal service providers must comply with ACMA directions.
12EI(7) Directions by the ACMA about the removal of payphones
Directions by the ACMA about the removal of payphones are not legislative instruments.
188 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.192
226 Subsection 150(3)
227 Before section 113
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.193
228 Section 113
Minister may make performance standards and set minimum benchmarks.
229 After section 114
114A Wholesale carriage service and wholesale customer
Carriage service provider must supply carriage service to another provider
190 Telecommunications Legislation Amendment (Competition and
Second provider must be a wholesale customer of the first provider.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.194
230 After subsection 115(2)
No standard applies to wholesale carriage services.
231 Subsections 115(5) and (6)
Repeal subsections and substitute with new definitions.
232 After section 117A
117B Performance benchmarks
117B(1) Performance benchmarks
The Minister may set minimum benchmarks for carriage service providers.
117B(2) Performance benchmarks
117B(3) Performance benchmarks
Does not limit subsection 33(3A) of the Acts Interpretation Act 1901 by implication.
117C Compliance with performance benchmarks
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.195
117C(1) Compliance with performance benchmarks
Obligation to meet performance benchmarks
117C(2) Compliance with performance benchmarks
Must meet or exceed a minimum benchmark set by the instrument.
Must meet or exceed a minimum benchmark.
117C(3) Compliance with performance benchmarks
Exempts first provider from contravening a standard if another carriage service provider is responsible for the contravention.
Exempts first provider from obligation to comply with standard.
(3) For the purposes of determining whether the first provider has met or exceeded a minimum benchmark set by the instrument...
The first provider is taken not to have contravened the standard.
Indicates overlap between two temporal intervals: the benchmark period and the standard enforcement period.
The benchmark period overlaps with the standard enforcement period.
Indicates recurring trace between two events: the contravention and the exemption.
The contravention and exemption are part of a recurring pattern.
Indicates diffusion of responsibility from one provider to another.
(b) the contravention is wholly or partly attributable to one or more acts or omissions of another carriage service provider;
The first provider's responsibility is diffused to another provider.
Indicates inference from the definition of 'standard' to the meaning of 'contravention'
(a) the first provider has contravened a standard in force under section 115;
The first provider's act is a contravention if it meets the definition of 'standard'
117D Performance standards
117D(1) Performance standards
Minister may make standards for wholesale carriage services
117D(2) Performance standards
A standard under this section may be of general application or may be limited as provided in the standard.
192 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.196
117E Performance benchmarks
117E(1) Performance benchmarks
Minister may set minimum benchmarks for carriage service providers
117E(2) Performance benchmarks
117E(3) Performance benchmarks
117F Compliance with performance benchmarks
117F(1) Compliance with performance benchmarks
Provider must meet or exceed minimum benchmark
117F(2) Compliance with performance benchmarks
117F(3) Compliance with performance benchmarks
Exempts first provider from contravening standard if another provider is partly responsible.
Exempts first provider from contravening standard.
First provider has contravened a standard.
First provider is not considered to have contravened the standard.
233 At the end of subsection 118(1)
234 At the end of paragraph 118(3)(a)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.197
235 Subsection 120(4)
235(4) Subsection 120(4)
(4) A waiver must be in the form specified in the instrument.
235(5) Subsection 120(4)
The form must include a statement that summarises the consequences of the waiver.
235(6) Subsection 120(4)
Waiver cannot be set out in a standard form of agreement
(6) A waiver must not be set out in a standard form of agreement
235(7) Subsection 120(4)
Customer cannot waive protection and rights under Part in relation to a particular standard telephone service.
Prohibition on waiving protection and rights
Customer's protection and rights under Part
235(8) Subsection 120(4)
An instrument under subsection (1) is a legislative instrument.
(8) An instrument under subsection (1) is a legislative instrument.
236 After section 120
120A Carriage service may be supplied on condition that the
Customer waives protection and rights under this Part in relation to the carriage service.
237 Section 122
194 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.198
238 After section 122
122A Failure to meet or exceed a minimum benchmark is not an
Failure to meet or exceed a minimum benchmark is not an offence.
239 At the end of section 123 (before the note)
240 Application—waiver
Amendments apply in relation to a waiver given after commencement.
241 After subsection 529(2)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.199
241(2A) After subsection 529(2)
Carriers or carriage service providers must prepare reports.
241(2B) After subsection 529(2)
Carriers or carriage service providers must give reports to ACMA.
241(2C) After subsection 529(2)
Rules for report preparation manner and form
Obligation to specify rules for report preparation
(2C) The rules may specify the manner and form in which reports are to be prepared.
241(2D) After subsection 529(2)
Rules may require preparation of reports as and when required by ACMA or at specified intervals.
...the preparation of reports as and when required by the ACMA;
Reports must be prepared at regular intervals
...at regular intervals as are specified in the rules.
241(2E) After subsection 529(2)
Report prepared in accordance with rules may be given to ACMA
241(2F) After subsection 529(2)
242 Paragraphs 529(4)(a) and (b)
Repeal paragraphs and substitute with ACMA's telecommunications functions or powers.
Replace existing paragraphs with new obligations.
196 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.200
243 At the end of section 529
Section 529 does not limit ACMA's general information-gathering powers.
244 Transitional—record-keeping rules
Amendments do not affect record-keeping rules continuity
245 At the end of Schedule 2
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.201
16 Simplified outline
Must inform prospective customer of non-priority assistance and alternative providers.
198 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.202
17 Priority assistance industry code
Defines priority assistance industry code
18 Compliance with the priority assistance industry code
Compliance with priority assistance industry code is mandatory.
19 Information for prospective residential customers of a carriage
19(1) Information for prospective residential customers of a carriage
Carriage service provider must offer priority assistance if requested by prospective residential customer.
Priority assistance in connection with standard telephone service supply
Obligation to provide priority assistance
19(2) Information for prospective residential customers of a carriage
Provider must inform prospective residential customer of priority assistance options.
Provider must inform prospective residential customer.
19(3) Information for prospective residential customers of a carriage
Priority assistance has the same meaning as in the priority assistance industry code.
20 Requirements for Telstra
No requirement imposed on Telstra if clause 19 of Carrier Licence Conditions Declaration 1997 is in force.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.203
Clause 19 of Carrier Licence Conditions Declaration 1997 is in force.
Temporal relationship between clause 19 and the Part
Clause 19 of Carrier Licence Conditions Declaration 1997 is during the force of the Part.
The Part does not impose a requirement on Telstra if clause 19 is in force.
The Part permits exemption from the requirement if clause 19 of Carrier Licence Conditions Declaration 1997 is in force.
No requirement imposed on Telstra if clause 19 is in force.
The Part does not impose a requirement on Telstra if clause 19 of Carrier Licence Conditions Declaration 1997 is in force.
200 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.204
246 Section 7
Definition of authorised infringement notice officer
247 Section 7
248 Section 7
249 After Part 31A
572D Simplified outline
Infringement notices for contraventions of civil penalty provisions.
Establishes an obligation to issue infringement notices.
572E When an infringement notice can be given
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.205
572E(1) When an infringement notice can be given
Authorized infringement notice officer may give an infringement notice to a person who has contravened a civil penalty provision.
Authorized infringement notice officer has reasonable grounds to believe a person has contravened a civil penalty provision.
The authorized infringement notice officer may give an infringement notice to the person.
Must give an infringement notice if reasonable grounds exist
If an authorized infringement notice officer has reasonable grounds to believe a person has contravened a civil penalty provision, the authorized infringement notice officer may give to the person an infringement notice.
The authorized infringement notice officer must give an infringement notice to the person if he or she has reasonable grounds to believe that a person has contravened a civil penalty provision.
Can issue an infringement notice based on reasonable grounds
The authorized infringement notice officer may give to the person an infringement notice relating to the contravention if he or she has reasonable grounds.
The authorized infringement notice officer can issue an infringement notice to the person based on his or her reasonable grounds.
Must give an infringement notice within a time limit
If an authorized infringement notice officer has reasonable grounds to believe that a person has contravened a civil penalty provision, the authorized infringement notice officer may give to the person an infringement notice relating to the contravention.
The authorized infringement notice officer must give an infringement notice to the person within a time limit if he or she has reasonable grounds to believe that a person has contravened a civil penalty provision.
Authorized infringement notice officer can give an infringement notice
If an authorized infringement notice officer has reasonable grounds to believe that a person has contravened a civil penalty provision, the authorized infringement notice officer may give to the person an infringement notice.
The authorized infringement notice officer can give an infringement notice to the person if he or she has reasonable grounds to believe that a person has contravened a civil penalty provision.
572E(2) When an infringement notice can be given
Infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.
572E(3) When an infringement notice can be given
No infringement notice can be given for contravention of section 68 or 101.
572E(4) When an infringement notice can be given
Infringement notice can be given for certain contraventions of carrier licence conditions.
Establishes temporal relation between infringement notice and contraventions.
202 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.206
202(5) Telecommunications Legislation Amendment (Competition and
No infringement notice can be given if the provision is a listed infringement notice provision and has been so for at least 3 months.
The provision is a listed infringement notice provision and has been so for at least 3 months.
202(6) Telecommunications Legislation Amendment (Competition and
No infringement notice can be given unless the other provision has been a listed infringement notice provision for at least 3 months before the contravention is alleged to have taken place.
202(7) Telecommunications Legislation Amendment (Competition and
Declaration of listed infringement notice provision
(7) The ACMA may, by legislative instrument...
a specified provision of this Act; or ... is a listed infringement notice provision for the purposes of this section.
Declares a temporal interval during which a provision applies
Declares a provision that can be applied through a declaration
Declares a provision that can be applied through a determination
204 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.208
204(8) Telecommunications Legislation Amendment (Competition and
Publish notice and consider submissions before making or varying a declaration.
Submissions to the ACMA within 14 days after publication of the notice.
204(9) Telecommunications Legislation Amendment (Competition and
572F Matters to be included in an infringement notice
572F(1) Matters to be included in an infringement notice
Infringement notice must contain specific details and information.
Obligation to provide specific information.
(a) set out the name of the person to whom the notice is given;
Obligation to provide explanation for payment.
(e) give an explanation of how payment of the penalty is to be made;
Multiple obligations in a single provision.
572F(2) Matters to be included in an infringement notice
Must provide specific information in an infringement notice
(2) For the purposes of paragraph (1)(c), the brief details must include...
...the date of the alleged contravention;
...the civil penalty provision that was allegedly contravened.
Contains information about infringement notice
...the following information in relation to the alleged contravention:
572G Amount of penalty
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.209
572G(1) Amount of penalty
Specify pecuniary penalty for infringement notice
572G(2) Amount of penalty
Determination of contraventions and penalty units
572G(3) Amount of penalty
Determination for a particular kind of contravention
572G(4) Amount of penalty
Penalty amount must be a pecuniary penalty equal to 12 penalty units.
(4) The penalty to be specified in an infringement notice given to a person other than a body corporate must be a pecuniary penalty equal to 12 penalty units.
572H Withdrawal of an infringement notice
Scope of withdrawal of an infringement notice
206 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.210
206(2) Telecommunications Legislation Amendment (Competition and
206(3) Telecommunications Legislation Amendment (Competition and
Withdrawal notice must be given within 28 days after infringement notice.
Must provide withdrawal notice within 28 days.
206(4) Telecommunications Legislation Amendment (Competition and
Commonwealth liable to refund penalty if infringement notice withdrawn after payment.
Imposes obligation on Commonwealth to refund penalty.
(4) If the penalty specified in the infringement notice is paid; and (b) the infringement notice is withdrawn after the penalty is paid;
the Commonwealth is liable to refund the penalty.
Defines temporal interval for liability.
(4) If: (a) the penalty specified in the infringement notice is paid; and (b) the infringement notice is withdrawn after the penalty is paid;
Defines inferential relationship between Commonwealth and refund.
572J What happens if the penalty is paid
572J(1) What happens if the penalty is paid
Payment of penalty triggers obligation to comply with infringement notice.
Obligation triggered by payment of penalty.
...the infringement notice is not withdrawn.
Payment of penalty occurs during infringement notice period.
...and (c) the infringement notice is not withdrawn.
572J(2) What happens if the penalty is paid
Liability is discharged upon payment of the penalty.
(2) Any liability of the person for the alleged contravention is discharged.
572J(3) What happens if the penalty is paid
Prevents bringing proceedings under Part 31 against the person for alleged contravention.
(3) Proceedings under Part 31 may not be brought against the person for the alleged contravention.
Defines a temporal interval during which proceedings are prohibited
Defines a recurring prohibition on bringing proceedings
Spreads the prohibition to all persons within a certain scope
Identifies the prohibition as a rule of conduct
572K Effect of this Part on civil proceedings
Does not require an infringement notice to be given in relation to an alleged contravention.
572L Appointment of authorised infringement notice officer
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.211
572L(1) Appointment of authorised infringement notice officer
Appointment of authorised infringement notice officer
572L(2) Appointment of authorised infringement notice officer
ACMA must not appoint a person under subsection (1) unless the person meets certain qualifications.
Prohibition of appointment without qualifications.
ACMA must appoint a person under subsection (1)
The ACMA may not appoint a person unless the person meets certain qualifications.
572M Guidelines relating to infringement notices
572M(1) Guidelines relating to infringement notices
Must regard relevant guidelines in exercising power.
572M(2) Guidelines relating to infringement notices
ACMA may formulate guidelines for infringement notices
208 Telecommunications Legislation Amendment (Competition and
No infringement notice can be given without guidelines in force.
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.212
Prohibition of issuing infringement notices without guidelines.
Guidelines must be in force under subsection (2).
572N Regulations
Regulations may make further provision in relation to infringement notices.
250 Application—infringement notices
Section applies in relation to alleged contravention of civil penalty provision after commencement.
Section applies to alleged contravention
251 Section 7 (definition of civil penalty provision)
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.213
210 Telecommunications Legislation Amendment (Competition and
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.214
252 Subsection 112(2)
Insertion of section 125AA after sections 124 and 125.
253 After section 125
125AA ACMA must determine an industry standard if directed by
125AA(1) ACMA must determine an industry standard if directed by
ACMA must determine an industry standard if directed by
125AA(2) ACMA must determine an industry standard if directed by
Industry standard must be known by a specific name
Must provide a standard with a specific name
125AA(3) ACMA must determine an industry standard if directed by
ACMA must consult a body or association before determining an industry standard.
125AA(4) ACMA must determine an industry standard if directed by
The Minister may direct ACMA to determine a standard under subsection (1) that applies to participants in a specified section of the telecommunications industry.
Establishes a temporal relationship between the standard and the telecommunications activities.
(b) deals with one or more specified matters relating to the telecommunications activities of those participants;
Requires consideration of specific matters when determining the standard.
Requires informing participants about the specific matters when determining the standard.
Requires utilizing specific knowledge when determining the standard.
125AA(5) ACMA must determine an industry standard if directed by
ACMA must not determine a standard under subsection (1) unless it does so in accordance with a direction under subsection (4).
15 Dec 2010
telecommunications-legislation-amendment-competition-and-consumer-safeguards-act-2010.pdf, p.217
22 Sept 2012