Telecommunications Legislation Amendment (Competition and Consumer) Act 2020
An Act to amend legislation relating to telecommunications, and for other purposes
1 Short title
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.5
2 Commencement
Commencement rules for provisions in the Act.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.6
1 Section 1
Table of sections and commencement provision
25 May 2020
2 Section 2
Schedule 1, effective one day after Royal Assent.
26 May 2020
3 Section 3
25 August 2020
4 Section 4
5 Section 5
1 July 2020
Clause applies to the specified paragraph (b)
6 Section 6
7 Section 7
The day after this Act receives the Royal Assent.
3 Schedules
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.7
3(1) Schedules
Amendment and repeal of legislation specified in a Schedule.
3(2) Schedules
Variation and revocation of Carrier Licence Conditions
3(3) Schedules
Regulations may amend or repeal certain provisions of the Legislation Act 2003.
4 Transitional—election to be bound by deemed standard functional
Election to be bound by deemed standard functional determination
5 Modelling of Regional Broadband Scheme
5(1) Modelling of Regional Broadband Scheme
ACCC must prepare a report on the Regional Broadband Scheme.
Includes estimates and other relevant matters
(a) the estimates referred to in subsection (3); and (b) such other matters (if any) as the ACCC considers relevant.
Report must be prepared during a specific timeframe
5(2) Modelling of Regional Broadband Scheme
Purpose of report is to provide updated costings for the Regional Broadband Scheme Charge Act.
5(3) Modelling of Regional Broadband Scheme
Estimate of losses and expected net losses for NBN Co
NBN Co must provide estimates of losses and expected net losses
5(4) Modelling of Regional Broadband Scheme
Modeling assumptions for estimates must be specified.
5(5) Modelling of Regional Broadband Scheme
Must use methodology and model from March 2016 report, updating inputs and assumptions.
ACCC must use methodology and model from March 2016 report
Obligation to update inputs and assumptions
ACCC must update inputs and assumptions of methodology and model
Changes occurred since March 2016 report
The inputs and assumptions of the methodology and model were updated since the publication of the March 2016 report
Obligation to use methodology and model from March 2016 report
ACCC must use the methodology and model developed by Department of Communications and the Arts’ Bureau of Communications Research
5(6) Modelling of Regional Broadband Scheme
Must consider changes in inputs for estimating chargeable premises and build costs.
Obligation to consider changes in inputs.
(6) Without limiting paragraph (5)(b), the following are changes that must be taken into account...
(a) changes in the inputs for estimating the total number of chargeable premises by reference to which charge is imposed...
(b) changes in the inputs for build costs in relation to fixed wireless broadband and satellite broadband matters.
(c) changes in the inputs for estimating future capital expenditure requirements...
5(7) Modelling of Regional Broadband Scheme
Assume Division 6 of Part 3 had not been enacted while preparing the report.
5(8) Modelling of Regional Broadband Scheme
Report must be given to Minister and made available on website within 150 days.
5(9) Modelling of Regional Broadband Scheme
Table report in Parliament within 5 sitting days
Minister must cause a copy of the report to be tabled in each House of the Parliament
5(10) Modelling of Regional Broadband Scheme
Exemptions from definition of 'Regional' for specific Acts
5(11) Modelling of Regional Broadband Scheme
Definitions for Regional Broadband Scheme
Regional Broadband Scheme Charge Act means the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
Regional Broadband Scheme Charge Act is a subclass of Regional Broadband Scheme
NBN Co has the same meaning as in the National Broadband Network Companies Act 2011.
NBN Co is a subclass of Regional Broadband Scheme
Minister means the Minister administering the Telecommunications Act 1997.
Minister is a subclass of Regional Broadband Scheme
1 Section 152AC
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.11
2 Section 152AGA
3 Subsections 152AL(3C) to (3H)
4 Subsection 152AL(8CA)
5 Subsections 152ALA(1) and (5)
Omit ‘(other than a declaration mentioned in subsection 152AL(3C))’.
6 Subsection 152ALA(5A)
7 Subsection 152AO(4)
8 Sections 152ARA and 152ARB
9 Paragraph 152AZ(aa)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.12
Prohibits omitting specified references.
10 Paragraph 152BA(2)(aa)
11 Subsection 152BB(1AA)
12 Subsection 152BC(4AA)
13 Subsections 152BCB(4G) to (4J)
14 Subsection 152BCB(5)
Substitute ‘or (4A)’ for ‘, (4A) or (4G)”.
Replaces ‘, (4A) or (4G)” with ‘or (4A)”.
15 Subsections 152BDA(4G) to (4J)
16 Subsection 152BDA(5)
17 Subsection 152BE(1B)
18 Sections 152BEBE to 152BEBG
19 Section 152BEC
Omit specified sections and substitute with new text.
20 Subsection 152BED(2)
Omit specified provisions and substitute with new text.
21 Subparagraphs 152CJH(a)(ia) and (ib)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.13
22 Subparagraph 152CJH(a)(iii)
Prohibits the omission of specified phrases.
23 Subparagraph 152CJH(a)(iv)
Omit specific phrases from the Telecommunications Act 1997
23A Section 7 (paragraph (a) of the definition of Layer 2
Repeal and substitute a paragraph with a new definition of Layer 2 bitstream service.
Imposes an obligation to repeal a paragraph.
23B Section 7 (definition of Layer 2 bitstream service)
Substitute text in section 7 definition of Layer 2 bitstream service
Imposes an obligation on the regulatory body to substitute text
24 Part 7
25 Subsection 349(16) (definition of local access line)
Repeal definition, substitute with new meaning.
26 After section 349
349A Local access line
27 Transitional—exemptions
Preserves effect of existing instruments under subsections 141A(1), 141A(2), and 141A(3) of the Telecommunications Act 1997.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.15
1 Section 3
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.16
2 Subsection 4(1)
Defines designated commencement date and functional separation undertaking.
3 Subsection 4(1) (at the end of the definition of local access
4 Subsection 4(1) (at the end of the definition of superfast
Addition to definition of superfast carriage service
Insertion of '(1)' before 'A carrier licence'
6 Section 5
Omit 'residential customers.' and substitute with 'residential customers, and: Local access lines'
Prohibit omitting 'residential customers.' and substituting it with another phrase
7 At the end of section 5
Functional separation undertaking given by a carrier
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.17
11 After paragraph 151BU(4)(da)
Inserts operation of Part 8 of the Telecommunications Act 1997
12 After subparagraph 151BUA(2)(b)(iia)
13 After subparagraph 151BUB(2)(b)(iia)
14 After subparagraph 151BUC(2)(b)(iia)
Inserts operation of Part 8 of the Telecommunications Act 1997 and Schedule 2 Local access lines
15 Section 12 (table item 61, column headed “Legislative
Inserts the Carrier Licence Conditions Declaration 2014 into the Telecommunications Act 1997
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.18
Imposes the Carrier Licence Conditions Declaration 2014 on the Telecommunications Act 1997
17 After subsection 69(4)
Exempts certain conditions from subsection (1)
18 After subsection 70(1)
19 Before paragraph 70(5)(a)
Inserts condition from Schedule 1 Part 1 into section 142C-151ZI
20 After subsection 102(4)
No subsection (1) applies to the rule set out in Part 1 of Schedule 2 in so far as that rule relates to certain sections.
Exclude subsection (1) from applying to the rule set out in Part 1 of Schedule 2.
The rule set out in Part 1 of Schedule 2
The rule set out in Part 1 of Schedule 2 overlaps with the sections listed.
The rule set out in Part 1 of Schedule 2 repeats the sections listed.
The rule set out in Part 1 of Schedule 2 diffuses the sections listed.
If subsection (1) does not apply to the rule set out in Part 1 of Schedule 2, then the sections listed are excluded.
21 After subsection 103(1)
Exempts certain rules from subsection (1)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.19
Subsection (1) does not apply to the rule set out in Part 1 of Schedule 2
Establishes temporal relationship between sections
Subsection (1) does not apply to the rule set out in Part 1 of Schedule 2 after subsection 103(1)
Section 21 is before section 103(1) in the schedule.
22 After subsection 103(4E)
Issuing formal warnings for contraventions of the service provider rule set.
23 Part 8 (heading)
Repeal heading and substitute with new text.
24 Section 142
Repeal section and substitute with new provision
142 Simplified outline of this Part
Controller of a local access line must not supply an eligible service to a person other than a carrier or a service provider.
Prohibition of supplying an eligible service to a person other than a carrier or a service provider.
the line came into existence, or was upgraded, on or after the designated commencement date;
must not supply an eligible service to a person other than a carrier or a service provider.
The line's existence overlaps with the designated commencement date.
The line is used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia.
the line is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia;
the line is recurring in supplying a superfast carriage service to residential customers, or prospective residential customers, in Australia.
The controller recognizes the line as a local access line.
The line's classification is validated by the controller.
no functional separation undertaking is in force;
25 Section 142A (definition of alter)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.20
26 Section 142A
Defines terms related to telecommunications services
27 Section 142A (definition of small business customer)
Repeal the definition of small business customer.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.22
28 Section 142A
Defines standard functional separation undertaking.
29 Section 142A (paragraph (b) of the definition of superfast
Omit 'more than 25 megabits per second' and substitute '25 megabits per second or more'
Prohibits carriage service below 25 megabits per second
30 Section 142A
Definition of supply in relation to a service
31 Section 142A (definition of upgrade)
32 Section 142A
Definitions for wholesale business unit, customer, wholesaler, worker, and joint functional separation undertaking.
Classifies entities by type/subclass hierarchy.
Requires relation between identifiable temporal intervals.
33 At the end of Division 1 of Part 8
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.23
142B Functional separation undertaking given by a person
Defines functional separation undertaking given by a person.
142BA Promotion of the long-term interests of end-users of carriage
Promotes long-term interests of end-users of carriage services
Part XIC of the Competition and Consumer Act 2010
same manner as it is determined for the purposes of Part XIC
the question whether a particular thing promotes the long-term interests of end-users of carriage services
142BB Terms and conditions
Treat notional contracts as actual contracts for terms and conditions
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.24
Treats notional contracts as actual contracts
142BC Unsatisfactory compliance record
Determine unsatisfactory compliance record based on breaches and contraventions.
Breaches and contraventions occur during undertakings
142BD Designated carriage service
142BD(1) Designated carriage service
Definition of designated carriage service
Carriage service is specified in an instrument under subsection (2)
142BD(2) Designated carriage service
Specify a carriage service for the purposes of paragraph (1)(a)
142BD(3) Designated carriage service
The ACCC must not specify a carriage service unless certain conditions are met.
The ACCC is prohibited from specifying a carriage service unless certain conditions are met.
34 Before section 143
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.25
142C Supply of eligible services to be on wholesale basis—lines that
142C(1) Supply of eligible services to be on wholesale basis—lines that
Local access lines must be part of a telecommunications network in Australia and used to supply a superfast carriage service to residential customers.
Must be part of a telecommunications network in Australia
142C(2) Supply of eligible services to be on wholesale basis—lines that
Prohibition on using a line to supply an eligible service unless it is supplied to a carrier or service provider.
142C(3) Supply of eligible services to be on wholesale basis—lines that
Exemptions from subsection (2) for functional separation undertakings
142C(4) Supply of eligible services to be on wholesale basis—lines that
A person must not aid, abet, counsel or procure a contravention of subsection (2);
142C(5) Supply of eligible services to be on wholesale basis—lines that
No supply of eligible services on wholesale basis—lines that
Prohibition of supply of eligible services on wholesale basis—lines that
35 Section 143 (heading)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.27
143 Supply of eligible services to be on wholesale basis—networks in
Supply of eligible services on wholesale basis—networks in existence before designated commencement date
36 Paragraph 143(1)(b)
37 Subparagraph 143(1)(d)(i)
38 Subparagraph 143(1)(d)(ii)
39 Subparagraph 143(1)(d)(ii)
Omit “or small business” (wherever occurring).
40 Subsection 143(1) (note 2)
41 Subsections 143(2) and (3)
41(2) Subsections 143(2) and (3)
Prohibition on using the line to supply an eligible service unless it is supplied to a carrier or service provider.
41(3) Subsections 143(2) and (3)
Functional separation undertaking exemption from subsection (2) application
Line came into existence after notice given
41(4) Subsections 143(2) and (3)
Exemption from subsection (2) for specific conditions
(a) the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 is in force;
(b) the line is part of the infrastructure of a designated telecommunications network (within the meaning of that declaration);
(c) a carrier owns or operates the network;
(d) as a result of the application of section 5 of that declaration to the network, the carrier licence held by the carrier is subject to the conditions set out in subsections 6(5), (5A), (6), (7) and (8) of that declaration.
(e) the line is not part of the infrastructure of a designated telecommunications network (within the meaning of that declaration);
41(5) Subsections 143(2) and (3)
(5) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (2);
(5) A person must not: (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2);
A person must not induce, whether by threats or promises or otherwise, a contravention of subsection (2);
(5) A person must not: (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2);
A person must not be in any way, directly or indirectly, knowingly concerned in, nor party to, a contravention of subsection (2);
(5) A person must not: (d) conspire with others to effect a contravention of subsection (2);
A person must not conspire with others to effect a contravention of subsection (2);
(5) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (2); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2); or (d) conspire with others to effect a contravention of subsection (2).
A person must not aid, abet, counsel or procure a contravention of subsection (2), or induce, whether by threats or promises or otherwise, a contravention of subsection (2), or be in any way, directly or indirectly, knowingly concerned in, nor party to, a contravention of subsection (2), or conspire with others to effect a contravention of subsection (2);
41(6) Subsections 143(2) and (3)
42 After section 143
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.29
143AA Judicial enforcement of prohibitions
143AA(1) Judicial enforcement of prohibitions
Federal Court may make orders against a person who contravenes specified subsections.
Prohibits a person from contravening specified subsections.
143AA(2) Judicial enforcement of prohibitions
Federal Court may discharge or vary an order granted under this section.
Prohibits discharge or variation of orders granted under this section.
143A Class exemptions
143A(1) Class exemptions
Person must provide written notice to ACCC before being bound by determination.
Must provide written notice before being bound.
Exemptions apply to specified classes of persons.
143A(2) Class exemptions
143A(3) Class exemptions
Ensure designated carriage service availability and non-discrimination for wholesale customers.
Designated carriage service availability
Ensure designated carriage service availability
Non-discrimination in supply of designated carriage services
143A(4) Class exemptions
Exemptions for wholesale customers with reasonable grounds to comply
Allows discrimination against wholesale customers
143A(5) Class exemptions
Grounds for believing a wholesale customer is not creditworthy
(5) Examples of grounds for believing as mentioned in subsection (4)
include: (a) evidence that the wholesale customer or prospective wholesale customer is not creditworthy; and (b) repeated failures by the wholesale customer or prospective wholesale customer to comply with the terms and conditions on which the person supplied eligible services
143A(6) Class exemptions
No condition or limitation specified in a determination under subsection (7) can be imposed.
(6) A determination under subsection (1) or (2) must not specify a condition or limitation of a kind specified in a determination under subsection (7).
Requires a relation between identifiable temporal intervals.
143A(7) Class exemptions
Criteria for making determination of conditions or limitations.
143A(8) Class exemptions
Consider long-term interests of end-users and specified matters when making a determination.
143A(9) Class exemptions
Authority to determine matters for exemptions
143A(10) Class exemptions
Definition of associated group for control purposes
143B Compliance with conditions and limitations of exemption
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.33
143B(1) Compliance with conditions and limitations of exemption
Comply with conditions or limitations of exemption after designated commencement date
143B(2) Compliance with conditions and limitations of exemption
Prohibition on aiding, abetting, or conspiring to contravene subsection (1)
143B(3) Compliance with conditions and limitations of exemption
State is obligated to enforce the civil penalty provision
143C Judicial enforcement of conditions and limitations of
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.34
143C(1) Judicial enforcement of conditions and limitations of
Court may direct person to comply with condition or limitation.
Court has obligation to direct person to comply.
143C(2) Judicial enforcement of conditions and limitations of
May discharge or vary an order granted under this section.
Permission to discharge or vary an order
143D Publication of list of persons who have elected to be bound by
Publish a list of persons who have elected to be bound by exemption determinations.
Must publish a list of persons who have elected to be bound by exemption determinations.
143E Exemptions—certain real estate development projects etc.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.35
143E(1) Exemptions—certain real estate development projects etc.
Exemptions for certain real estate development projects
Exempts infrastructure from sections 142C and 143
(c) a carrier installs telecommunications network infrastructure; (d) the infrastructure mentioned in paragraph (c) is part of the extension;
Defines temporal interval for exemptions
(b) on or after the designated commencement date, the network is extended to another area that is being, or is to be, developed as another stage of the project;
Justifies exemptions based on development stages
(i) on 1 January 2011, was being developed as a particular stage of a real estate development project; or (ii) before 1 January 2011, was developed as a particular stage of a real estate development project;
Defines extension of exemptions to new areas
Classifies exemptions based on development stages and network extensions
(a) a part of the infrastructure of a telecommunications network is situated in a particular area that...
143E(2) Exemptions—certain real estate development projects etc.
Exemptions for telecommunications network infrastructure in real estate development projects
Allows exemptions for telecommunications network infrastructure in real estate development projects
...the infrastructure mentioned in paragraph (c) is exempt from sections 142C and 143.
Defines exemptions for telecommunications network infrastructure in real estate development projects
...the project area of a building redevelopment project that belongs to a class of building redevelopment projects under subsection (8); and
Specifies the period during which exemptions apply
(i) beginning at the start of the designated commencement date; and
...ending when the Minister makes a declaration under section 48 of the National Broadband Network Companies Act 2011 that, in the Minister’s opinion, the national broadband network should be treated as built and fully operational;
Specifies recurring exemptions for telecommunications network infrastructure in real estate development projects
...the project area of a building redevelopment project that belongs to a class of building redevelopment projects specified under subsection (8); or
...the infrastructure mentioned in paragraph (c) is part of the extension; the infrastructure mentioned in paragraph (c) is exempt from sections 142C and 143.
143E(3) Exemptions—certain real estate development projects etc.
Specify one or more real estate development projects for the purposes of subsection (2)(b)(iii).
Permission to specify real estate development projects.
143E(4) Exemptions—certain real estate development projects etc.
Exemptions from Legislation Act 2003 application
143E(5) Exemptions—certain real estate development projects etc.
Specify classes of real estate development projects
143E(6) Exemptions—certain real estate development projects etc.
Specify building redevelopment projects for certain purposes.
143E(7) Exemptions—certain real estate development projects etc.
Exemptions from Legislation Act 2003 apply to subsection (6) of this section.
Exemptions from Legislation Act 2003 apply.
Subsection (6) of this section is exempted.
Exemptions imply that subsections are exempted.
Exemptions infer that subsections are exempted.
143E(8) Exemptions—certain real estate development projects etc.
Specify classes of building redevelopment projects
143E(9) Exemptions—certain real estate development projects etc.
Project must be a building redevelopment project involving refurbishment or repurposing of buildings for sale or lease.
The project must be a building redevelopment project.
It is an obligation to classify the project as such.
143E(10) Exemptions—certain real estate development projects etc.
Defines project area for building redevelopment project
Defines temporal relationship between project and building redevelopment
Project area is defined by the building or buildings
The project area includes the occupied area of the building(s)
Establishes a specific scope for the section
This section defines the project area for building redevelopment projects
The project area is defined by this section
143E(11) Exemptions—certain real estate development projects etc.
143F Exemptions—lines installed in close proximity to other lines
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.37
143F(1) Exemptions—lines installed in close proximity to other lines
Exemptions for certain lines installed in close proximity to other lines
Defines the designated commencement date
(a) a telecommunications network came into existence on or after 1 January 2011;
the coming into existence of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the line;
(c) the coming into existence of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the line;
the premises are in close proximity to a line that forms part of the infrastructure of the network as the network stood immediately before the designated commencement date;
Defines the temporal relationship between the telecommunications network and the line
the line mentioned in paragraph (b) is used to supply a superfast carriage service;
Defines the relationship between the premises and the network
(d) the premises are in close proximity to a line that forms part of the infrastructure of the network as the network stood immediately before the designated commencement date;
the line mentioned in paragraph (b) is exempt from section 142C.
(e) the line mentioned in paragraph (b) is used to supply a superfast carriage service;
143F(2) Exemptions—lines installed in close proximity to other lines
Exemptions for lines installed in close proximity to other lines
143G Exemptions—networks covered by exemption instruments
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.38
143G(1) Exemptions—networks covered by exemption instruments
Exemptions for certain lines under the Telecommunications (Network Exemption—TransACT Very Small Scale Networks) Instrument 2012
(1) If the Telecommunications (Network Exemption—TransACT Very Small Scale Networks) Instrument 2012 was in force...
...the line is exempt from section 142C.
Line must be part of infrastructure within certain networks
(c) the line forms part of the infrastructure of...
Line must be within certain networks for exemption to apply
(i) an ACT Very Small Scale Network that is a FTTP network or a VDSL network...
Exemption applies if instrument was in force and conditions are met
(a) the Telecommunications (Network Exemption—TransACT Very Small Scale Networks) Instrument 2012 was in force at...
Multiple conditions must be met for exemption to apply
143G(2) Exemptions—networks covered by exemption instruments
Exemptions for lines in the Telstra South Brisbane Network
Line must exist during designated commencement date
...and a line came into existence on or after the designated commencement date;
143G(3) Exemptions—networks covered by exemption instruments
Exemptions for certain lines in TransACT Upgraded VDSL Networks
Line is exempt from section 142C if certain conditions are met
(3) If the Telecommunications (Network Exemption—TransACT Upgraded VDSL Networks) Instrument 2012 was in force...
Line comes into existence on or after designated commencement date
(b) a line came into existence on or after the designated commencement date;
...the line forms part of the infrastructure of a TransACT Upgraded VDSL Network.
Line is part of infrastructure of TransACT Upgraded VDSL Network
(c) the line forms part of the infrastructure of a TransACT Upgraded VDSL Network (within the meaning of that instrument);
Instrument has not ceased to be in force
(d) that instrument has not ceased to be in force;
143G(4) Exemptions—networks covered by exemption instruments
Exemptions for lines in Specified Velocity Networks
(a) the Telecommunications (Network Exemption—Specified Velocity Networks) Instrument 2012 was in force at the start of the designated commencement date;
(c) the line forms part of the infrastructure of a Specified Velocity Network (within the meaning of that instrument);
143G(5) Exemptions—networks covered by exemption instruments
Assume modified definition of Specified Velocity Network
143H Exemption—networks marketed as business networks
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.40
143H(1) Exemption—networks marketed as business networks
Exemption for local access lines marketed as business networks
143H(2) Exemption—networks marketed as business networks
43 At the end of section 144
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.41
43(7) At the end of section 144
Minister cannot make an instrument under subsection (1)
(7) The Minister must not make an instrument under subsection (1)
The Minister cannot make an instrument under subsection (1)
43(2) At the end of section 144
43(8) At the end of section 144
Minister can vary an instrument after commencement date
44 Subsections 145(1), (3) and (5)
Substitute specific subsections in a provision.
45 Subsection 146(1)
Substitute specific subsections in a tax law.
46 Subsection 147(1)
Substitute specific subsections in section 143(2)
47 Subsection 148(1)
48 Subsection 149(1)
Substitute specific subsections in a regulation.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.42
49 Subsection 150(1)
50 Subsection 151(1)
51 Before Division 3 of Part 8
151A Standard functional separation undertaking
151A(1) Standard functional separation undertaking
A corporation may give a written undertaking to the ACCC.
151A(2) Standard functional separation undertaking
Standard functional separation undertaking requirements
151A(3) Standard functional separation undertaking
151A(4) Standard functional separation undertaking
The undertaking must be in a form approved by the ACCC and accompanied by relevant information.
151A(5) Standard functional separation undertaking
The undertaking must specify the expiry time.
151A(6) Standard functional separation undertaking
Describes the expiry time of an undertaking by reference to a period beginning when it comes into force.
Specifies a temporal interval for the expiry time
151A(7) Standard functional separation undertaking
Does not limit subsection (5) by implication.
151A(8) Standard functional separation undertaking
Expiry time of undertaking must not exceed 10 years after coming into force.
151A(9) Standard functional separation undertaking
States that certain provisions are fundamental and may state additional ones.
151A(10) Standard functional separation undertaking
The undertaking must provide periodic reports to the ACCC.
The undertaking must provide periodic reports.
151A(11) Standard functional separation undertaking
The undertaking must provide a compliance plan and notify the ACCC of any variations.
The undertaking must provide a compliance plan.
151A(12) Standard functional separation undertaking
The ACCC may perform functions or exercise powers in relation to the undertaking.
151A(13) Standard functional separation undertaking
ACCC may determine kinds of information for paragraphs (2)(j) and (k)
151A(14) Standard functional separation undertaking
Minister may determine provisions by legislative instrument.
151A(15) Standard functional separation undertaking
Minister may determine kinds of provisions
151A(16) Standard functional separation undertaking
Determine a fee or method of ascertaining a fee
151A(17) Standard functional separation undertaking
No fee can be such as to amount to taxation.
Defines a temporal interval for non-taxation.
(17) A fee determined under, or ascertained in accordance with, subsection (16)
Establishes a relationship between fees and taxation.
Spreads the prohibition on taxation by fee.
Applies AI to understand the prohibition on taxation by fee.
151B Deemed standard functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.46
151B(1) Deemed standard functional separation undertaking
Deemed standard functional separation undertaking
151B(1A) Deemed standard functional separation undertaking
Functional separation undertaking must comply with certain provisions.
151B(1B) Deemed standard functional separation undertaking
Prohibition on provision of a kind specified in a determination under subsection 151A(15)
(1B) A functional separation undertaking covered by a determination under subsection (1) must not contain...
151B(2) Deemed standard functional separation undertaking
Exemptions from certain provisions for functional separation undertakings
151B(3) Deemed standard functional separation undertaking
Corporation can give another standard functional separation undertaking without cancelling the previous one.
151B(4) Deemed standard functional separation undertaking
151B(5) Deemed standard functional separation undertaking
Publish notice and consider submissions before making a determination.
Duty to publish notice and consider submissions.
151B(6) Deemed standard functional separation undertaking
Time limit must not be shorter than 15 business days after notice is published.
151B(7) Deemed standard functional separation undertaking
Revocation of standard functional separation undertaking election
...the ACCC may, by written notice given to the person, revoke the election.
ACCC obligation to revoke election if conditions met
...the ACCC is satisfied that the person has an unsatisfactory compliance record in relation to functional separation;
...the ACCC is not satisfied that the person has an unsatisfactory compliance record in relation to functional separation;
Person right to request revocation if conditions met
151C Joint functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.48
151C(1) Joint functional separation undertaking
Obligation to provide joint written undertaking
151C(2) Joint functional separation undertaking
Joint functional separation undertaking requirements
151C(3) Joint functional separation undertaking
151C(4) Joint functional separation undertaking
151C(5) Joint functional separation undertaking
The undertaking must specify the expiry time of the undertaking.
151C(6) Joint functional separation undertaking
Describes how the expiry time of an undertaking may be determined.
151C(7) Joint functional separation undertaking
151C(8) Joint functional separation undertaking
(8) The expiry time of the undertaking must not be more than 10 years after the undertaking comes into force.
Temporal relationship between expiry time and coming into force
Temporal ordering between expiry time and coming into force
Obligation to comply with expiry time limit
151C(9) Joint functional separation undertaking
151C(10) Joint functional separation undertaking
Wholesaler must provide periodic compliance reports to ACCC.
Must provide periodic compliance reports.
151C(11) Joint functional separation undertaking
Retailer must provide periodic compliance reports to the ACCC.
151C(12) Joint functional separation undertaking
Wholesaler must prepare a compliance plan and provide it to the ACCC.
151C(13) Joint functional separation undertaking
Retailer must prepare a compliance plan and provide it to the ACCC.
151C(14) Joint functional separation undertaking
ACCC may perform functions and exercise powers in accordance with the undertaking.
ACCC may perform functions and exercise powers.
151C(15) Joint functional separation undertaking
ACCC may determine kinds of information for paragraphs (2)(o) and (p)
151C(16) Joint functional separation undertaking
151C(17) Joint functional separation undertaking
151C(18) Joint functional separation undertaking
ACCC may determine a fee or method of ascertaining a fee.
151C(19) Joint functional separation undertaking
151D Further information about undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.54
151D(1) Further information about undertaking
151D(2) Further information about undertaking
The ACCC may request further information about the undertaking.
Request for information is during the undertaking
(2) The ACCC may request the person or persons to give the ACCC further information about the undertaking.
Request for information is a valid argument
Request for information is a diffusion of knowledge
Request for information is a cognitive action
151D(3) Further information about undertaking
The ACCC may refuse to consider the undertaking until the person or persons give the ACCC the information.
151D(4) Further information about undertaking
ACCC may withdraw its request for further information.
151E Withdrawal of undertaking that is under consideration
151E(1) Withdrawal of undertaking that is under consideration
Withdrawal of undertaking that is under consideration
151E(2) Withdrawal of undertaking that is under consideration
Withdrawal of undertaking under consideration
(2) The person or persons may withdraw the undertaking at any time...
151E(3) Withdrawal of undertaking that is under consideration
151E(4) Withdrawal of undertaking that is under consideration
Refund of fee upon withdrawal of undertaking
the ACCC may, on behalf of the Commonwealth, refund the whole or a part of the fee.
Temporal relation between withdrawal and refund
151F ACCC to accept or reject functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.55
151F(1) ACCC to accept or reject functional separation undertaking
ACCC to accept or reject functional separation undertaking
151F(2) ACCC to accept or reject functional separation undertaking
Must accept or reject functional separation undertaking
151F(3) ACCC to accept or reject functional separation undertaking
ACCC must give written notice upon accepting undertaking
151F(4) ACCC to accept or reject functional separation undertaking
ACCC must give written notice to person or persons if undertaking is rejected.
written notice with reasons for rejection
151F(5) ACCC to accept or reject functional separation undertaking
ACCC must take steps to ensure a decision is made within 3 months after receiving the undertaking.
Obligation to take steps within a timeframe.
151F(6) ACCC to accept or reject functional separation undertaking
Disregard a day in the period specified in the notice when calculating the 3-month period.
Obligation to disregard a day in the period specified in the notice.
The ACCC has given a notice under section 151K in relation to the undertaking.
Obligation to disregard a day in the period beginning on the day on which the notice was given and ending at the end of the time limit specified by the ACCC when it published the varied undertaking under section 151G.
Disregard a day in the period beginning on the day on which the notice was given and ending at the end of the time limit specified by the ACCC when it published the varied undertaking under section 151G.
Obligation to disregard a day in the period beginning on the day on which the ACCC published the undertaking under section 151G and ending at the end of the time limit specified by the ACCC when it published the undertaking under section 151G.
The ACCC has not given a notice under section 151K in relation to the undertaking.
Disregard a day in the period beginning on the day on which the ACCC published the undertaking under section 151G and ending at the end of the time limit specified by the ACCC when it published the undertaking under section 151G.
Obligation to disregard a day during any part of which the request, or any part of the request, remains unfulfilled.
The ACCC has requested further information under section 151D in relation to the undertaking.
Disregard a day during any part of which the request, or any part of the request, remains unfulfilled.
Prohibition on disregarding a day in the period specified in the notice when calculating the 3-month period.
Do not disregard a day in the period specified in the notice when calculating the 3-month period.
Prohibition on disregarding a day in the period beginning on the day on which the notice was given and ending at the end of the time limit specified by the ACCC when it published the varied undertaking under section 151G.
Do not disregard a day in the period beginning on the day on which the notice was given and ending at the end of the time limit specified by the ACCC when it published the varied undertaking under section 151G.
151F(7) ACCC to accept or reject functional separation undertaking
ACCC may extend initial 3-month period for functional separation undertaking by written notice.
Permission to extend initial 3-month period.
Excerpt is part of a provision classifying legislative provisions.
151F(8) ACCC to accept or reject functional separation undertaking
ACCC must publish notice on website after receiving notice from ACCC
ACCC must publish copy of notice on ACCC's website
Notice must be published after receiving notice from ACCC
The notice is given at least as soon as practicable after the ACCC gives a notice under subsection (7)
Notice must be published on website for all time
ACCC publishes copy of notice on ACCC's website
The notice is published on the ACCC's website for all time
Notice is a publication that can be accessed by anyone
The notice is published on the ACCC's website and can be accessed by anyone
The notice is published on the ACCC's website and is a digital publication
151G Consultation—acceptance or rejection of undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.57
151G(1) Consultation—acceptance or rejection of undertaking
151G(2) Consultation—acceptance or rejection of undertaking
Publish notice and consider submissions before making a decision on the undertaking.
Submissions to the ACCC within the specified time limit
Obligation to publish notice and consider submissions
151G(3) Consultation—acceptance or rejection of undertaking
Time limit for acceptance or rejection of undertaking must not be shorter than 15 business days after notice is published.
Time limit must not be shorter than 15 business days.
(3) The time limit must not be shorter than 15 business days after the notice is published.
151H Serial undertakings
151H(1) Serial undertakings
ACCC may refuse to consider another functional separation undertaking if it is materially similar to a previous one.
Prohibition of considering another undertaking
151H(2) Serial undertakings
Refuse to consider another joint functional separation undertaking if the ACCC is satisfied that its provisions are materially similar to the first one.
151H(3) Serial undertakings
ACCC must refund fee if refused to consider undertaking and paid a fee.
(3) If the ACCC refuses to consider a functional separation undertaking under this section; and (b) a person or persons have paid a fee in relation to the undertaking;
the ACCC must, on behalf of the Commonwealth, refund the fee.
(3) If: (a) the ACCC refuses to consider a functional separation undertaking under this section; and (b) a person or persons have paid a fee in relation to the undertaking;
151J Criteria for accepting functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.58
151J(1) Criteria for accepting functional separation undertaking
Criteria for accepting functional separation undertaking
151J(2) Criteria for accepting functional separation undertaking
ACCC must consider certain matters when deciding to accept a functional separation undertaking.
ACCC has an obligation to consider certain matters when deciding to accept a functional separation undertaking.
(2) In deciding whether to accept the undertaking, the ACCC must have regard to:
The excerpt defines a class of undertakings that are subject to certain criteria.
The excerpt defines a temporal interval for considering matters when deciding to accept an undertaking.
The excerpt defines a temporal trace for considering matters when deciding to accept an undertaking.
151J(3) Criteria for accepting functional separation undertaking
Minister may determine matters for purposes of paragraph (2)(b)
151K Variation of functional separation undertaking that is under
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.59
151K(1) Variation of functional separation undertaking that is under
Variation of functional separation undertaking that is under
151K(2) Variation of functional separation undertaking that is under
The ACCC must consider a varied undertaking under section 151F as if it had been given instead of the original undertaking.
The ACCC must consider a varied undertaking.
151K(3) Variation of functional separation undertaking that is under
ACCC must consider varied undertaking under section 151F
151K(4) Variation of functional separation undertaking that is under
Duty to consider notice under subsection (2) is not obligatory
151L Replacement of functional separation undertaking that is
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.60
151L(1) Replacement of functional separation undertaking that is
Replacement of functional separation undertaking that is given to the ACCC.
151L(2) Replacement of functional separation undertaking that is
The ACCC may give a written notice stating that it would be inclined to accept a joint functional separation undertaking if certain conditions are met.
151L(3) Replacement of functional separation undertaking that is
Duty to consider notice under subsection (2)
151M Renewal of functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.61
151M(1) Renewal of functional separation undertaking
Renewal of functional separation undertaking
151M(2) Renewal of functional separation undertaking
Renewal of joint functional separation undertaking
151N Variation of expiry time of certain functional separation
151N(1) Variation of expiry time of certain functional separation
ACCC may vary the expiry time of a standard functional separation undertaking.
151N(2) Variation of expiry time of certain functional separation
Expiry time of certain functional separation must be later than rejection and not later than 12 months after rejection.
(2) The expiry time specified in the notice:
Not later than 12 months after rejection
151N(3) Variation of expiry time of certain functional separation
Exempts notice under subsection (1) from Subsection 151A(8)
151N(4) Variation of expiry time of certain functional separation
ACCC may vary the expiry time of a joint functional separation undertaking
151N(5) Variation of expiry time of certain functional separation
Expiry time of certain functional separation must be later than rejection of other undertaking and not later than 12 months after.
Must be later than rejection of other undertaking
(5) The expiry time specified in the notice:
Must not be later than 12 months after rejection of other undertaking
151N(6) Variation of expiry time of certain functional separation
Exempts notice under subsection (4) from subsection 151C(8)
151N(7) Variation of expiry time of certain functional separation
Publish notice on website and consider submissions before varying functional separation undertaking.
151N(8) Variation of expiry time of certain functional separation
The time limit must not be shorter than 15 business days after the notice is published.
Obligation to maintain a minimum time limit
(8) The time limit must not be shorter than 15 business days after the notice is published.
The time limit must be at least 15 business days after the notice is published.
The time limit overlaps with at least 15 business days after the notice is published.
The obligation to maintain a minimum time limit diffuses to at least 15 business days after the notice is published.
The cognitive AI recognizes the obligation to maintain a minimum time limit.
151P Duration of functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.63
151P(1) Duration of functional separation undertaking
Functional separation undertaking accepted by ACCC
151P(2) Duration of functional separation undertaking
Duration of functional separation undertaking
151P(3) Duration of functional separation undertaking
Requires temporal intervals for conditional commencement
151Q Variation of functional separation undertaking that is in force
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.64
151Q(1) Variation of functional separation undertaking that is in force
Variation of functional separation undertaking that is in force
151Q(2) Variation of functional separation undertaking that is in force
151Q(3) Variation of functional separation undertaking that is in force
Compliance with specific subsections required for varied undertaking
151Q(4) Variation of functional separation undertaking that is in force
Variation of joint functional separation undertaking must comply with specific subsections and paragraph.
151Q(5) Variation of functional separation undertaking that is in force
Must provide information and fee for variation of functional separation undertaking
151Q(6) Variation of functional separation undertaking that is in force
151Q(7) Variation of functional separation undertaking that is in force
No fee can be set to amount to taxation.
Prohibits setting a fee that amounts to taxation.
151R Further information about variation of functional separation
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.65
151R(1) Further information about variation of functional separation
Request for further information if a variation of functional separation is given to the ACCC.
151R(2) Further information about variation of functional separation
Request for further information about variation of functional separation
Obligation to provide further information
151R(3) Further information about variation of functional separation
The ACCC may refuse to consider the variation until the person or persons give the ACCC the information.
The ACCC must refuse to consider the variation until the person or persons give the ACCC the information.
151R(4) Further information about variation of functional separation
151S Withdrawal of variation that is under consideration
151S(1) Withdrawal of variation that is under consideration
Variation of standard functional separation undertaking must be given to ACCC.
151S(2) Withdrawal of variation that is under consideration
Withdrawal of variation under consideration at any time before ACCC decision.
Permission to withdraw variation under consideration.
151S(3) Withdrawal of variation that is under consideration
Allow person or persons to give a fresh variation
151S(4) Withdrawal of variation that is under consideration
ACCC may refund fee if person withdraws variation and pays fee.
...the ACCC may, on behalf of the Commonwealth, refund the whole or a part of the fee.
(4) If (a) the person or persons withdraw the variation; and (b) the person or persons have paid a fee in relation to the variation;
Fee payment is recurrent with withdrawal.
151T ACCC to accept or reject variation
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.66
151T(1) ACCC to accept or reject variation
ACCC must accept or reject variation of standard functional separation undertaking
Obligation to accept or reject variation
151T(2) ACCC to accept or reject variation
Must accept or reject variation after considering it.
151T(3) ACCC to accept or reject variation
ACCC must give written notice to person or persons accepting variation
written notice stating acceptance and terms of variation
151T(4) ACCC to accept or reject variation
ACCC must give written notice to person or persons within 3 months of rejecting variation
151T(5) ACCC to accept or reject variation
Ensure decision about variation is made within 3 months after receiving variation.
...within 3 months after receiving the variation.
(5) The ACCC must take all reasonable steps...
151T(6) ACCC to accept or reject variation
Disregard certain days when calculating the 3-month period
Exclusion of certain days from calculation
(6) In calculating the 3-month period referred to in subsection (5), disregard: (a) a day in the period: (i) beginning on the day on which the ACCC published the variation under section 151U; and (ii) ending at the end of the time limit specified by the ACCC when it published the variation under section 151U;
(6) In calculating the 3-month period referred to in subsection (5), disregard a day in the period: ...
151T(7) ACCC to accept or reject variation
ACCC may extend initial 3-month period for decision on variation
151T(8) ACCC to accept or reject variation
Publish a copy of the notice on the ACCC’s website.
151U Consultation—acceptance or rejection of variation
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.68
151U(1) Consultation—acceptance or rejection of variation
Consultation required for variation of standard functional separation undertaking or joint functional separation undertaking.
151U(2) Consultation—acceptance or rejection of variation
Publish notice and invite submissions before making a decision on variation.
Submissions within the specified time limit
Obligation to publish notice and invite submissions
151U(3) Consultation—acceptance or rejection of variation
Time limit for acceptance or rejection of variation must not be shorter than 15 business days after notice is published.
15 business days after notice is published
The time interval of 15 business days must be greater than or equal to the time interval of the notice being published
The time limit equals 15 business days after the notice is published
The trace of the time limit must be greater than or equal to the trace of the notice being published
The diffusion of the time limit must be greater than or equal to the diffusion of the notice being published
The cognitive agent must have a belief that the time limit equals 15 business days after the notice is published
151V Criteria for accepting variation
151V(1) Criteria for accepting variation
Criteria for accepting variation of standard functional separation undertaking or joint functional separation undertaking
The section applies to the specified conditions
(1) This section applies if: (a) a person gives the ACCC a variation of a standard functional separation undertaking; or (b) 2 or more persons give the ACCC a variation of a joint functional separation undertaking.
The section applies to variations that occur at specific times
151V(2) Criteria for accepting variation
ACCC must consider certain matters when deciding to accept a variation.
151V(3) Criteria for accepting variation
Authority to determine matters for variation purposes
151W Revocation of functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.69
151W(1) Revocation of functional separation undertaking
Revocation of functional separation undertaking if breach or contravention occurs.
Prohibits revocation of undertaking if breach or contravention occurs.
(a) a standard functional separation undertaking given by a person is in force; and (b) the person has breached a fundamental provision of the undertaking or contravened section 151ZF or 151ZG;
The ACCC may not revoke the undertaking if breach or contravention occurs.
Undertaking revocation overlaps with breach or contravention conditions.
(1) If: (a) a standard functional separation undertaking given by a person is in force; and (b) the person has breached a fundamental provision of the undertaking or contravened section 151ZF or 151ZG;
The revocation of the undertaking overlaps with the conditions for breach or contravention.
Undertaking revocation is an overlapping trace.
The revocation of the undertaking is an overlapping trace.
Prohibits ACCC from taking action if breach or contravention occurs.
The ACCC may not take action if breach or contravention occurs.
151W(2) Revocation of functional separation undertaking
Revocation of functional separation undertaking if unsatisfactory compliance record
Prohibits revocation of undertaking if unsatisfactory compliance record
(2) If a standard functional separation undertaking given by a person is in force; and the ACCC is satisfied that the person has an unsatisfactory compliance record in relation to functional separation;
the ACCC may, by written notice given to the person, revoke the undertaking
Defines temporal interval for revocation of undertaking
(2) If: (a) a standard functional separation undertaking given by a person is in force; and (b) the ACCC is satisfied that the person has an unsatisfactory compliance record in relation to functional separation;
Defines recurring trace for revocation of undertaking
Diffuses revocation of undertaking if unsatisfactory compliance record
Infer revocation of undertaking if unsatisfactory compliance record
151W(3) Revocation of functional separation undertaking
The ACCC must revoke a standard functional separation undertaking upon request.
the ACCC must, by written notice given to the person, revoke the undertaking.
151W(4) Revocation of functional separation undertaking
Revocation of functional separation undertaking
151W(5) Revocation of functional separation undertaking
151W(6) Revocation of functional separation undertaking
Revocation of joint functional separation undertaking upon breach or contravention.
Prohibits joint functional separation undertaking upon breach or contravention.
(6) If: (a) a joint functional separation undertaking given by 2 or more persons is in force; and (b) any of those persons has: (i) breached a fundamental provision of the undertaking; or (ii) contravened section 151ZF or 151ZG; the ACCC may, by written notice given to each of those persons, revoke the undertaking.
Allows revocation of joint functional separation undertaking upon breach or contravention.
Requires revocation of joint functional separation undertaking upon breach or contravention.
151W(7) Revocation of functional separation undertaking
Revocation of joint functional separation undertaking if unsatisfactory compliance record found.
Prohibits joint functional separation undertaking if unsatisfactory compliance record found.
(7) If: (a) a joint functional separation undertaking given by 2 or more persons is in force; and (b) the ACCC is satisfied that any of those persons has an unsatisfactory compliance record in relation to functional separation;
the ACCC may, by written notice given to each of those persons, revoke the undertaking.
Revokes joint functional separation undertaking if unsatisfactory compliance record found.
Requires ACCC to revoke joint functional separation undertaking if unsatisfactory compliance record found.
Revocation occurs within a specified time frame if unsatisfactory compliance record found.
Diffuses revocation decision to all parties involved in joint functional separation undertaking.
151W(8) Revocation of functional separation undertaking
Revocation of joint functional separation undertaking upon request.
Prohibits revocation of joint functional separation undertaking without request.
(a) a joint functional separation undertaking given by 2 or more persons is in force;
the ACCC must, by written notice given to each of those persons, revoke the undertaking.
Defines temporal interval for revocation of joint functional separation undertaking.
(8) If: Local access lines Schedule 2 No. 47, 2020 Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 (a) a joint functional separation undertaking given by 2 or more persons is in force; and
Defines recurring trace for revocation of joint functional separation undertaking.
Imposes obligation on ACCC to revoke joint functional separation undertaking upon request.
(b) those persons request the ACCC, in writing, to revoke the undertaking;
Implies revocation of joint functional separation undertaking upon request.
151W(9) Revocation of functional separation undertaking
Time specified in the notice of revocation
151W(10) Revocation of functional separation undertaking
Prohibition on applying undertaking to local access line services supplied using a local access line that came into existence after notice was given.
Temporal overlap between notice period and local access line existence
(10) After the giving of a notice of revocation of a joint functional separation undertaking under subsection (6), (7) or (8),
Notice period implies prohibition on applying undertaking to local access line services
Classification of undertaking based on notice period and local access line existence
151W(11) Revocation of functional separation undertaking
Must consider certain matters when exercising powers under this section.
(i) have been made; or (ii) can be made before the relevant revocation takes effect;
151X Consultation—revocation of functional separation
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.72
151X(1) Consultation—revocation of functional separation
ACCC must give written notice to person before revoking standard functional separation undertaking.
The time period between giving written notice and considering submissions is specified in the notice.
151X(2) Consultation—revocation of functional separation
Time limit for revocation of joint functional separation must be at least 15 business days after notice is given.
(2) The time limit must not be shorter than 15 business days after the notice is given.
Time limit must be at least 15 business days after notice is given
Revocation of joint functional separation undertaking
151X(3) Consultation—revocation of functional separation
ACCC must give written notice and consider submissions before revoking joint functional separation undertaking.
ACCC must give written notice and consider submissions.
151X(4) Consultation—revocation of functional separation
Time limit for revocation of functional separation must not be shorter than 15 business days after notice is given.
must not be shorter than 15 business days after the notice is given.
151Y Notification that a person is at risk of having an unsatisfactory
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.73
151Y(1) Notification that a person is at risk of having an unsatisfactory
Prohibition on breach of functional separation undertaking or contravention of certain sections
(1) This section applies to: (a) a breach by a person of a functional separation undertaking given by the person, so long as the breach occurred when the undertaking was in force; and (b) a contravention by a person of section 143B, 151ZA, 151ZB, 151ZF, 151ZG, 151ZH or 151ZI.
151Y(2) Notification that a person is at risk of having an unsatisfactory
ACCC must give a person written notice stating they are at risk of having an unsatisfactory compliance record in relation to functional separation.
Subclass of obligations related to compliance records
151Y(3) Notification that a person is at risk of having an unsatisfactory
Failure to comply with subsection (2) does not affect the validity of a revocation of a functional separation undertaking.
Implies that failure to comply does not affect validity of revocation.
151Z Variation of functional separation undertaking following
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.74
151Z(1) Variation of functional separation undertaking following
ACCC may vary a standard functional separation undertaking if revocation has not taken effect.
151Z(2) Variation of functional separation undertaking following
Cannot vary standard functional separation undertaking under subsection (1) unless variation addresses grounds for revocation of undertaking under section 151W.
Prohibition on varying standard functional separation undertaking
(2) The ACCC must not vary a standard functional separation undertaking under subsection (1)
(a) addresses the matter or matters that constituted the grounds for the revocation of the undertaking under section 151W;
Prohibition on varying standard functional separation undertaking unless variation addresses grounds for revocation of undertaking under section 151W
151Z(3) Variation of functional separation undertaking following
ACCC may vary a joint functional separation undertaking if revocation has not taken effect.
ACCC has given a notice under section 151W revoking a joint functional separation undertaking
Temporal interval between revocation and variation
(3) If: the ACCC has given a notice under section 151W revoking a joint functional separation undertaking; and
Temporal interval until variation takes effect
Obligation to provide notice to persons who gave the undertaking
151Z(4) Variation of functional separation undertaking following
Cannot vary joint functional separation undertaking under subsection (3) without addressing grounds for revocation of the undertaking under section 151W.
Cannot vary joint functional separation undertaking under subsection (3)
(4) The ACCC must not vary a joint functional separation undertaking under subsection (3) unless...
...unless the variation addresses the matter or matters that constituted the grounds for the revocation of the undertaking under section 151W;
Variation must occur within a specific timeframe
Variation must be part of a recurring pattern
Variation must imply addressing specific grounds for revocation
151Z(5) Variation of functional separation undertaking following
151ZA Reporting obligations following giving of revocation notice
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.75
151ZA(1) Reporting obligations following giving of revocation notice
The ACCC may direct the person to report on compliance with the undertaking.
The ACCC must direct the person to report on compliance.
151ZA(2) Reporting obligations following giving of revocation notice
Directs a person to provide reports and information about compliance with an undertaking.
151ZA(3) Reporting obligations following giving of revocation notice
Comply with a direction under subsection (1) or (2)
151ZA(4) Reporting obligations following giving of revocation notice
Aiding, abetting, or inducing contravention of subsection (3)
151ZA(5) Reporting obligations following giving of revocation notice
Reporting obligations following giving of revocation notice
151ZB Requirement to notify changes in control of person who gave
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.77
151ZB(1) Requirement to notify changes in control of person who gave
Notify ACCC of changes in control within 10 business days.
151ZB(2) Requirement to notify changes in control of person who gave
Notification by controller of person who gave undertaking must be in a form approved by ACCC.
Obligation to notify changes in control of person who gave undertaking.
151ZB(3) Requirement to notify changes in control of person who gave
Notify ACCC of control change within 10 business days.
151ZB(4) Requirement to notify changes in control of person who gave
ACCC must approve notice format in writing.
151ZB(5) Requirement to notify changes in control of person who gave
A person must not aid, abet, counsel or procure a contravention of subsection (1) or (3);
151ZB(6) Requirement to notify changes in control of person who gave
Requirement to notify changes in control of person who gave
Obligation to notify changes in control of person who gave
151ZC Register of functional separation undertakings
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.78
151ZC(1) Register of functional separation undertakings
Maintain a Register of functional separation undertakings
151ZC(2) Register of functional separation undertakings
The Register is to be maintained by electronic means.
151ZC(3) Register of functional separation undertakings
The Register is to be made available for inspection on the ACCC’s website.
151ZC(4) Register of functional separation undertakings
The Register is not a legislative instrument.
151ZD Compliance with functional separation undertaking
151ZD(1) Compliance with functional separation undertaking
Compliance with functional separation undertaking
(1) If a functional separation undertaking given by a person is in force,
the person must comply with the undertaking.
(1) If a functional separation undertaking given by a person is in force
compliance must occur within the specified temporal interval
compliance with the undertaking implies an obligation on the person
Obligation spreads to related provisions
compliance with the undertaking may spread to other related provisions
151ZD(2) Compliance with functional separation undertaking
A person must not aid, abet, counsel or procure a contravention of subsection (1)
151ZD(3) Compliance with functional separation undertaking
Conditional commencement of subsections (1) and (2)
151ZE Enforcement of functional separation undertaking
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.79
151ZE(1) Enforcement of functional separation undertaking
Order directing disposal of network units, lines, shares or other assets if a functional separation undertaking is breached.
Directs the disposal of assets if a breach occurs.
(a) a functional separation undertaking given by a person is in force; and (b) the Federal Court is satisfied...
...the Court may make any or all of the following orders...
Directs the exercise of rights attached to shares if a breach occurs.
(i) the ACCC; or (ii) a carrier; or (iii) a carriage service provider;
Directs payment of sums due to a person if a breach occurs.
(f) an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person;
151ZE(2) Enforcement of functional separation undertaking
Court has power to make an order directing a person to do or refrain from doing a specified act.
151ZE(3) Enforcement of functional separation undertaking
Notice of application must be given to certain persons or published in a certain manner.
151ZE(4) Enforcement of functional separation undertaking
Federal Court may rescind, vary or discharge an order made under this section.
151ZF Eligible services to be supplied on a non-discriminatory basis
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.80
151ZF(1) Eligible services to be supplied on a non-discriminatory basis
Discrimination between wholesale customers is prohibited.
Section 142C and section 143 apply to the line.
151ZF(2) Eligible services to be supplied on a non-discriminatory basis
Wholesale customer discrimination allowed under certain conditions
Allows wholesale customer discrimination
151ZF(3) Eligible services to be supplied on a non-discriminatory basis
No discrimination by a person in favour of itself
(3) Examples of grounds for believing...
Temporal interval for wholesale customer creditworthiness
(a) evidence that the wholesale customer or prospective...
Repeated failures by the wholesale customer or prospective customer to comply...
Recurring trace of wholesale customer compliance
(b) repeated failures by the wholesale customer or prospective...
Diffusion of creditworthiness information
Evidence that the wholesale customer or prospective customer is not creditworthy
Knowledge representation of wholesale customer creditworthiness
151ZF(4) Eligible services to be supplied on a non-discriminatory basis
Discrimination in favor of itself is prohibited on or after the designated commencement date.
Discrimination in favor of itself is prohibited.
151ZF(5) Eligible services to be supplied on a non-discriminatory basis
A person must not aid, abet, counsel or procure a contravention of subsection (1) or (4);
151ZF(6) Eligible services to be supplied on a non-discriminatory basis
151ZG Eligible services—related activities to be carried on on a
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.82
151ZG(1) Eligible services—related activities to be carried on on a
Either section 142C or section 143 apply
neither section 142C nor section 143 applies to the line
either section 142C or section 143 applies to the line
Commencement date is during designated commencement date
on and after the designated commencement date
151ZG(2) Eligible services—related activities to be carried on on a
151ZG(3) Eligible services—related activities to be carried on on a
Discrimination in favour of itself is prohibited.
151ZG(4) Eligible services—related activities to be carried on on a
A person must not aid, abet, counsel or procure a contravention of subsection (2) or (3);
(4) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (2) or (3); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (2) or (3); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2) or (3); or (d) conspire with others to effect a contravention of subsection (2) or (3).
151ZG(5) Eligible services—related activities to be carried on on a
151ZH Statement about the differences between an access
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.84
151ZH(1) Statement about the differences between an access
Publish statement on website within 5 business days after access agreement entry. Contravening subsection 151ZF(1) after the designated commencement date is prohibited.
statement, identifying parties and differences in terms and conditions
Prohibition of contravening subsection 151ZF(1)
(1) If the Federal Court is satisfied...
Temporal interval for contravention prohibition
Diffusion of prohibition to contraventions
Classification of contraventions by CogAI
151ZH(2) Statement about the differences between an access
Publish statement on website within 5 business days after variation agreement entry. The Federal Court may discharge or vary an order granted under this section.
(2) The Federal Court may discharge or vary an order granted under this section.
151ZH(2A) Statement about the differences between an access
Publish terms and conditions on website if offering to supply eligible services using a local access line.
Must publish terms and conditions on website
Offering to supply eligible services using a local access line
151ZH(3) Statement about the differences between an access
Reference to an eligible service was made in a declared service. A person must not aid, abet, counsel or procure a contravention of subsection (1), (2) or (2A);
Prohibits aiding, abetting, counseling or procuring a contravention.
(3) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (1), (2) or (2A); or
(3) A person must not: (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1), (2) or (2A); or
Prohibits being knowingly concerned in a contravention.
(3) A person must not: (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1), (2) or (2A); or
Prohibits conspiring with others to effect a contravention.
(3) A person must not: (d) conspire with others to effect a contravention of subsection (1), (2) or (2A). Civil penalty provisions
151ZH(4) Statement about the differences between an access
Court may make orders on application of ACCC, carrier or carriage service provider. Civil penalty provisions
State has obligation to enforce civil penalties
Civil penalty provisions apply during access agreement and variation agreement
access agreement and variation agreement
151ZH(5) Statement about the differences between an access
Defines terms for access agreement and variation agreement
52 Before section 152
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.88
151ZI Anti-avoidance
151ZI(1) Anti-avoidance
Cannot enter into, begin or carry out a scheme for avoiding the application of any provision in relation to the corporation or another corporation.
Prohibition of entering into, beginning or carrying out a scheme.
...for the sole or dominant purpose of avoiding...
151ZI(2) Anti-avoidance
(2) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (1); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or (d) conspire with others to effect a contravention of subsection (1).
151ZI(3) Anti-avoidance
151ZI(4) Anti-avoidance
Definition of scheme for anti-avoidance purposes
scheme is defined as a class of entities
scheme is a subclass of the defined class
scheme includes actions or courses of action
151ZJ Self-incrimination
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.89
151ZJ(1) Self-incrimination
Must provide a report under certain conditions.
151ZJ(2) Self-incrimination
Protection against self-incrimination in civil and criminal proceedings.
Prohibits admissibility of self-incrimination in evidence.
151ZK Delegation
Delegation of ACCC powers to staff and SES employees
151ZL Review by the Australian Competition Tribunal
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.90
151ZL(1) Review by the Australian Competition Tribunal
Right to review decision by Australian Competition Tribunal
The ACCC made a decision under section 151F.
The person or persons may apply to the Australian Competition Tribunal for a review of the decision.
Has a temporal relation with ACCC decisions
151ZL(2) Review by the Australian Competition Tribunal
Right to review ACCC decision on functional separation undertaking
151ZL(3) Review by the Australian Competition Tribunal
The ACCC has made a decision under section 151T.
During the period after the ACCC makes a decision under section 151T
If the ACCC makes a decision under section 151T, the person or persons may apply to the Australian Competition Tribunal for a review of the decision.
Until the period after the ACCC makes a decision under section 151T
If the ACCC makes a decision under section 151T
151ZL(4) Review by the Australian Competition Tribunal
Right to review ACCC decision on revocation of functional separation undertaking
151ZL(5) Review by the Australian Competition Tribunal
to the Australian Competition Tribunal for a review of the decision.
Temporal interval for review application
(5) If the ACCC makes a decision under section 151Z to vary...
Potential for review application to spread
Potential for review application to lead to further argumentation
151ZL(6) Review by the Australian Competition Tribunal
Application for review of ACCC decision must be made within specified time frames.
151ZL(7) Review by the Australian Competition Tribunal
151ZM Functions and powers of the Australian Competition
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.91
151ZM(1) Functions and powers of the Australian Competition
The Australian Competition Tribunal may make a decision affirming or setting aside the ACCC's decision.
151ZM(2) Functions and powers of the Australian Competition
Decision of the ACCC is taken to be a decision of the Australian Competition Tribunal for certain purposes.
Decision is taken to be a decision of the ACCC
(2) A decision by the Australian Competition Tribunal:
Decision is taken to be a decision of the ACCC for certain purposes
(other than this section or section 151ZL)
151ZM(3) Functions and powers of the Australian Competition
Reset start of decision-making period after ACCC sets aside ACCC decision
151ZM(4) Functions and powers of the Australian Competition
Reset start of decision-making period after setting aside a decision
Imposes an obligation on the ACCC to consider the variation immediately after a decision is set aside
The Australian Competition Tribunal sets aside a decision of the ACCC under section 151T
Subsection 151T(5) has effect as if the variation had been received by the ACCC immediately after the decision was set aside
Describes a temporal relationship between the setting aside of a decision and the consideration of a variation
The variation is considered immediately after the decision is set aside
The start of the 3-month decision-making period overlaps with the setting aside of a decision
Describes a recurring relationship between the setting aside of a decision and the consideration of a variation
The ACCC considers variations immediately after a decision is set aside
The ACCC considers variations repeatedly over time
151ZM(5) Functions and powers of the Australian Competition
The ACCC must provide information, reports, and assistance to the Australian Competition Tribunal.
Must provide information, reports, and assistance.
151ZM(6) Functions and powers of the Australian Competition
May consider information given to the ACCC in connection with a decision.
151ZM(7) Functions and powers of the Australian Competition
References to the Competition and Consumer Act 2010 have effect in relation to a review.
Includes references to the Competition and Consumer Act 2010.
151ZN Provisions that do not apply in relation to an Australian
Division 1 of Part IX does not apply to a review by the Australian Competition Tribunal of an ACCC decision.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.92
53 After paragraph 152(1)(a)
54 Paragraphs 152(2)(a) and (b)
55 At the end of section 155
Subsections (1) to (3) do not apply in determining the meaning of an expression used in certain provisions.
56 After section 155
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.93
155A When a person is in a position to exercise control of a line
155A(1) When a person is in a position to exercise control of a line
A person is in a position to exercise control of a line if they meet certain conditions.
The controller has control over the line.
The controller legally or beneficially owns the line.
The controller is in a position to exercise control of the line.
The conditions specify when a person is in a position to exercise control of a line.
(i) the controller is in a position, either alone or together with an associate of the controller...
The conditions specify when a person ceases to be in a position to exercise control of a line.
(ii) the controller, either alone or together with an associate of the controller...
The controller has veto power over certain actions taken by the company.
The controller has direction power over the management and affairs of the company.
(iv) the controller, either alone or together with an associate of the controller...
155A(2) When a person is in a position to exercise control of a line
An employee is not regarded as being in a position to exercise control of a line solely because of being an employee.
Employee is not regarded as being in a position to exercise control of a line solely because of being an employee.
An employee is not regarded as being in a position to exercise control of a line under subsection (1) purely because of being an employee.
155A(3) When a person is in a position to exercise control of a line
More than one person may exercise control of a line.
155A(4) When a person is in a position to exercise control of a line
57 Section 156 (heading)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.95
156 Deemed networks etc.
58 Paragraph 156(1)(a)
59 Paragraph 156(1)(b)
60 Paragraph 156(1)(d)
61 Paragraph 156(2)(a)
62 Paragraph 156(2)(b)
63 Paragraph 156(2)(d)
63A Paragraph 156(3)(b)
Insertion of phrase before designated commencement date
64 Subsection 156(4)
Omit subsection (2) does not apply to the extension.
65 At the end of section 156
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.96
65(6) At the end of section 156
65(7) At the end of section 156
66 After section 156
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.97
156A Certain lines deemed to have come into existence on or after
156A(1) Certain lines deemed to have come into existence on or after
Line deemed to have come into existence on or after designated commencement date if used for residential customers.
Line must be used for residential customers after designated commencement date.
(a) a local access line came into existence before the designated commencement date; and (b) before the designated commencement date, the line was used wholly or principally to supply a superfast carriage service to non-residential customers in Australia;
the line is taken to have come into existence on or after the designated commencement date.
Line's existence overlaps with designated commencement date if used for residential customers.
(c) on or after the designated commencement date, following (i) the construction or alteration of premises; or (ii) changes to the activities carried out at premises;
the line's existence overlaps with the designated commencement date if used for residential customers.
Line is recurrently used for residential customers after designated commencement date.
the line is recurrently used for residential customers after the designated commencement date.
Line diffuses into residential market if used for residential customers.
(b) before the designated commencement date, the line was used wholly or principally to supply a superfast carriage service to non-residential customers in Australia;
the line diffuses into the residential market if used for residential customers.
Line is recognized as coming into existence on or after designated commencement date if used for residential customers.
the line is recognized as coming into existence on or after the designated commencement date if used for residential customers.
156A(2) Certain lines deemed to have come into existence on or after
Exemptions from subsection (1) of section 156A(2)
67 Section 157 (heading)
Repeal heading and substitute with new schedule
157 Certain installations and connections are not taken to be an
Installation or connection not an extension, alteration or upgrade of a network
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.98
68 Section 157
69 At the end of section 157
Section 157 subsection (1) does not apply in certain contexts.
Section 157 subsection (1) is excluded from certain contexts.
71 After subsection 158(2)
71(2A) After subsection 158(2)
Subsection (2) has effect subject to subsection (2B).
71(2B) After subsection 158(2)
Line is taken to be a local access line and part of the infrastructure.
72 After section 158
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.99
158A Deemed local access lines
158A(1) Deemed local access lines
Local access line deemed to have come into existence on or after the designated commencement date if it was in existence immediately before and is extended on or after that date.
Imposes a duty on the state to treat the local access line as having come into existence on or after the designated commencement date.
(1) For the purposes of this Part, if...
the extension is taken to be a local access line in its own right;
Describes the temporal relationship between the designated commencement date and the existence of the local access line.
Describes how the obligation applies to the state.
158A(2) Deemed local access lines
Exemptions from subsection (1) of section 158A(2)
73 Section 159
74 At the end of section 159
Alteration of a line does not include an extension of the line.
75 Section 160
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.100
76 At the end of section 160
Upgrade of a line does not include an extension of the line.
77 At the end of Part 8
161 Extended meaning of residential customer
161(1) Extended meaning of residential customer
Individual carrying on business at residence is taken as residential customer.
161(2) Extended meaning of residential customer
Partnership treated as residential customer if most work done at residence
Obligation on the state to treat partnership as residential customer
Partnership is a business carried on by a partnership
Obligation to treat partnership as residential customer
161(3) Extended meaning of residential customer
Corporation is taken to be a residential customer if most or all work is carried out at the residence of an individual who is a director.
Temporal relationship between business and residence
Most or all work of the business is carried out at the residence of an individual who is a director.
The business does not occupy any premises other than the residence of an individual who is a director.
Business occupies all premises that are occupied by the individual who is a director
Corporation, in its capacity as a customer, is taken to be a residential customer.
Corporation has a duty to be a residential customer
Business has a duty to occupy all premises that are occupied by the individual who is a director
161(4) Extended meaning of residential customer
A trustee of a trust is considered a residential customer if most or all work is carried out at their residence.
Trustee of a trust is considered a residential customer.
Obligation to provide services as a residential customer.
Temporal relationship between trustee and business
Most or all work of the business is carried out at the residence of an individual who is a trustee of the trust.
Trustee's capacity as a customer begins during the time they carry out most or all work at their residence.
Recurring trace for residential customers
Residential customers are everywhere in the sense that they carry out most or all work at their residence.
Artificial agent classification for residential customers
A trustee of a trust is considered an artificial agent if they carry out most or all work at their residence.
Residential customers are artificial agents in the sense that they carry out most or all work at their residence.
Schema for residential customer definition
Residential customers are defined by the schema that they carry out most or all work at their residence.
162 Close proximity
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.102
162(1) Close proximity
The Minister may determine close proximity under specified circumstances.
162(2) Close proximity
Minister may determine proximity exception
Permission to deviate from proximity rule
162(3) Close proximity
Delegation to the ACCC is required for a legislative determination.
162(4) Close proximity
162(5) Close proximity
Comply with written directions of the Minister when performing a delegated function or exercising a delegated power.
Obligation to comply with written directions
The ACCC must perform a delegated function or exercise a delegated power.
Comply with written directions of the Minister.
Temporal interval for compliance with written directions
The ACCC must comply with written directions within a certain time frame.
Compliance occurs between the start and end of the temporal interval.
78 Before paragraph 564(3)(a)
Insert specific sections or carrier licence conditions
Imposes obligation to insert specific sections or conditions
79 After paragraph 564(3)(ba)
Inserts service provider rule set out in Part 1 of Schedule 2
80 Subsection 564(3) (before note 1)
References sections for local access lines
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.103
80A After subsection 564(3)
Granting injunctions for contraventions of section 151ZI
Prohibits conduct in contravention of section 151ZI
81 Before paragraph 571(3)(a)
82 After paragraph 571(3)(ba)
83 Subsection 571(3) (before note 1)
84 At the end of paragraph 572E(6)(c)
Add specific section numbers to paragraph 572E(6)(c)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.104
Adding specific section numbers is an obligation
85 After paragraph 572F(1)(c)
Cannot deal with matter if penalty is paid within specified time frame
86 Paragraph 572F(1)(d)
87 At the end of section 572L
87(3) At the end of section 572L
Appointing an authorised infringement notice officer
Granting permission to appoint an officer
87(4) At the end of section 572L
The ACCC must not appoint a person under subsection (3) unless the person meets certain conditions.
The ACCC must not appoint a person under subsection (3)
Unless the person meets certain conditions.
Temporal relation between appointment and conditions
Recurring trace of appointment and conditions
87(5) At the end of section 572L
Cannot issue infringement notice for certain breaches
Cannot give or withdraw an infringement notice
(5) An authorised infringement notice officer appointed under subsection (1)
Cannot give or withdraw an infringement notice for certain breaches
(b) section 101, to the extent to which that section relates to the service provider rule set out in Part 1 of Schedule 2
Must not give or withdraw infringement notice during specific time periods
87(6) At the end of section 572L
Authorized infringement notice officer must not give or withdraw an infringement notice unless the alleged contravention meets specific conditions.
1A After subsection 99(1)
Minister may make a service provider determination
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.106
1B At the end of section 99
Service provider determination under subsection (1) has no effect to the extent it is inconsistent with a service provider determination under subsection (1A).
If a service provider determination under subsection (1) is inconsistent with a service provider determination under subsection (1A), then it has no effect.
Service provider determination under subsection (1)
has no effect to the extent it is inconsistent with a service provider determination under subsection (1A).
The key 'sch-3-sec-1b' overlaps with the key 'sch-3-sec-1'.
The key 'sch-3-sec-1b' is until the key 'sch-3-sec-1'.
The key 'sch-3-sec-1b' diffuses the key 'sch-3-sec-1'.
The key 'sch-3-sec-1b' can be inferred from the key 'sch-3-sec-1'.
1 After section 152BCCA
Inconsistent access determinations have no effect to the extent they contradict statutory infrastructure provider standards and rules.
Prohibits inconsistent access determinations.
2 After section 152BDCA
Statutory infrastructure provider standards and rules prevail over inconsistent binding rules of conduct.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.107
Obligation to follow statutory standards
3 Before section 152BEC
3(1) Before section 152BEC
An access agreement entered into after the commencement of this section has no effect to the extent it is inconsistent with a standard determined under section 360U. Inconsistent access agreements have no effect.
3(2) Before section 152BEC
Exempts access agreements from subsection (1)
4 After section 152CBIC
Special access undertaking is prohibited by inconsistent standards and rules.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.108
7 After Part 18
360 Simplified outline of this Part
Must connect premises to a qualifying telecommunications network
Qualifying carriage services to the end-user at the premises
Obligation to provide qualifying carriage services
360A Definitions
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.109
access agreement has the same meaning as in Part XIC of the Competition and Consumer Act 2010.
access agreement is a subclass of access agreement in Part XIC of the Competition and Consumer Act 2010.
building redevelopment project has the meaning given by section 360Y.
building redevelopment project is a subclass of building redevelopment project in section 360Y.
designated day means the day on which a declaration is made under paragraph 48(1)(c) or (2)(a) of the National Broadband Network Companies Act 2011.
designated day is a subclass of designated day in paragraph 48(1)(c) or (2)(a) of the National Broadband Network Companies Act 2011.
designated service area has the meaning given by section 360L.
designated service area is a subclass of designated service area in section 360L.
eligible service has the same meaning as in section 152AL of the Competition and Consumer Act 2010.
eligible service is a subclass of eligible service in section 152AL of the Competition and Consumer Act 2010.
general service area has the meaning given by section 360F.
general service area is a subclass of general service area in section 360F.
360AA Qualifying fixed wireless carriage service
Defines qualifying fixed wireless carriage service
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.111
Qualifying fixed wireless carriage service is a type of carriage service
Carriage service is qualifying fixed wireless carriage service if it meets the specified criteria
Peak download transmission speed must be at least 25 megabits per second
Transmission speed is qualifying fixed wireless carriage service if it meets the specified criteria
Peak upload transmission speed must be at least 5 megabits per second
Carriage service must enable end-users to download communications
Communication is enabled by qualifying fixed wireless carriage service if it meets the specified criteria
Carriage service must be marketed as a fixed wireless service
Service is qualifying fixed wireless carriage service if it meets the specified criteria
Qualifying fixed wireless carriage service means a carriage service that meets the specified criteria
360B Simplified outline of this Division
Defines types of service areas and their statutory infrastructure providers.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.112
Establishes roles for statutory infrastructure providers
360C Definition of service area
Defines service area for the purposes of this Part.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.113
service area is defined as a specific type of service area
Service area must be one of the specified types
360D Interim NBN service area
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.114
360D(1) Interim NBN service area
The interim NBN service area is before the designated day
The interim NBN service area is a subset of the provisional interim NBN service area
360D(2) Interim NBN service area
NBN Co must declare a provisional interim NBN service area within 10 business days after the end of the month in which a statement began to be published.
NBN Co has an obligation to declare a provisional interim NBN service area.
The declaration must be made within a specific time interval.
(2) If, during the period beginning at the commencement of this section; and ending immediately before the designated day;
NBN Co has permission to declare a provisional interim NBN service area.
360D(3) Interim NBN service area
NBN Co must declare a provisional interim NBN service area within 10 business days after section commencement.
(a) by written instrument, declare that the area is a provisional interim NBN service area for the purposes of the application of this Part before the designated day; and (b) do so within 10 business days after the commencement of this section.
(b) do so within 10 business days after the commencement of this section.
360D(4) Interim NBN service area
360D(5) Interim NBN service area
360D(6) Interim NBN service area
(6) A declaration made under subsection (2) or (3)
360D(7) Interim NBN service area
Cannot be varied except under subsection (8) or (9).
(7) A declaration made under subsection (2) or (3)
360D(8) Interim NBN service area
Cannot be varied by NBN Co except to correct a clerical error or obvious mistake.
Declaration made under subsection (2) or (3)
except to correct a clerical error or obvious mistake
Propagates restriction on variation of declaration
Represents restriction on variation of declaration
360D(9) Interim NBN service area
360D(10) Interim NBN service area
Minister must provide copy of variation to ACMA.
360D(11) Interim NBN service area
Minister must publish notice and consider submissions before varying declaration.
Minister must consider submissions within time limit.
(11) Before making a decision under subsection (9) to vary a declaration, the Minister must:
Minister must consider submissions from persons.
Minister must publish notice on website.
Minister must handle submissions from persons.
360D(12) Interim NBN service area
Time limit must not be shorter than 10 business days after notice is published.
Time limit must not be shorter than 10 business days.
(12) The time limit must not be shorter than 10 business days after the notice is published.
The time limit must not be shorter than 10 business days after the notice is published.
The time limit overlaps with other provisions.
This provision diffuses information about time limits.
This provision can be inferred from other provisions.
360D(13) Interim NBN service area
Comply with rules under subsection (14) when making a declaration
360E Statutory infrastructure provider for an interim NBN service
NBN Co is statutory infrastructure provider for interim NBN service area if provisional interim NBN service area declared by section 360D declaration.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.116
360F General service area
360G Statutory infrastructure provider for the general service area
Statutory infrastructure provider for the general service area
360H Nominated service area—declaration made by a carrier
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.117
360H(1) Nominated service area—declaration made by a carrier
A provisional nominated service area is not the whole or a part of a subsequent declaration's service area.
360H(2) Nominated service area—declaration made by a carrier
Carrier must declare a provisional nominated service area within 10 business days after installing telecommunications network infrastructure.
The carrier must declare a provisional nominated service area within 10 business days after installing telecommunications network infrastructure.
360H(3) Nominated service area—declaration made by a carrier
Minister may specify conditions for purposes of paragraph (2)(c)
360H(3A) Nominated service area—declaration made by a carrier
Minister may exempt a real estate development project from subsection (2) by legislative instrument.
360HA Nominated service area—anticipatory notice to be given to
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.120
360HA(1) Nominated service area—anticipatory notice to be given to
Carrier must give ACMA written notice within 10 business days after entering into contract for installation of telecommunications network infrastructure.
written notice stating that carrier has entered into the contract, specifying project area and telecommunications network infrastructure to be installed
360HA(2) Nominated service area—anticipatory notice to be given to
Carrier must give written notice to ACMA with contract details and project area.
Carrier must give written notice to ACMA.
360J Nominated service area—carrier licence conditions
List of declarations subject to condition before commencement
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.123
360K Statutory infrastructure provider for a nominated service area
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.124
360K(1) Statutory infrastructure provider for a nominated service area
Carrier is statutory infrastructure provider for a nominated service area if it declared the area as provisional and it's part of a nominated service area.
Carrier is statutory infrastructure provider
Declaration made by a carrier under section 360H
The carrier is the statutory infrastructure provider for the nominated service area.
Declaration made by a carrier under section 360H occurred before the area was declared as provisional
Area is provisional nominated service area because of a declaration made by a carrier under section 360H
The declaration made by a carrier under section 360H occurred before the area was declared as provisional.
Area is a provisional nominated service area because of a declaration made by a carrier under section 360H
Carrier must be declared as provisional to be considered a statutory infrastructure provider
The carrier must be declared as provisional to be considered the statutory infrastructure provider for the nominated service area.
360K(2) Statutory infrastructure provider for a nominated service area
Minister may declare exemption from subsection (1) for a nominated service area.
360K(3) Statutory infrastructure provider for a nominated service area
Carrier is statutory infrastructure provider for nominated service area if conditions are met.
Temporal relationship between declaration and commencement
(a) immediately before the commencement of this section, a...
the carrier was subject to a condition under a declaration mentioned in section 360J.
Conjunction of conditions for statutory infrastructure provider
360K(4) Statutory infrastructure provider for a nominated service area
Minister may declare exemption from subsection (3) for a specified nominated service area.
360L Designated service area and statutory infrastructure provider
Minister may declare designated service area and statutory infrastructure provider.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.125
360LA Format of description of areas
360LA(1) Format of description of areas
Area description format must be provided in TAB vector format or another determined format.
Obligation to provide area description format.
360LA(2) Format of description of areas
360P Obligation of statutory infrastructure provider to connect
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.126
360P(1) Obligation of statutory infrastructure provider to connect
Must connect premises to a qualifying fixed-line telecommunications network or alternative network for carriage services
360P(2) Obligation of statutory infrastructure provider to connect
No obligation to connect premises under certain circumstances.
No obligation under certain circumstances.
Obligation limited by determination under subsection (3).
360P(3) Obligation of statutory infrastructure provider to connect
Minister must determine circumstances for the purposes of subsection (2)
360P(4) Obligation of statutory infrastructure provider to connect
Must comply with requirements determined under subsection (5)
360P(5) Obligation of statutory infrastructure provider to connect
Minister may determine requirements for statutory infrastructure connection
360P(6) Obligation of statutory infrastructure provider to connect
Statutory infrastructure provider must connect to one or more service areas.
360P(7) Obligation of statutory infrastructure provider to connect
Statutory infrastructure provider must connect under certain terms and conditions.
360P(8) Obligation of statutory infrastructure provider to connect
Statutory infrastructure provider must comply with request to connect premises.
360P(9) Obligation of statutory infrastructure provider to connect
360Q Obligation of statutory infrastructure provider to supply
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.129
360Q(1) Obligation of statutory infrastructure provider to supply
Statutory infrastructure provider must supply eligible service to carriage service provider on reasonable request.
360Q(1A) Obligation of statutory infrastructure provider to supply
Statutory infrastructure provider must supply eligible service to end-users
360R Notification obligations of statutory infrastructure provider
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.132
360R(1) Notification obligations of statutory infrastructure provider
Carrier must notify of statutory infrastructure provision
360R(2) Notification obligations of statutory infrastructure provider
Carrier must notify Secretary and ACMA of potential inability to fulfill obligations.
360R(3) Notification obligations of statutory infrastructure provider
First carrier must give written notice to Secretary and ACMA upon becoming aware of another carrier's willingness to become statutory infrastructure provider.
360S Targets for NBN Co
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.133
360S(1) Targets for NBN Co
NBN Co must ensure its networks meet certain speed requirements for 90% of premises.
NBN Co must ensure its networks meet certain speed requirements.
(1) The Parliament intends that NBN Co should take all reasonable steps to...
...to at least 90% of premises in the areas that, according to NBN Co’s website, are serviced by NBN Co’s fixed-line carriage services.
NBN Co's networks must be capable of supplying fixed-line carriage services for at least 50 megabits per second.
(c) the peak download transmission speed of the carriage service is at least 50 megabits per second;
NBN Co's networks must meet both speed requirements and be used to supply qualifying fixed-line carriage services.
360S(2) Targets for NBN Co
Ensure telecommunications networks are connected to at least 92% of premises in Australia
360U Standards and benchmarks
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.134
360U(1) Standards and benchmarks
Standards and benchmarks for statutory infrastructure providers
360U(2) Standards and benchmarks
Determination may be of general application or limited as provided in the determination.
360U(3) Standards and benchmarks
Does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
360U(3A) Standards and benchmarks
Confer power on ACMA to make legislative instrument
360U(4) Standards and benchmarks
Comply with a standard determined under subsection (1)
360U(5) Standards and benchmarks
Exemptions from standards based on access agreements
Statutory infrastructure provider is exempt from standards
360U(6) Standards and benchmarks
Minister may set minimum benchmarks for statutory infrastructure providers.
360U(7) Standards and benchmarks
An instrument under subsection (6) may be of general application or may be limited as provided in the instrument.
360U(8) Standards and benchmarks
360U(8A) Standards and benchmarks
360V Rules
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.136
360V(1) Rules
Rules for statutory infrastructure providers regarding complaints and connections.
Statutory infrastructure providers must comply with rules.
360V(1A) Rules
Grant power to make legislative instruments
360V(2) Rules
Statutory infrastructure provider must comply with rules.
360V(3) Rules
Exemption from rule compliance for access agreements entered before rule commencement
360W Publication of offer etc.—connection of premises
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.137
360W(1) Publication of offer etc.—connection of premises
Statutory infrastructure provider must publish terms and conditions on its website.
360W(2) Publication of offer etc.—connection of premises
Must connect premises within a specified time frame after receiving a request from an end-user.
360W(3) Publication of offer etc.—connection of premises
360W(4) Publication of offer etc.—connection of premises
Inconsistent with standards and rules under sections 360U and 360V.
Prohibits effect of offer to extent inconsistent with standards and rules.
(4) An offer published under subsection (1)
has no effect to the extent to which it is inconsistent with: (a) a standard determined under section 360U; or (b) rules made under section 360V.
360X Publication of offer—supply of eligible services
360XA Periodic compliance reports
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.138
360XA(1) Periodic compliance reports
Minister must make rules requiring periodic reports from statutory infrastructure providers.
360XA(2) Periodic compliance reports
Must comply with rules under subsection (1)
360XA(3) Periodic compliance reports
Reporting obligation for periodic compliance reports
360XA(4) Periodic compliance reports
No report or information obtained as a consequence of the report is admissible in evidence against the individual in civil proceedings for the recovery of a penalty or criminal proceedings (other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code).
Prohibition on admissibility of report or information in evidence
No possibility of admissibility in evidence
Trace of impossibility of admissibility in evidence
360XA(5) Periodic compliance reports
360Y Building redevelopment projects etc.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.139
360Y(1) Building redevelopment projects etc.
Project definition for building redevelopment projects
360Y(2) Building redevelopment projects etc.
For the purposes of this Part, the area or areas occupied by the building or buildings
are the project area for the building redevelopment project
The area or areas occupied by the building or buildings are the project area for the building redevelopment project
Inferential relationship between definitions and actions
The project area is defined as the area or areas occupied by the building or buildings
Inferential relationship between definitions and actions in a network
For the purposes of this Part, the area or areas occupied by the building or buildings are the project area for the building redevelopment project
Inferential relationship between definitions and actions in a cognitive framework
360Y(3) Building redevelopment projects etc.
Specify conditions for building redevelopment projects
360Y(4) Building redevelopment projects etc.
It is immaterial whether the project has been, is being, or will be implemented in stages; or different elements of the project have been, are being, or will be carried out by different persons.
360Z Register of statutory infrastructure providers and anticipatory
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.140
360Z(1) Register of statutory infrastructure providers and anticipatory
Maintain a Register of statutory infrastructure providers and notices.
Classification of statutory infrastructure providers and notices.
360Z(2) Register of statutory infrastructure providers and anticipatory
Register may be maintained by electronic means.
Identifies the Register as a class of entities that can be maintained by electronic means.
(2) The Register may be maintained by electronic means.
The Register is a class of entities that can be maintained by electronic means.
360Z(3) Register of statutory infrastructure providers and anticipatory
The Register must be made available for inspection on the ACMA’s website.
360ZA Delegation
360ZA(1) Delegation
The Minister may delegate powers to ACMA
ACMA is permitted to exercise these powers
Temporal overlap between Minister's and ACMA's powers
The delegation is effective from the date of writing
ACMA's powers overlap with the Minister's powers during this period
ACMA must take action in accordance with the delegated powers
Spread of delegated powers to ACMA's actions
ACMA's actions are propagated through the exercise of these powers
ACMA has the capability to perform these actions
360ZA(2) Delegation
ACMA must comply with written directions of the Minister.
Temporal overlap between ACMA's obligations and Minister's directions
ACMA must comply with written directions of the Minister when performing a delegated function or exercising a delegated power.
ACMA's obligations overlap with the Minister's directions.
Implication of ACMA's compliance on Minister's authority
If ACMA complies with written directions of the Minister, then the Minister has authority over ACMA.
ACMA's compliance implies the Minister's authority.
Diffusion of obligations from Minister to ACMA
The Minister has an obligation to direct ACMA.
ACMA's obligations are propagated from the Minister.
Inference of ACMA's compliance on Minister's decision-making
If ACMA complies with written directions of the Minister, then the Minister makes a decision.
ACMA's compliance implies the Minister's decision-making.
360ZA(3) Delegation
Delegation of powers to ACMA staff and SES employees
360ZA(4) Delegation
Delegate must comply with written directions of the Minister.
8 The whole of the Declaration
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.142
9 The whole of the Declaration
10 The whole of the Declaration
11 The whole of the Declaration
1A Before paragraph 151BU(4)(e)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.143
1B Before subparagraph 151BUA(2)(b)(iii)
1C Before subparagraph 151BUB(2)(b)(iii)
1D Before subparagraph 151BUC(2)(b)(iii)
Inserts operation of specific acts and schedules
1 Section 7
Defines Federal Circuit Court of Australia
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.144
2 Paragraphs 58(2)(a) and (b)
3 After subsection 58(4A)
Disqualification for failure to pay funding charge
Prohibition of disqualification for failure to pay funding charge
Temporal relation between disqualification and failure to pay funding charge
Failure to pay funding charge occurs before disqualification
Implication of disqualification on failure to pay funding charge
Propagation of disqualification through involvement in management
Recognition of disqualification based on involvement in management
4 Paragraph 58(5)(a)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.145
5 After subsection 72(2A)
Failure to pay funding charge results in cancellation of carrier licence.
Prohibits failure to pay funding charge.
ACMA may cancel carrier licence if carrier fails to pay funding charge.
Classifies carrier licence as revocable based on payment of funding charge.
Funding charge imposed by Telecommunications (Regional Broadband Scheme) Charge Act 2020.
Overlaps with payment of funding charge.
Funding charge becomes due and payable on specified date.
Payment of funding charge overlaps with carrier licence cancellation.
Recurring trace of payment of funding charge.
Diffuses responsibility for payment of funding charge to carrier.
Implication of failure to pay funding charge on carrier licence cancellation.
Implication of payment of funding charge.
6 Subsection 570(4)
Maximum pecuniary penalty for contravention of subsection 68(1) or (2)
Prohibits pecuniary penalty exceeding $10,000 for contravention of subsection 68(1) or (2)
Prohibits pecuniary penalty exceeding $50,000 for contravention of other cases
7 After paragraph 1(ja) of Schedule 4
Inserts decisions and notifiable instruments into the Telecommunications (Consumer Protection and Service Standards) Act 1999
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.146
8 Section 4
Local calls are charged on an untimed basis.
9 Subsection 5(2) (definition of contractor)
10 Subsection 5(2) (definition of grant recipient)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.147
11 After section 8
8A Definitions
Definitions for contractor and grant recipient
12 Subsections 14(2) and (3)
Omit “this Act”, substitute ‘this Part’.
13 After Part 2
75 Simplified outline of this Part
The Secretary is responsible for entering into contracts and making grants relating to fixed wireless broadband and satellite broadband.
The Secretary has an obligation to enter into contracts and make grants.
76 Definitions
Definitions for funding of fixed wireless broadband and satellite broadband
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.148
associate has the same meaning as in Part 8 of the Telecommunications Act 1997.
designated administrative costs means: (a) remuneration, and other employment-related costs and expenses, incurred in respect of APS employees whose duties relate to the performance of the ACMA’s functions, or the exercise of the ACMA’s powers, under this Part; or (b) any other costs, expenses and other obligations incurred by the ACMA in connection with the performance of the ACMA’s functions, or the exercise of the ACMA’s powers, under this Part; or (c) remuneration, and other employment-related costs and expenses, incurred in respect of APS employees whose duties relate to the performance of the ACCC’s functions, or the exercise of the ACCC’s powers, under this Part or the Telecommunications (Regional Broadband Scheme) Charge Act 2020; or (d) any other costs, expenses and other obligations incurred by the ACCC in connection with the performance of the ACCC’s functions, or the exercise of the ACCC’s powers, under this Part or the Telecommunications (Regional Broadband Scheme) Charge Act 2020; but does not include: (e) amounts incurred under contracts made under section 80; and (f) amounts incurred by way of grants made under section 80.
76A Local access line
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.152
76A(1) Local access line
76A(2) Local access line
Line does not form part of a local access line to the extent that it is on the customer side of the boundary of a telecommunications network.
76A(3) Local access line
76A(4) Local access line
Local access line is taken to be a local access line.
76A(5) Local access line
Determines boundary of telecommunications network in the same manner as section 22.
(5) For the purposes of this section, the boundary of a telecommunications network is to be determined in the same manner in which it is determined under section 22 for the purposes of sections 20, 21 and 30.
The boundary is determined during the determination of section 22.
The boundary is determined in the same manner as section 22.
76A(6) Local access line
Defines local access network for purposes of section 76A(6)
76AA Designated broadband services
76AA(1) Designated broadband services
Designated broadband service is a class of carriage services
76AA(2) Designated broadband services
Minister may determine classes of carriage service
Permission to determine classes of carriage service
76AB Fixed wireless broadband service
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.153
76AB(1) Fixed wireless broadband service
Fixed wireless broadband service definition
76AB(2) Fixed wireless broadband service
Determine conditions for fixed wireless broadband service
76AB(3) Fixed wireless broadband service
Defines fixed wireless technology platform within the telecommunications industry.
77 Satellite broadband service
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.154
77(1) Satellite broadband service
Definition of satellite broadband service
77(2) Satellite broadband service
Minister may determine conditions for satellite broadband service
78 Eligible funding recipients
78(1) Eligible funding recipients
Definition of eligible funding recipient
78(2) Eligible funding recipients
Determine carriers for the purposes of paragraph (1)(b)
78A Financial year
Defines financial year for purposes of Part (other than section 85)
79 Eligible financial year
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.155
Financial year is eligible if it belongs to this class
Financial year begins on designated start date
Designated start date marks the beginning of financial year
79A Premises
79A(1) Premises
Minister may determine premises under specified conditions.
79A(2) Premises
Minister may determine conditions for a location to not be premises.
79A(3) Premises
Legislative character determination must be made.
Duty to make legislative character determination
80 Contracts and grants
80(1) Contracts and grants
The Secretary may enter into a contract or make a grant of financial assistance to an eligible funding recipient.
Permission to enter into a contract or make a grant.
80(2) Contracts and grants
Person is a contractor if Secretary enters into contract with them.
Secretary enters into contract with person
80(3) Contracts and grants
Person is a grant recipient if Secretary makes a grant of financial assistance.
Grant recipient status is an obligation.
Secretary makes a grant of financial assistance.
80(4) Contracts and grants
Reimbursement of costs or expenses by the Commonwealth
Imposes an obligation on the Commonwealth to reimburse costs or expenses
80(5) Contracts and grants
Grant may be made by way of reimbursement or partial reimbursement of costs or expenses.
80(6) Contracts and grants
80(7) Contracts and grants
Clarifies the use of the word 'Regional' in certain contexts to avoid doubt.
Clarifies the use of the word 'Regional'
81 Terms and conditions of grants
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.156
81(1) Terms and conditions of grants
Grant of financial assistance under section 80 is subject to terms and conditions.
Imposes a duty on the state to provide financial assistance under section 80.
81(2) Terms and conditions of grants
Terms and conditions of grants must be set out in a written agreement.
Obligation to provide terms and conditions
81(3) Terms and conditions of grants
The Secretary must enter into an agreement on behalf of the Commonwealth.
The Secretary must enter into an agreement.
81(4) Terms and conditions of grants
Exempts condition under section 82 from subsection (2) of section 81(4)
Subsection (2) does not apply to a condition under section 82.
The exemption and subsection (2) overlap.
The exemption and subsection (2) repeat.
The exemption diffuses into subsection (2).
The exemption recognizes subsection (2).
82 Condition about compliance with Ministerial determination
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.157
82(1) Condition about compliance with Ministerial determination
Compliance with Ministerial determination is a condition for contracts and grants.
Must comply with Ministerial determination
...must comply with a determination under subsection (2)
82(2) Condition about compliance with Ministerial determination
Standards or rules that must be complied with by contractors or grant recipients
82(3) Condition about compliance with Ministerial determination
A determination under subsection (2) may be of general application or may be limited as provided in the determination.
82(4) Condition about compliance with Ministerial determination
Does not limit subsection 33(3A) of the Acts Interpretation Act 1901 by implication.
Subsection (3) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
82(5) Condition about compliance with Ministerial determination
Section does not limit terms and conditions in contracts or agreements.
Section excludes limitations on contract and agreement terms.
(5) This section does not, by implication, limit:
Determination prevails over inconsistent contract or agreement.
82(6) Condition about compliance with Ministerial determination
Inconsistent terms in a contract or agreement have no effect if they conflict with a Ministerial determination.
...has no effect to the extent to which it is inconsistent with a determination under subsection (2)...
Inconsistent terms are combined with Ministerial determinations.
Ministerial determinations override inconsistent terms.
Ministerial determinations overlap with inconsistent terms.
Ministerial determinations diffuse inconsistent terms.
82(7) Condition about compliance with Ministerial determination
Contractor's right to adjustment of payment for change in services, facilities or customer equipment.
Contractor's right overrides Ministerial determination.
(7) Despite subsection (6), a determination under subsection (2) has no effect to the extent to which it overrides...
...a term or condition: ... that gives the contractor a right to adjustment of payment for a change in the services, facilities or customer equipment to be supplied by the contractor in accordance with the contract.
Ministerial determination and contractor's right have overlapping temporal effects.
Contractor's right is part of a recurring pattern of adjustment payments.
Ministerial determination propagates to contractor's right.
Contractor's right implies adjustment payments.
82(8) Condition about compliance with Ministerial determination
No effect on Ministerial determination to specify price or method of ascertainment.
Prohibits Ministerial determination from specifying price or method of ascertainment.
82(9) Condition about compliance with Ministerial determination
Grant recipient has a right to adjustment of payment for changes in services, facilities or customer equipment.
82(10) Condition about compliance with Ministerial determination
Grant recipient must comply with terms and conditions of the grant.
83 Secretary has powers etc. of the Commonwealth
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.159
83(1) Secretary has powers etc. of the Commonwealth
The Secretary has powers and rights of the Commonwealth.
83(2) Secretary has powers etc. of the Commonwealth
Secretary has powers to pay amounts under section 80 contracts and grants.
Secretary has power to perform actions on behalf of the Commonwealth.
The Secretary is appointed as the representative of the Commonwealth.
The Secretary has the power to perform actions on behalf of the Commonwealth.
Secretary's powers apply during the term of the section 80 contract.
The term of the section 80 contract begins on a specified date.
The Secretary's powers to perform actions under the section 80 contract apply during this period.
Secretary's powers are limited to the duration of the section 80 contract.
The term of the section 80 contract is fixed and cannot be extended.
The Secretary's powers to perform actions under the section 80 contract are limited to this period.
Secretary has an obligation to pay amounts under section 80 contracts and grants.
The Commonwealth is obligated to provide funding for the section 80 contract.
The Secretary has an obligation to pay this amount on behalf of the Commonwealth.
Secretary knows the terms of the section 80 contract.
The Secretary has access to information about the section 80 contract.
The Secretary knows the terms of this contract.
84 Conferral of powers on the Secretary
The Secretary may exercise a power conferred on the Secretary.
85 Monitoring of performance
85(1) Monitoring of performance
The Secretary must monitor and report on significant matters relating to contractor performance and grant recipient performance.
The Secretary has a duty to monitor and report.
85(2) Monitoring of performance
Report must provide details of contractor and grant recipient compliance, notices of breach, remedial actions, and their results.
85(3) Monitoring of performance
Monitoring of performance is not limited by subsection (2).
If subsection (2) does not limit subsection (1), then monitoring of performance is not limited.
The provision overlaps with other provisions in the same part.
This section is related to other sections in this part.
The provision implies a relationship between subsections (1) and (2).
Subsection (1) is related to subsection (2).
The provision is related to other provisions in the legislative framework.
This section is connected to other parts of the legislation.
The provision uses artificial intelligence in its application.
This section is part of a legislative framework that may use AI.
This section is connected to AI applications.
85(4) Monitoring of performance
Include report in annual report for the Minister.
86 Nominal funding entitlement certificate
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.160
86(1) Nominal funding entitlement certificate
Defines funding financial year for purposes of section 86(1)
86(2) Nominal funding entitlement certificate
Secretary must issue a certificate stating the nominal funding entitlement to an eligible carrier by a certain date.
86(3) Nominal funding entitlement certificate
86(4) Nominal funding entitlement certificate
Estimate balance of Regional Broadband Scheme Special Account before issuing certificates.
(4) The following provisions have effect...
86(5) Nominal funding entitlement certificate
Secretary must take steps to ensure carrier receives due amounts and grants.
Total amounts due and payable by Commonwealth.
(c) the amounts that have, or will, become due and payable by the Commonwealth to the carrier under section 80 contracts during the funding financial year;
(d) the section 80 grants that were, or will be, made to the carrier during the funding financial year;
86(6) Nominal funding entitlement certificate
Secretary must give a copy of the certificate to ACMA upon issuing a nominal funding entitlement certificate.
Obligation to provide a copy of the certificate
86(7) Nominal funding entitlement certificate
Secretary must publish certificate on website after issuing nominal funding entitlement certificate.
Publication of certificate on Department's website
Secretary must publish certificate on website
86(8) Nominal funding entitlement certificate
Cannot transfer a nominal funding entitlement certificate.
Prohibition of transferring a nominal funding entitlement certificate.
(8) A nominal funding entitlement certificate cannot be transferred.
87 Secretary to comply with rules
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.162
87(1) Secretary to comply with rules
The Minister must make rules to be complied with by the Secretary.
(1) The Minister may, by legislative instrument, make rules to be complied with by the Secretary in relation to the performance of the Secretary’s functions, or the exercise of the Secretary’s powers, under this Division.
87(2) Secretary to comply with rules
Comply with rules in force under subsection (1)
88 Executive power of the Commonwealth
Executive power of the Commonwealth is not limited by this Division.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.163
This Division does not limit the executive power of the Commonwealth.
The executive power of the Commonwealth is not limited by this Division.
89 Regional Broadband Scheme Special Account
89(1) Regional Broadband Scheme Special Account
Establishes the Regional Broadband Scheme Special Account.
89(2) Regional Broadband Scheme Special Account
The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
90 Credits to the Account
Credit amounts to Regional Broadband Scheme Special Account
91 Distribution of whole or part of balance of the Account
91(1) Distribution of whole or part of balance of the Account
Distribute balance of Regional Broadband Scheme Special Account to carriers
Imposes a duty on the Secretary to distribute the balance
91(2) Distribution of whole or part of balance of the Account
Minister may determine rules and method for Secretary's distributions.
Obligation to determine rules and method.
91(3) Distribution of whole or part of balance of the Account
Secretary must comply with a determination in force under subsection (2).
92 Purposes of the Account
Purposes of the Regional Broadband Scheme Special Account
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.164
92A Offset for designated administrative costs—transfer to general
92A(1) Offset for designated administrative costs—transfer to general
Transfer of administrative costs to general account
92A(2) Offset for designated administrative costs—transfer to general
Total of debited amounts must not exceed lesser of relevant Budget amounts or total paid to Commonwealth by way of funding.
Lesser of relevant Budget amounts or total paid to Commonwealth by way of funding
92A(3) Offset for designated administrative costs—transfer to general
Relevant Budget amounts must be ascertained using the specified table.
Relevant Budget amounts must be ascertained.
93 Chargeable premises associated with a local access line
Chargeable premises associated with a local access line
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.166
The premises are chargeable premises associated with a local access line.
Temporal interval between premises and month
(c) The premises are not exempt premises in relation to the person for the month.
(b) particular premises are potentially chargeable premises in relation to the person for a month.
The premises are not exempt premises in relation to the person for the month.
94 Potentially chargeable premises
A person must provide funding for fixed wireless broadband and satellite broadband if they supply a designated service to potentially chargeable premises.
The person must provide funding for fixed wireless broadband and satellite broadband.
The period during which the person supplies a designated broadband service overlaps with the whole or a part of the month.
The person supplies a designated broadband service to particular premises in Australia using the line.
The person must provide funding for fixed wireless broadband and satellite broadband repeatedly if they supply a designated service to potentially chargeable premises.
A person is not required to provide funding for fixed wireless broadband and satellite broadband if they do not supply a designated service to potentially chargeable premises.
The line does not need to be physically connected to the premises.
95 Exempt premises—small networks
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.167
95(1) Exempt premises—small networks
Exempt premises for small networks if certain conditions met.
If a person is in an associated group and has fewer than 2000 potentially chargeable premises, then those premises are exempt.
95(2) Exempt premises—small networks
Small networks of exempt premises are not chargeable if the person is not a member of an associated group and has fewer than 2000 potentially chargeable premises.
If a person is not a member of an associated group and has fewer than 2000 potentially chargeable premises, then small networks of exempt premises are not chargeable.
(a) A person is not a member of an associated group during the whole or a part of a month.
(2) If each of those potentially chargeable premises are exempt premises in relation to the person for that month.
The period during which a person is not a member of an associated group overlaps with the period during which small networks of exempt premises are not chargeable.
If each of those potentially chargeable premises are exempt premises in relation to the person for that month.
Small networks of exempt premises are not chargeable until the end of the period during which a person is not a member of an associated group and has fewer than 2000 potentially chargeable premises.
The exemption from charging applies to all small networks of exempt premises during the period when a person is not a member of an associated group and has fewer than 2000 potentially chargeable premises.
(b) The total number of potentially chargeable premises in relation to the person for that month is less than 2,000; and
each of those potentially chargeable premises are exempt premises in relation to the person for that month.
95(3) Exempt premises—small networks
Person with control and associates is part of an associated group.
95(4) Exempt premises—small networks
Determine control of local access line or telecommunications network
95(5) Exempt premises—small networks
Determine associates in the same manner as Part 8 of Telecommunications Act 1997.
Same manner as Part 8 of Telecommunications Act 1997.
96 Exempt lines—local access lines transitioning to the NBN
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.168
96(1) Exempt lines—local access lines transitioning to the NBN
Exempt lines—local access lines transitioning to the NBN
96(2) Exempt lines—local access lines transitioning to the NBN
Specify agreements for local access lines transitioning to the NBN
96(3) Exempt lines—local access lines transitioning to the NBN
96(4) Exempt lines—local access lines transitioning to the NBN
Specify agreements for purposes of subparagraph (3)(e)(iv)
96(5) Exempt lines—local access lines transitioning to the NBN
A person is an exempt carrier if they meet certain conditions.
96(6) Exempt lines—local access lines transitioning to the NBN
Specify agreements for purposes of subparagraph (5)(f)(iv)
96(7) Exempt lines—local access lines transitioning to the NBN
Determine conditions for fixed wireless broadband and satellite broadband
96(8) Exempt lines—local access lines transitioning to the NBN
Agreement takes effect upon entry into force, no specification by class required
96(9) Exempt lines—local access lines transitioning to the NBN
Exemption from Legislation Act 2003 for certain subsections of this section.
Exempts subsections from Legislation Act 2003.
96(10) Exempt lines—local access lines transitioning to the NBN
96A Potentially concessional premises
Premises are potentially concessional if a carriage service provider supplies broadband to occupants.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.171
96B Recently connected greenfield premises
96B(1) Recently connected greenfield premises
Must connect premises to telecommunications network upon request.
The person is a carrier during an eligible financial year.
The person, or another person on the person's behalf, has connected one or more premises located in the development area to the telecommunications network before the end of 30 June 2019.
The declaration provides that the person must (upon request by an end-user at relevant premises) connect, or arrange for another person on the person's behalf to connect, premises located in a development area...
96B(2) Recently connected greenfield premises
Eligible local bitstream access service must be supplied during a period when a carriage service provider supplies a designated broadband service to potentially chargeable premises.
the person must supply an eligible local bitstream access service using a local access line
The period must overlap with a whole or a part of a month in an eligible financial year
during a period comprising the whole or a part of a month in an eligible financial year, the person supplies an eligible local bitstream access service using a local access line
Multiple conditions must be met simultaneously
a person is a carrier and during a period comprising the whole or a part of a month in an eligible financial year, the person supplies an eligible local bitstream access service using a local access line and during a whole or a part of that period, a carriage service provider supplies a designated broadband service to one or more premises using the line
The person must supply an eligible local bitstream access service using a local access line during the specified period
during a whole or a part of that period, a carriage service provider supplies a designated broadband service to one or more premises using the line
96B(3) Recently connected greenfield premises
Defines eligible local bitstream access service
start of 1 January 2011 and end of 30 June 2019
97 Anti-avoidance
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.173
97(1) Anti-avoidance
Carrier cannot enter into schemes to avoid application of certain provisions.
97(1A) Anti-avoidance
Carrier cannot enter into a scheme for the sole or dominant purpose of obtaining a benefit from section 20 of the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
Prohibits a carrier from entering into a scheme.
97(2) Anti-avoidance
Prohibition on aiding, abetting, or conspiring to contravene subsection (1) or (1A)
Tracing the involvement of individuals in contraventions
(c) be in any way, directly or indirectly...
Indirect prohibition on involvement in contraventions
(d) conspire with others to effect a contravention...
Direct prohibition on inducing or counseling contraventions
(b) induce, whether by threats or promises...
Direct prohibition on aiding or abetting contraventions
(a) aid, abet, counsel or procure a contravention...
97(3) Anti-avoidance
97(4) Anti-avoidance
Committing a scheme to avoid application of certain provisions is an offence.
Prohibits committing a scheme to avoid application of certain provisions.
...for the sole or dominant purpose of avoiding the application of...
97(4A) Anti-avoidance
Entering into a scheme to obtain benefit from section 20 of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 is prohibited.
97(5) Anti-avoidance
If contravention, then no effect on transaction validity
(5) A contravention of subsection (1), (1A), (2), (4) or (4A)
97(6) Anti-avoidance
another scheme is an upper bound of scheme
98 Charge offset certificate
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.175
98(1) Charge offset certificate
Eligible funding recipient may apply for charge offset certificate within specified period.
Eligible funding recipient may apply for charge offset certificate.
98(2) Charge offset certificate
Application must be in writing and in a form approved by the Secretary.
Information specified in rules made under subsection (9).
Application must be in a form approved by the Secretary.
98(3) Charge offset certificate
Secretary must issue a charge offset certificate if conditions are met.
charge offset certificate stating the amount of charge offset
Secretary must issue a charge offset certificate
98(4) Charge offset certificate
The amount specified in the certificate must not exceed certain limits.
(4) The amount specified in the certificate:
98(5) Charge offset certificate
98(6) Charge offset certificate
Secretary must give written notice of decision to refuse charge offset certificate
98(7) Charge offset certificate
Secretary must give a copy of the charge offset certificate to ACMA.
98(8) Charge offset certificate
Charge offset certificate cannot be transferred.
Prohibition of transferring charge offset certificates.
98(9) Charge offset certificate
Minister may make rules for purposes of this section.
99 Remission or refund of charge
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.177
99(1) Remission or refund of charge
The Secretary must remit a portion of the base instalment of charge if certain conditions are met.
The Secretary is obligated to remit a portion of the base instalment of charge.
a person becomes the holder of a charge offset certificate for a financial year
the Secretary must remit so much of the base instalment of charge as equals the amount specified in the certificate.
The key is part of an interval related to financial years and charge offset certificates.
The key is part of an ordered trace related to financial years and charge offset certificates.
The key is recognized as part of an interval related to financial years and charge offset certificates.
99(2) Remission or refund of charge
Secretary must inform ACMA of remission of charge
99(3) Remission or refund of charge
ACMA must vary assessment to reflect remission upon notification.
99(4) Remission or refund of charge
Secretary must refund base instalment of charge if conditions are met.
Secretary has an obligation to refund base instalment of charge.
100 Reporting obligations
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.178
100(1) Reporting obligations
Must provide written report about chargeable premises by October 31st.
100(2) Reporting obligations
The report must be in a form approved by the ACMA.
100(3) Reporting obligations
Verification of report statements by statutory declaration required.
100(3A) Reporting obligations
100(4) Reporting obligations
Report must set out total number of potentially concessional premises for a month if there are one or more in relation to the person.
100(5) Reporting obligations
If premises are reported as potentially concessional and the person did not know or could not have known they were not, the premises are taken to be potentially concessional.
(5) If particular premises are reported as potentially concessional premises in relation to the person for a month; and apart from this subsection, the premises are not potentially concessional premises in relation to the person for the month;
the premises are taken, for all purposes, to be potentially concessional premises in relation to the person for the month.
(a) particular premises are reported as potentially concessional premises in relation to the person for a month;
the person must report the premises as potentially concessional.
(b) apart from this subsection, the premises are not potentially concessional premises in relation to the person for the month;
the person must know that the premises are not potentially concessional.
(c) the person: (i) did not know; and (ii) could not, with reasonable diligence, have ascertained that the premises are not potentially concessional premises in relation to the person for the month;
the person must have ascertained that the premises are not potentially concessional.
(i) did not know; and (ii) could not, with reasonable diligence, have ascertained that the premises are not potentially concessional premises in relation to the person for the month;
the premises are taken to be potentially concessional.
the state must ensure that the premises are reported as potentially concessional.
100(6) Reporting obligations
Report must be provided by the controller of an associated group during a part of an eligible financial year.
100(7) Reporting obligations
Person must report control of local access line or telecommunications network if they have associates.
Must report control of local access line or telecommunications network if they have associates.
(7) For the purposes of subsection (6), if: (a) a person is in a position to exercise control of: (i) a local access line; or (ii) a telecommunications network; and (b) the person has one or more associates; then: (c) the person is taken to belong to an associated group; and (d) the associated group consists of the person and those associates; and (e) the person is the controller of the associated group.
100(8) Reporting obligations
question of whether a person is in a position to exercise control
during which that question is determined
Part 8 of the Telecommunications Act 1997
100(9) Reporting obligations
100(10) Reporting obligations
Report must set out total number of recently connected greenfield premises for a month.
100(11) Reporting obligations
If premises are not reported as recently connected greenfield premises, the person must report them.
particular premises are reported as recently connected greenfield premises in relation to the person for a month; and
the premises are taken, for all purposes, to be recently connected greenfield premises in relation to the person for the month.
Must report premises if not reported before
(11) If: (a) particular premises are reported as recently connected greenfield premises in relation to the person for a month; and (b) apart from this subsection, the premises are not recently connected greenfield premises in relation to the person for the month; and
Could not have ascertained that premises are not recently connected greenfield premises
(ii) could not, with reasonable diligence, have ascertained; that the premises are not recently connected greenfield premises in relation to the person for the month;
Recently connected premises must be reported
(11) If: (a) particular premises are reported as recently connected greenfield premises in relation to the person for a month; and
Must report premises if did not know or could not have ascertained that premises are not recently connected greenfield premises
101 Offence of failing to lodge report
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.181
101(1) Offence of failing to lodge report
Failing to lodge report is a strict liability offence.
The person commits a strict liability offence.
101(2) Offence of failing to lodge report
Failing to lodge report is an offence that continues each day of contravention.
102 Assessments
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.182
102(1) Assessments
ACMA must make a written assessment for a person who has given a section 100 report.
written assessment setting out specific information
102(2) Assessments
Assessment requirements for chargeable premises
Total number of chargeable premises, annual chargeable premises amount, annual base amount, annual administrative cost amount, and charge payable
Section 100 report not provided before end of October next following financial year
Assessment deadline for the financial year
May make written assessment before assessment deadline
102(3) Assessments
Assessment deadline is not a legislative instrument.
Prohibits assessments from being legislative instruments.
102(4) Assessments
Determines assessment deadline for a financial year
102(5) Assessments
102(6) Assessments
Section 20 of the Telecommunications (Regional Broadband Scheme) Charge Act 2020 applies for specific purposes.
Section 20 applies in the same way for specific purposes.
(6) Section 20 of the Telecommunications (Regional Broadband Scheme) Charge Act 2020
in the same way that it applies for the purposes of that Act.
Section 20 applies during specific periods.
for the purposes of that paragraph and subparagraph during the same period.
102A Notification of assessment
Notification of assessment to be given to person and Secretary
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.184
102B Variation of assessments
102B(1) Variation of assessments
102B(2) Variation of assessments
Assessment variation is taken as an assessment under section 102.
102C ACMA may accept statements
ACMA may accept a statement in a report under section 100 partly or completely.
102D When charge payable
102D(1) When charge payable
Charge becomes due and payable on a specified date.
102D(2) When charge payable
(2) A day allowed under paragraph (1)(b)
28 February next following the financial year.
28(3) February next following the financial year.
Publish a copy of the notice on ACMA's website.
28(4) February next following the financial year.
Eligible funding recipient must provide notice under paragraph (1)(b)
28(5) February next following the financial year.
Charge payable by a person in relation to a financial year must be paid in 2 instalments.
Imposes a duty on the state to pay the charge in instalments.
28(6) February next following the financial year.
Base instalment of charge payable by eligible funding recipient becomes due and payable on a specific date.
Eligible funding recipient has made an application for a charge offset certificate
Charge becomes due and payable on a specific date
Temporal relation between charge due date and financial year end
Charge becomes due and payable on April 30 next following the financial year
Charge due date is after the financial year end
Person has made an application under subsection 98(1)
Charge becomes due and payable on a recurring basis
Conditional commencement for charge offset certificate applications
Charge becomes due and payable on a later date if ACMA allows it
Application requirement for charge offset certificate
Eligible funding recipient has applied for a charge offset certificate
28(7) February next following the financial year.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.185
28(8) February next following the financial year.
Publish a copy of notice on ACMA's website.
Must publish a copy of notice on ACMA's website.
28(9) February next following the financial year.
Notice under subparagraph (6)(b)(ii) is not a legislative instrument.
Prohibits notices under subparagraph (6)(b)(ii) from being legislative instruments.
28(10) February next following the financial year.
Administrative cost instalment due on standard due date or later day allowed by ACMA
Obligation to pay administrative cost instalment
Administrative cost instalment becomes due and payable
28(11) February next following the financial year.
(11) A day allowed under paragraph (10)(b)
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.186
28(12) February next following the financial year.
28(13) February next following the financial year.
Notice under paragraph (10)(b) is not a legislative instrument.
Prohibits notice under paragraph (10)(b)
28(14) February next following the financial year.
Defines standard due date for financial year based on determination made under subsection (15)
28(15) February next following the financial year.
ACMA may make a determination by legislative instrument.
102E Recovery of charge
Debt due to ACMA on behalf of the Commonwealth may be recovered
Charge or instalment of charge is a debt due to ACMA on behalf of the Commonwealth
Temporal relation between recovery and charge
Recovery occurs after charge in an ordered manner
Diffusive relation between recovery and charge
Knowledge representation of debt recovery
102F Validity of assessment
Assessment validity unaffected by contravention
If there is a contravention, then assessment validity is not affected.
102G Evidence of assessment
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.187
102G(1) Evidence of assessment
Produce evidence of assessment in a proceeding.
102G(2) Evidence of assessment
102H Onus of establishing incorrectness of assessment
Party making assertion of incorrect assessment bears burden of proof.
Party making assertion has obligation to prove incorrect assessment.
Party making assertion must provide evidence to refute assessment.
102J Refund of overpayment of charge
Commonwealth must refund overpayment of charge
102K Cancellation of certain exemptions from charge
102K(1) Cancellation of certain exemptions from charge
Cancels exemptions from charge liability
102K(2) Cancellation of certain exemptions from charge
Cancellation of certain exemptions from charge does not apply if another Act is enacted after the commencement and refers specifically to a Telecommunications Charge.
If another Act is enacted after the commencement, then cancellation does not apply.
102L Commonwealth not liable to charge
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.188
102L(1) Commonwealth not liable to charge
The Commonwealth is not liable to pay charge.
102L(2) Commonwealth not liable to charge
The Commonwealth is not liable to charge for certain authorities.
If the Commonwealth is not liable to charge, then it includes a reference to an authority.
The Commonwealth is not liable to charge.
It includes a reference to an authority.
This section defines what 'authority' means for the purposes of this section.
If the Commonwealth includes a reference to an authority, then it cannot be made liable to taxation by the Commonwealth.
The Commonwealth includes a reference to an authority.
If the Commonwealth is not liable to charge, then it does not include a reference to an authority that can be made liable to taxation by the Commonwealth.
This section defines a temporal interval for when the Commonwealth is not liable to charge.
This section defines a recurring trace for when the Commonwealth is not liable to charge.
102N Late payment penalty
102N(1) Late payment penalty
Late payment penalty for unpaid charge or instalment
...is liable to pay a penalty (late payment penalty)
102N(2) Late payment penalty
Late payment penalty rate is 20% per year or lower as determined by ACMA.
Imposes a duty on the state to charge late payment penalty.
102N(3) Late payment penalty
102N(4) Late payment penalty
Late payment penalty due at the end of the day
102N(5) Late payment penalty
Late payment penalty is a debt due to the ACMA on behalf of the Commonwealth.
(5) Late payment penalty: (a) is a debt due to the ACMA on behalf of the Commonwealth; and (b) may be recovered by the ACMA, on behalf of the Commonwealth, in:
Defines temporal interval for late payment penalty
Defines recurring trace for late payment penalty
102N(6) Late payment penalty
Rounding of late payment penalty amount to the nearest dollar
Imposes a duty on the state to round late payment penalty amounts
102N(7) Late payment penalty
Late payment penalty determination is a legislative instrument.
A determination under subsection (2) is a legislative instrument.
102P Access to information or documents held by a carrier or
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.189
102P(1) Access to information or documents held by a carrier or
Carrier or carriage service provider must provide information relevant to operation of certain divisions and subsections.
Temporal interval for provision of information
(1) This section applies to a carrier or carriage service provider if the ACMA believes on reasonable grounds that the carrier or carriage service provider has information or a document that is relevant to the operation of: ... (a) Division 4, 5, 6 or 7 of this Part; or ...
Relevance to operation of certain divisions and subsections (recurring trace)
(a) Division 4, 5, 6 or 7 of this Part; or (b) subsection 102ZFA(4); or (c) the Telecommunications (Regional Broadband Scheme) Charge Act 2020.
Relevance to operation of certain divisions and subsections (diffusion)
Relevance to operation of certain divisions and subsections (CogAI)
102P(2) Access to information or documents held by a carrier or
Carrier or carriage service provider must provide information or documents to ACMA upon request.
102P(3) Access to information or documents held by a carrier or
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
102P(4) Access to information or documents held by a carrier or
Carrier must comply with requirement to the extent possible
Carrier has a duty to comply with requirement
102P(5) Access to information or documents held by a carrier or
Carrier or carriage service provider commits an offence if contravenes a notice from ACMA.
Prohibits carrier or carriage service provider from engaging in conduct that contravenes a notice.
(5) A carrier or carriage service provider commits an offence if...
...contravenes a requirement in the notice.
Establishes temporal relation between notice and contravention.
Requires recurring trace of contravention.
Represents knowledge about contravention and notice.
Validates schema of contravention and notice.
102Q Copying documents—compensation
Carrier must be paid reasonable compensation for complying with a requirement.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.190
102R Copies of documents
102R(1) Copies of documents
Inspect and copy documents produced under subsection 102P(2)
102R(2) Copies of documents
ACMA may retain possession of a copy of a document produced in accordance with a requirement.
102S ACMA may retain documents
102S(1) ACMA may retain documents
ACMA may retain documents for as long as necessary.
ACMA must retain the document for as long as necessary
Temporal interval during which documents are retained
The retention period is a temporal interval during which documents are retained
102S(2) ACMA may retain documents
Carrier or carriage service provider must be supplied with a copy of the document.
102S(3) ACMA may retain documents
Must provide certified copy as evidence in all courts and tribunals.
102S(4) ACMA may retain documents
Permit inspection and copying of documents
102T Law relating to legal professional privilege not affected
Law relating to legal professional privilege not affected
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.191
102U Access to information or documents held by an eligible
102U(1) Access to information or documents held by an eligible
Eligible funding recipient must provide information or document on reasonable grounds
Eligible funding recipient has information or document relevant to ACCC's functions
102U(2) Access to information or documents held by an eligible
Eligible funding recipient must provide information and documents to ACCC upon request.
102U(3) Access to information or documents held by an eligible
(3) A period specified under subsection (2)
must not be shorter than 14 days after the notice is given.
102U(4) Access to information or documents held by an eligible
Eligible funding recipient must comply with a requirement
102U(5) Access to information or documents held by an eligible
Eligible funding recipient commits an offence if contravenes a requirement in notice.
(5) An eligible funding recipient commits an offence if: (a) the ACCC has given a notice to the eligible funding recipient under subsection (2); and (b) the eligible funding recipient engages in conduct; and (c) the eligible funding recipient’s conduct contravenes a requirement in the notice.
(Penalty for contravention of this subsection: 50 penalty units.)
Eligible funding recipient must comply with requirements during engagement in conduct.
102V Copying documents—compensation
Eligible funding recipient entitled to reasonable compensation for complying with a requirement.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.192
Eligible funding recipient is entitled to be paid.
Complying with a requirement occurs during the same time period as receiving payment.
The timing of complying and receiving payment overlaps.
Eligible funding recipient is entitled to be paid if they comply with a requirement.
Complying implies entitlement to payment.
Eligible funding recipient's entitlement to be paid is diffused throughout the ACCC.
The ACCC diffuses the eligible funding recipient's entitlement.
Eligible funding recipient is recognized as entitled to be paid by the ACCC.
The ACCC recognizes the eligible funding recipient's entitlement.
102W Copies of documents
102W(1) Copies of documents
Inspect and copy documents produced under subsection 102U(2)
Temporal relation between inspection and copying
102W(2) Copies of documents
The ACCC may retain possession of a copy of a document produced in accordance with a requirement.
102X ACCC may retain documents
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.193
102X(1) ACCC may retain documents
ACCC may retain documents for as long as necessary.
102X(2) ACCC may retain documents
Eligible funding recipient entitled to possession of document
102X(3) ACCC may retain documents
102X(4) ACCC may retain documents
Must permit inspection and copying of documents
Obligation to inspect and copy documents
102Y Law relating to legal professional privilege not affected
102Z Disclosure of information by the ACMA to certain bodies
102Z(1) Disclosure of information by the ACMA to certain bodies
Disclosure of information to certain bodies
ACMA may disclose information to certain bodies
The information was: Schedule 4 Funding of fixed wireless broadband and satellite broadband Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 No. 47, 2020 (i) obtained under, or for the purposes of, this Division; or (ii) set out in a report under section 100;
The ACMA is satisfied that the information will enable or assist the body to perform or exercise any of the functions or powers of the body.
The ACMA may disclose information to certain bodies
The following bodies: (a) the Department; (b) the ACCC; (c) the Regional Telecommunications Independent Review Committee; (d) the Department administered by the Minister administering the Public Governance, Performance and Accountability Act 2013; (e) the Department administered by the Treasurer; (f) an authorised government agency (see subsection (2));
102Z(2) Disclosure of information by the ACMA to certain bodies
Declare a government agency as authorised for disclosure purposes
102Z(3) Disclosure of information by the ACMA to certain bodies
Imposing conditions on information disclosure
102Z(4) Disclosure of information by the ACMA to certain bodies
Imposes prohibition on notifiable instruments
102Z(5) Disclosure of information by the ACMA to certain bodies
Disclosure of information by the ACMA to certain bodies
102ZA Disclosure of information by the ACCC to certain bodies
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.194
102ZA(1) Disclosure of information by the ACCC to certain bodies
102ZA(2) Disclosure of information by the ACCC to certain bodies
Declare a government agency for the purposes of paragraph (1)(f)
102ZA(3) Disclosure of information by the ACCC to certain bodies
102ZA(4) Disclosure of information by the ACCC to certain bodies
102ZA(5) Disclosure of information by the ACCC to certain bodies
An instrument made under subsection (3) is a legislative instrument.
102ZB Register of Contracts for the Funding of Fixed Wireless
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.195
102ZB(1) Register of Contracts for the Funding of Fixed Wireless
Maintain a register of contracts for the funding of fixed wireless broadband and satellite broadband.
Register of Contracts for the Funding of Fixed Wireless Broadband and Satellite Broadband
102ZB(2) Register of Contracts for the Funding of Fixed Wireless
Register of Contracts for the Funding of Fixed Wireless to be maintained by electronic means.
102ZB(3) Register of Contracts for the Funding of Fixed Wireless
Make Register of Contracts available for inspection on Department's website.
Obligation to make Register of Contracts available
102ZB(4) Register of Contracts for the Funding of Fixed Wireless
The Register of Contracts for the Funding of Fixed Wireless is not a legislative instrument.
102ZC Register of Grants for the Funding of Fixed Wireless
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.196
102ZC(1) Register of Grants for the Funding of Fixed Wireless
Maintain a register of grants for the funding of fixed wireless broadband and satellite broadband.
102ZC(2) Register of Grants for the Funding of Fixed Wireless
Register of Grants for the Funding of Fixed Wireless to be maintained by electronic means.
102ZC(3) Register of Grants for the Funding of Fixed Wireless
Make Register of Grants available for inspection on Department's website.
Obligation to make Register of Grants available
102ZC(4) Register of Grants for the Funding of Fixed Wireless
The Register of Grants for the Funding of Fixed Wireless is not a legislative instrument.
102ZD Publication of charge payments and charge offsets
Publish charge payments and charge offsets on website
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.197
102ZE ACMA may give certain information to the ACCC
ACMA must provide information to the ACCC.
102ZF Report about the number of premises supplied with
102ZF(1) Report about the number of premises supplied with
Report about the number of premises supplied with a carriage service
(1) For the purposes of this section, if...
102ZF(2) Report about the number of premises supplied with
Must provide written report with premises information to ACCC.
1 July 2019 instead of the designated start date); and
Report exempt premises, lines, and concessional premises
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.198
Must report exempt premises, lines, and concessional premises
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.199
1(3) July 2019 instead of the designated start date); and
Conditional commencement Review must be conducted within 4 years after commencement. The report must be in a form approved by the ACCC.
Obligation to provide a report in a specific form.
1(4) July 2019 instead of the designated start date); and
The Minister may give the ACMA a written direction requiring the ACMA to make available specified information. Section 42 of the Legislation Act 2003 does not apply to the determination. Verification of statements in the report may be required.
The Minister may give the ACMA a written direction.
Section 42 of the Legislation Act 2003 is excluded from application.
The 15 sitting day disallowance period overlaps with the 15 sitting day disallowance period mentioned in paragraph 42(1)(b) of the Legislation Act 2003.
same as the 15 sitting day disallowance period mentioned in paragraph 42(1)(b) of the Legislation Act 2003.
The 15 sitting day notice period and disallowance period are repeated.
same as the 15 sitting day notice period mentioned in paragraph 42(1)(a) of the Legislation Act 2003.
The determination is subject to the same conditions as the disallowance under section 42 of the Legislation Act 2003.
Verification of statements in the report may be required.
Verification required on designated start date
July 2019 instead of the designated start date
1(4A) July 2019 instead of the designated start date); and
Report associate information if applicable
1(5) July 2019 instead of the designated start date); and
Strict liability offence for omitting to do an act under a requirement. Comply with direction under subsection (4)
(5) A person commits a strict liability offence if...
1(6) July 2019 instead of the designated start date); and
The Minister may give the ACCC a written direction requiring them to make available specified information. Separate offence for each day of contravention
The Minister may give the ACCC a written direction.
The direction is given at a specific point in time.
(6) A person who contravenes subsection (5)
commits a separate offence in respect of each day...
1(7) July 2019 instead of the designated start date); and
Comply with a direction under subsection (6) Defines applicable reporting period
1(1) July 2019 instead of the designated start date); and
Review of matters related to this Part and its amendments Disallowance of determinations made under subsections 76AA(2) or 79A(1) or (2)
1(2) July 2019 instead of the designated start date); and
Resolution to disallow determination within 15 sitting days Public consultation must be provided during a review under subsection (1).
Notice given in House within 15 sitting days
Resolution must be passed within 15 sitting days
Combination of conditions for resolution effectiveness
Notice must be given in that House within 15 sitting days
Resolution must be passed, in pursuance of the motion
Obligation to provide public consultation.
1(8) July 2019 instead of the designated start date); and
Minister must prepare report after review
1(9) July 2019 instead of the designated start date); and
Table report in each House of Parliament within 25 sitting days
The Minister must cause copies of the report to be tabled in each House of the Parliament
The Minister must cause copies of the report to be tabled in each House of the Parliament within 25 sitting days
1(3A) July 2019 instead of the designated start date); and
Disallow determination if motion is not withdrawn or disposed of within 15 sitting days.
Prohibits determination if motion is not withdrawn or disposed of within 15 sitting days.
(3A) If: (a) notice of a motion to disallow the determination is given in a House of the Parliament within 15 sitting days of that House after the copy of the determination was tabled in that House under section 38 of the Legislation Act 2003; and (b) at the end of 15 sitting days of that House after the giving of that notice of motion: (i) the notice has not been withdrawn and the motion has not been called on; or (ii) the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of; the determination is then taken to have been disallowed, and subsection (3) does not apply to the determination.
102ZG Delegation by the Secretary
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.202
102ZG(1) Delegation by the Secretary
The Secretary may delegate functions or powers to an SES employee.
102ZG(2) Delegation by the Secretary
Delegate must comply with written directions of the Secretary.
102ZH Meaning of capable
Disregard expression technically capable when used in section 76AA.
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.203
1 After section 98A
telecommunications-legislation-amendment-competition-and-consumer-act-2020.pdf, p.204
98B Mapping data
98B(1) Mapping data
Provide mapping data to the Secretary within 30 days after direction.
98B(1A) Mapping data
Provide mapping data within a specified timeframe.
98B(2) Mapping data
Direct NBN Co to provide mapping data within 30 days.
Mapping data about relevant premises connected, or due to be connected, to the national broadband network.
98B(2A) Mapping data
Direct NBN Co to provide mapping data within 90 days.
Mapping data includes boundaries and identification code for national broadband network serving area module.
98B(3) Mapping data
Mapping data must be in a form that allows separate maps to be produced for each technology type of connection.
Must provide separate maps for each technology type.
Mapping data must be in a format that allows separate maps to be produced.
98B(4) Mapping data
NBN Co must ensure mapping data complies with specified requirements.
NBN Co has an obligation to ensure mapping data complies with specified requirements.
The obligation applies within 14 days after the commencement of this section.
(4) Within 14 days after the commencement of this section, the Secretary must...
The Secretary is permitted to direct NBN Co to ensure mapping data complies with specified requirements.
98B(5) Mapping data
The Secretary may direct NBN Co to ensure compliance with specified requirements.
98B(6) Mapping data
Comply with direction given by Secretary
(6) NBN Co must comply with a direction given by the Secretary under subsection (2), (2A), (4) or (5). National Map website
98B(7) Mapping data
Must arrange for mapping data to be made available on the National Map website.
98B(7A) Mapping data
Must arrange for mapping data to be made available on National Map website within 30 days.
Describes the temporal relationship between the condition and the action
(7A) Before the end of the 30-day period beginning on the day on which the Secretary is provided the mapping data under subsection (1A), the Secretary must arrange for the mapping data to be made available on the National Map website (https://nationalmap.gov.au) in colour-coded format.
Describes a temporal relationship between the condition and the action
98B(8) Mapping data
Defines terms for national broadband network serving area module
national broadband network serving area module means a geographical region within NBN Co’s fixed-line footprint
relevant premises means planned premises (whether or not construction of the planned premises has commenced) or existing premises
technology type of a connection to the national broadband network means fibre to the node or fibre to the curb or fibre to the premises or HFC or fixed wireless or satellite or any other type of technology
technology type of a connection to the national broadband network is one of the specified types