(a) definition of designated superfast telecommunications network;

(b) definition of Layer 2 bitstream service;

(c) definition of national broadband network;

(d) definition of superfast carriage service.

a Layer 2 bitstream service (within the ordinary meaning of that expression); and

it had been made under subsection 144(1) of that Act; and

each reference in the instrument to section 141 of that Act were a reference to section 143 of that Act.

it had been made under subsection 144(2) of that Act; and

each reference in the instrument to section 141 of that Act were a reference to section 143 of that Act.

it had been made under subsection 144(3) of that Act; and

each reference in the instrument to subsections 141(2) and (3) of that Act were a reference to subsection 143(2) of that Act.

the network came into existence before the designated commencement date; and

the network has not been altered, upgraded or extended on or after the designated commencement date; and

no functional separation undertaking given by the carrier is in force.

alone; or

jointly with one or more other persons.

(db) the operation of Part 8 of the Telecommunications Act 1997 (which deals with local access lines); or

(iib) the operation of Part 8 of the Telecommunications Act 1997 (which deals with local access lines); or

(iib) the operation of Part 8 of the Telecommunications Act 1997 (which deals with local access lines); or

(iib) the operation of Part 8 of the Telecommunications Act 1997 (which deals with local access lines); or

(aa) the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 made under subsection 63(2) of that Act;

the condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI;

the line came into existence, or was upgraded, on or after the designated commencement date; and

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; and

no functional separation undertaking is in force.

the line is part of the infrastructure of the network; and

the network came into existence, or was upgraded, on or after 1 January 2011, but before the designated commencement date; and

the network 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; and

no functional separation undertaking is in force.

ordering; and

provisioning; and

billing; and

service activation; and

fault rectification;

a standard functional separation undertaking; or

a joint functional separation undertaking.

a building that has 2 or more units for occupation as a place of residence or business; or

a building in a complex, where each building has 2 or more units for occupation as a place of residence or business.

a carrier; or

a service provider.

an employee; or

a contractor or subcontractor; or

an employee of a contractor or subcontractor.

alone; or

jointly with one or more other persons.

a notional contract (however described) between a corporation’s business units is to be treated as if it were an actual contract; and

any terms and conditions (whether or not relating to price or a method of ascertaining price) in such a notional contract are to be treated as if they were actual terms and conditions.

any breaches by the person of functional separation undertakings given by the person, so long as the breaches occurred when the undertakings were in force; and

any contraventions by the person of section 143B, 151ZA, 151ZB, 151ZF, 151ZG, 151ZH or 151ZI.

if a carriage service is specified in an instrument under subsection (2)—that carriage service; or

otherwise—a Layer 2 bitstream service.

the carriage service enables end-users to download communications; and

the download transmission speed of the carriage service is normally 25 megabits per second or more; and

the carriage service is supplied using a line to premises occupied or used by an end-user; and

(d) there is in force a declaration under subsection 152AL(3) of the Competition and Consumer Act 2010 that relates to the carriage service.

the line is part of the infrastructure of a telecommunications network in Australia; and

the network is not the national broadband network; and

the line is used, or proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia; and

either:

the line came into existence on or after the designated commencement date; or

the line was altered or upgraded on or after the designated commencement date, and as a result of the alteration or upgrade, the line became capable of being used to supply a superfast carriage service to residential customers in Australia.

is in a position to exercise control of the line; or

is an associate of a person who is in a position to exercise control of the line;

a carrier; or

a service provider.

the ACCC has given a notice under section 151W revoking the undertaking; and

the revocation has not taken effect; and

the line came into existence after the notice was given.

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, or party to, a contravention of subsection (2); or

conspire with others to effect a contravention of subsection (2).

is in a position to exercise control of the network; or

is an associate of a person who is in a position to exercise control of the network;

a carrier; or

a service provider.

the ACCC has given a notice under section 151W revoking the undertaking; and

the revocation has not taken effect; and

the line came into existence after the notice was given.

(a) the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 is in force; and

the line is part of the infrastructure of a designated telecommunications network (within the meaning of that declaration); and

a carrier owns or operates the network; and

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.

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, or party to, a contravention of subsection (2); or

conspire with others to effect a contravention of subsection (2).

the ACCC; or

a carrier; or

a carriage service provider;

an order directing the person to comply with that subsection;

an order directing the person to compensate any other person (who may be the applicant) who has suffered loss or damage as a result of the contravention;

any other order that the Court thinks appropriate.

a person is included in a specified class of persons; and

the person has, by written notice given to the ACCC, elected to be bound by the determination; and

the person has not, by written notice given to the ACCC, cancelled the election; and

in a case where the person is not a member of an associated group—the number of residential customers to whom the person supplies fixed-line carriage services does not exceed:

2,000; or

if a higher number (not exceeding 12,000) is specified in the regulations—that higher number; and

in a case where the person is a member of an associated group—the total number of residential customers to whom the members of the group supply fixed-line carriage services does not exceed:

2,000; or

if a higher number (not exceeding 12,000) is specified in the regulations—that higher number;

a person is included in a specified class of persons; and

the person has, by written notice given to the ACCC, elected to be bound by the determination; and

the person has not, by written notice given to the ACCC, cancelled the election; and

in a case where the person is not a member of an associated group—the number of residential customers to whom the person supplies fixed-line carriage services does not exceed:

2,000; or

if a higher number (not exceeding 12,000) is specified in the regulations—that higher number; and

in a case where the person is a member of an associated group—the total number of residential customers to whom the members of the group supply fixed-line carriage services does not exceed:

2,000; or

if a higher number (not exceeding 12,000) is specified in the regulations—that higher number;

the person must ensure that a designated carriage service is available for supply to wholesale customers, or prospective wholesale customers, of the person;

the person must not discriminate between the person’s wholesale customers, or the person’s prospective wholesale customers, in relation to the supply of designated carriage services;

the person must not discriminate in favour of itself in relation to the supply of designated carriage services;

the person must not, in carrying on any of the following activities, discriminate between the person’s wholesale customers or the person’s prospective wholesale customers:

developing a new eligible service;

enhancing an eligible service;

extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

an activity that is preparatory to the supply of an eligible service;

an activity that is ancillary or incidental to the supply of an eligible service;

giving information to service providers about any of the above activities;

the person must not discriminate in favour of itself in relation to the carrying on of any of the following activities:

developing a new eligible service;

enhancing an eligible service;

extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

an activity that is preparatory to the supply of an eligible service;

an activity that is ancillary or incidental to the supply of an eligible service;

giving information to service providers about any of the above activities;

such other conditions and limitations as are specified in the determination.

evidence that the wholesale customer or prospective wholesale customer is not creditworthy; and

repeated failures by the wholesale customer or prospective wholesale customer to comply with the terms and conditions on which the person supplied eligible services (whether or not using the line).

whether the determination promotes the long-term interests of end-users of carriage services or of services supplied by means of carriage services; and

the matters (if any) specified in a determination under subsection (9); and

such other matters (if any) as the ACCC considers relevant.

a person is in a position to exercise control of:

a local access line; or

a telecommunications network; and

the person has one or more associates;

the person is taken to belong to an associated group; and

the associated group consists of the person and those associates.

aid, abet, counsel or procure a contravention of subsection (1); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or

conspire with others to effect a contravention of subsection (1).

the ACCC; or

a carrier; or

a carriage service provider;

an order directing the person to comply with the condition or limitation;

an order directing the person to compensate any other person (who may be the applicant) who has suffered loss or damage as a result of the contravention;

any other order that the Court thinks appropriate.

have elected to be bound by the determination; and

have not cancelled the election concerned.

a part of the infrastructure of a telecommunications network is situated in a particular area that:

on 1 January 2011, was being developed as a particular stage of a real estate development project; or

before 1 January 2011, was developed as a particular stage of a real estate development project; and

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; and

a carrier installs telecommunications network infrastructure; and

the infrastructure mentioned in paragraph (c) is part of the extension;

a part of the infrastructure of a telecommunications network is situated in a particular area that:

on 1 January 2011, was being developed as a particular stage of a real estate development project; or

before 1 January 2011, was developed as a particular stage of a real estate development project; and

during the period:

beginning at the start of the designated commencement date; and

(ii) ending when the Minister makes a declaration under National Broadband Network Companies Act 2011 that, in the Minister’s opinion, the national broadband network should be treated as built and fully operational;section 48 of the

the project area of a real estate development project specified under subsection (3); or

the project area of a real estate development project that belongs to a class of real estate development projects specified under subsection (5); or

the project area of a building redevelopment project specified under subsection (6); or

the project area of a building redevelopment project that belongs to a class of building redevelopment projects specified under subsection (8); and

a carrier installs telecommunications network infrastructure; and

the infrastructure mentioned in paragraph (c) is part of the extension;

the significant refurbishment or repurposing of one or more buildings so as to bring into existence one or more building units; and

the making available of any or all of those building units for sale or lease.

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; or

one or more approvals are given, are required, or will be required, under a law of the Commonwealth, a State or a Territory, for the project, or any element of the project.

a telecommunications network came into existence on or after 1 January 2011; and

a line came into existence on or after the designated commencement date for the purposes of connecting particular premises to the network; and

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; and

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; and

the line mentioned in paragraph (b) is used to supply a superfast carriage service;

(a) a designated telecommunications network (within the meaning of the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014) was in existence immediately before the designated commencement date; and

a line came into existence on or after the designated commencement date for the purposes of connecting particular premises to the network; and

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; and

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; and

the line mentioned in paragraph (b) is used to supply a superfast carriage service;

(a) the Telecommunications (Network Exemption—TransACT Very Small Scale Networks) Instrument 2012 was in force at the start of the designated commencement date; and

a line came into existence on or after the designated commencement date; and

the line forms part of the infrastructure of:

an ACT Very Small Scale Network that is a FTTP network or a VDSL network (within the meaning of that instrument); or

a Victorian Very Small Scale Network that is a FTTP network, a VDSL network or a HFC network (within the meaning of that instrument); and

that instrument has not ceased to be in force;

(a) the Telecommunications (Network Exemption—Telstra South Brisbane Network) Instrument 2012 was in force at the start of the designated commencement date; and

a line came into existence on or after the designated commencement date; and

the line forms part of the infrastructure of the Telstra South Brisbane Network (within the meaning of that instrument); and

that instrument has not ceased to be in force;

(a) the Telecommunications (Network Exemption—TransACT Upgraded VDSL Networks) Instrument 2012 was in force at the start of the designated commencement date; and

a line came into existence on or after the designated commencement date; and

the line forms part of the infrastructure of a TransACT Upgraded VDSL Network (within the meaning of that instrument); and

that instrument has not ceased to be in force;

(a) the Telecommunications (Network Exemption—Specified Velocity Networks) Instrument 2012 was in force at the start of the designated commencement date; and

a line came into existence on or after the designated commencement date; and

the line forms part of the infrastructure of a Specified Velocity Network (within the meaning of that instrument); and

that instrument has not ceased to be in force;

a local access line is part of the infrastructure of a telecommunications network operated by a carrier; and

the network is marketed by the carrier exclusively as a business network; and

the line is used, or proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia; and

that use or proposed use, when considered in relation to the use or proposed use of all of the local access lines that are part of the infrastructure of the network, is minor; and

the other conditions (if any) determined under subsection (2) have been satisfied;

provide that the person will maintain:

a single wholesale business unit; and

a single retail business unit; and

provide that the person will maintain arm’s length functional separation between:

the person’s wholesale business unit; and

the person’s retail business unit; and

provide that the person will ensure that:

the terms and conditions relating to price or a method of ascertaining price; and

other terms and conditions;

provide that the person will, to the extent specified in the undertaking, ensure that the workers who perform their duties for the person’s wholesale business unit are different from the workers who perform their duties for the person’s retail business unit; and

provide that the person will, to the extent specified in the undertaking, ensure that there are separate:

operational support systems; and

business systems; and

communications systems; and

accounts;

the person’s wholesale business unit; and

the person’s retail business unit; and

provide that the person will publish on the person’s website:

the terms and conditions relating to price or a method of ascertaining price; and

other terms and conditions;

the person’s retail business unit;

the person’s wholesale customers or prospective wholesale customers; and

provide that the person will:

if requested to do so by a wholesale customer or prospective wholesale customer, supply a local access line service to the wholesale customer or prospective wholesale customer; and

do so on the terms and conditions that were published on the person’s website at the time when the request was made; and

provide that the person will ensure that information provided to the person’s wholesale business unit by the person’s wholesale customers is not disclosed to the person’s retail business unit; and

provide that the person will ensure that the person’s retail business unit does not obtain, access or use information provided to the person’s wholesale business unit by the person’s wholesale customers; and

provide that the person will ensure that information provided to the person’s retail business unit by a carrier or carriage service provider (other than information of a kind specified in a determination under subsection (13)) is not disclosed to the person’s wholesale business unit; and

provide that the person will ensure that the person’s wholesale business unit does not obtain, access or use information provided to the person’s retail business unit by a carrier or carriage service provider (other than information of a kind specified in a determination under subsection (13)); and

provide that the person will use the same customer interface for dealings between:

the person’s wholesale business unit; and

the person’s wholesale customers;

the person’s wholesale business unit; and

the person’s retail business unit; and

contain such other provisions (if any) as are specified in a determination under subsection (14); and

not contain a provision of a kind specified in a determination under subsection (15).

be in a form approved in writing by the ACCC; and

be accompanied by such information as is reasonably likely to assist the ACCC to decide whether to accept or reject the undertaking; and

be accompanied by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (16).

must state that the provisions of the undertaking covered by paragraphs (2)(a), (b), (c), (f), (g), (h), (i), (j) and (k) are fundamental provisions; and

may state that one or more other provisions of the undertaking are fundamental provisions.

relate to the person’s compliance with the undertaking; and

are in a form approved in writing by the ACCC.

prepare a plan (to be known as a compliance plan) setting out the actions to be taken by the person for the purpose of ensuring that the person complies with the undertaking; and

give the ACCC:

a copy of the compliance plan; and

a copy of any variation of the compliance plan.

a corporation is included in a specified class of corporations; and

the corporation has, by written notice given to the ACCC, elected to be bound by the determination; and

the corporation has not, by written notice given to the ACCC, cancelled the election; and

the ACCC has not revoked the election under subsection (7);

the corporation had given a standard functional separation undertaking in the terms set out in the determination; and

the ACCC had accepted the undertaking; and

if the election was given before the designated commencement date—the undertaking had come into force on the designated commencement date; and

if the election was given on or after the designated commencement date—the undertaking had come into force when the election was given to the ACCC.

paragraphs 151A(2)(a) to (m);

subsections 151A(9), (10) and (11).

subsections 151A(4) to (8);

section 151N;

section 151P;

section 151Q;

section 151W.

this Act does not prevent the corporation from giving the ACCC another standard functional separation undertaking; and

if the other standard functional separation undertaking comes into force—the corporation is taken to have cancelled the election immediately before the other standard functional separation undertaking comes into force.

this Act does not prevent the corporation, together with one or more other persons, from giving the ACCC a joint functional separation undertaking; and

if the joint functional separation undertaking comes into force—the corporation is taken to have cancelled the election immediately before the joint functional separation undertaking comes into force.

publish on the ACCC’s website a notice:

setting out the draft determination; and

inviting persons to make submissions to the ACCC about the draft determination within the time limit specified in the notice; and

consider any submissions received within the time limit specified in the notice.

a standard functional separation undertaking is in force as the result of an election made by a person as mentioned in paragraph (1)(b); and

any of the following conditions is satisfied:

the person has breached a fundamental provision of the undertaking;

the person has contravened section 151ZF or 151ZG;

the ACCC is satisfied that the person has an unsatisfactory compliance record in relation to functional separation;

identify:

one or more (but not all) of those persons as the wholesaler or wholesalers for the purposes of the undertaking; and

the remaining person or persons as the retailer or retailers for the purposes of the undertaking; and

provide that a wholesaler will not supply a local access line service to a person unless the person is a wholesale customer; and

provide that a retailer will not supply a local access line service to a person unless the person is a retail customer; and

provide that a wholesaler will, to the extent specified in the undertaking, ensure that the wholesaler’s workers will perform their duties exclusively for the wholesaler; and

provide that a retailer will, to the extent specified in the undertaking, ensure that the retailer’s workers will perform their duties exclusively for the retailer; and

provide that a wholesaler will, to the extent specified in the undertaking, ensure that the workers who:

are engaged by persons other than the wholesaler; and

perform duties for the wholesaler;

are engaged by persons other than the wholesaler; and

perform duties for a retailer; and

provide that a retailer will, to the extent specified in the undertaking, ensure that the workers who:

are engaged by persons other than the retailer; and

perform duties for the retailer;

are engaged by persons other than the retailer; and

perform duties for a wholesaler; and

provide that a wholesaler will ensure that no director of the wholesaler is a director of a retailer; and

provide that a retailer will ensure that no director of the retailer is a director of a wholesaler; and

provide that:

the wholesaler or wholesalers; and

the retailer or retailers;

operational support systems; and

business systems; and

communications systems; and

accounts; and

provide that a wholesaler will publish on the wholesaler’s website:

the terms and conditions relating to price or a method of ascertaining price; and

other terms and conditions;

a retailer;

its wholesale customers or prospective wholesale customers; and

provide that a wholesaler will:

if requested to do so by a wholesale customer or prospective wholesale customer, supply a local access line service to the wholesale customer or prospective wholesale customer; and

do so on the terms and conditions that were published on the wholesaler’s website at the time when the request was made; and

provide that a wholesaler will ensure that information provided by its wholesale customers (other than the retailer or retailers) is not disclosed to any of the retailers; and

provide that a retailer will ensure that it does not obtain, access or use information provided to any of the wholesalers by the wholesaler’s wholesale customers; and

provide that a retailer will ensure that information provided to the retailer by a carrier or carriage service provider, other than:

information provided by a wholesaler; or

information of a kind specified in a determination under subsection (15);

provide that a wholesaler will ensure that it does not obtain, access or use information provided to any of the retailers by a carrier or carriage service provider, other than:

information provided by a wholesaler; or

information of a kind specified in a determination under subsection (15); and

provide that a wholesaler will use the same customer interface for dealings between:

the wholesaler; and

the wholesaler’s wholesale customers (other than the retailer or retailers);

the wholesaler; and

a retailer; and

contain such other provisions (if any) as are specified in a determination under subsection (16); and

not contain a provision of a kind specified in a determination under subsection (17).

be in a form approved in writing by the ACCC; and

be accompanied by such information as is reasonably likely to assist the ACCC to decide whether to accept or reject the undertaking; and

be accompanied by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (18).

must state that the provisions of the undertaking covered by paragraphs (2)(a), (b), (c), (h), (i), (k), (l), (m), (n), (o) and (p) are fundamental provisions; and

may state that one or more other provisions of the undertaking are fundamental provisions.

relate to the wholesaler’s compliance with the undertaking; and

are in a form approved in writing by the ACCC.

relate to the retailer’s compliance with the undertaking; and

are in a form approved in writing by the ACCC.

prepare a plan (to be known as a compliance plan) setting out the actions to be taken by the wholesaler for the purpose of ensuring that the wholesaler complies with the undertaking; and

give the ACCC:

a copy of the compliance plan; and

a copy of any variation of the compliance plan.

prepare a plan (to be known as a compliance plan) setting out the actions to be taken by the retailer for the purpose of ensuring that the retailer complies with the undertaking; and

give the ACCC:

a copy of the compliance plan; and

a copy of any variation of the compliance plan.

a person gives the ACCC a standard functional separation undertaking; or

2 or more persons give the ACCC a joint functional separation undertaking.

a person gives the ACCC a standard functional separation undertaking; or

2 or more persons give the ACCC a joint functional separation undertaking.

the person or persons withdraw the undertaking; and

the person or persons have paid a fee in relation to the undertaking;

a person gives the ACCC a standard functional separation undertaking; or

2 or more persons give the ACCC a joint functional separation undertaking.

accept the undertaking; or

reject the undertaking.

stating that the undertaking has been rejected; and

setting out the reasons for the rejection.

if:

the ACCC has given a notice under section 151K in relation to the undertaking; and

no varied undertaking was given to the ACCC in response to the notice;

if:

the ACCC has given a notice under section 151K in relation to the undertaking; and

a varied undertaking was given to the ACCC in response to the notice;

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; and

if the ACCC has not given a notice under section 151K in relation to the undertaking—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; and

if the ACCC has requested further information under section 151D in relation to the undertaking—a day during any part of which the request, or any part of the request, remains unfulfilled.

the extension is for a period of not more than 3 months; and

the notice includes a statement explaining why the ACCC has been unable to make a decision on the undertaking within the initial 3-month period.

a person gives the ACCC a standard functional separation undertaking; or

2 or more persons give the ACCC a joint functional separation undertaking.

publish on the ACCC’s website a notice:

setting out the undertaking; and

inviting persons to make submissions to the ACCC about the undertaking within the time limit specified in the notice; and

consider any submissions received within the time limit specified in the notice.

(a) a person gives the ACCC a standard functional separation undertaking (the first functional separation undertaking); and

the ACCC rejects the first functional separation undertaking; and

the person subsequently gives the ACCC another standard functional separation undertaking; and

the ACCC is satisfied that any or all of the provisions of the first functional separation undertaking are materially similar to any or all of the provisions of the other functional separation undertaking;

(a) 2 or more persons give the ACCC a joint functional separation undertaking (the first functional separation undertaking); and

the ACCC rejects the first functional separation undertaking; and

those persons subsequently give the ACCC another joint functional separation undertaking; and

the ACCC is satisfied that any or all of the provisions of the first functional separation undertaking are materially similar to any or all of the provisions of the other functional separation undertaking;

the ACCC refuses to consider a functional separation undertaking under this section; and

a person or persons have paid a fee in relation to the undertaking;

a person gives the ACCC a standard functional separation undertaking; or

2 or more persons give the ACCC a joint functional separation undertaking.

whether the undertaking promotes the long-term interests of end-users of carriage services or of services supplied by means of carriage services; and

the matters (if any) specified in a determination that was in force under subsection (3) at the time the undertaking was given; and

such other matters (if any) as the ACCC considers relevant.

(a) a person gives the ACCC a standard functional separation undertaking (the original undertaking); or

(b) 2 or more persons give the ACCC a joint functional separation undertaking (the original undertaking).

the person makes, or the persons make, such variations to the original undertaking as are specified in the notice; and

the person gives, or the persons give, the varied undertaking to the ACCC within the period specified in the notice;

the person withdraws the original undertaking; and

the person, together with one or more other persons specified in the notice, gives a joint functional separation undertaking in the terms specified in the notice; and

the person does the things mentioned in paragraphs (a) and (b) within the time limit specified in the notice;

(a) a standard functional separation undertaking (the existing undertaking) given by a person is in force; and

at least 12 months before the expiry of the existing undertaking, the person gives the ACCC another standard functional separation undertaking;

(a) a joint functional separation undertaking (the existing undertaking) given by 2 or more persons is in force; and

at least 12 months before the expiry of the existing undertaking, those persons give another joint functional separation undertaking to the ACCC;

(a) a standard functional separation undertaking (the existing undertaking) given by a person is in force; and

another functional separation undertaking is given to the ACCC by the person; and

the ACCC rejects the other undertaking;

omitting the expiry time specified in the existing undertaking; and

substituting the expiry time specified in the notice.

must be later than the rejection of the other undertaking; and

must not be later than 12 months after the rejection of the other undertaking.

(a) a joint functional separation undertaking (the existing undertaking) given by 2 or more persons is in force; and

another functional separation undertaking is given to the ACCC by a person who is one of the persons mentioned in paragraph (a); and

the ACCC rejects the other undertaking;

omitting the expiry time specified in the existing undertaking; and

substituting the expiry time specified in the notice.

must be later than the rejection of the other undertaking; and

must not be later than 12 months after the rejection of the other undertaking.

publish on the ACCC’s website a notice:

setting out the proposed variation; and

inviting persons to make submissions to the ACCC about the proposed variation within the time limit specified in the notice; and

consider any submissions received within the time limit specified in the notice.

either:

(i) a person gives the ACCC a standard functional separation undertaking (the new undertaking); or

(ii) 2 or more persons give the ACCC a joint functional separation undertaking (the new undertaking); and

the ACCC accepts the new undertaking.

in a case where the new undertaking is accepted before the designated commencement date—the new undertaking comes into force:

on the designated commencement date; or

if a later day is specified in the new undertaking—on that day; and

in a case where the new undertaking is accepted on or after the designated commencement date—the new undertaking comes into force:

on the day after it is accepted; or

if a later day is specified in the new undertaking—on that day; and

unless sooner revoked, the new undertaking continues in force until it expires.

the new undertaking comes into force immediately after the expiry of the other undertaking; and

unless sooner revoked, the new undertaking continues in force until it expires.

a standard functional separation undertaking given by a person is in force; or

a joint functional separation undertaking given by 2 or more persons is in force.

be accompanied by such information as is reasonably likely to assist the ACCC to decide whether to accept or reject the variation; and

be accompanied by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (6).

a person gives the ACCC a variation of a standard functional separation undertaking; or

2 or more persons give the ACCC a variation of a joint functional separation undertaking.

a person gives the ACCC a variation of a standard functional separation undertaking; or

2 or more persons give the ACCC a variation of a joint functional separation undertaking.

the person or persons withdraw the variation; and

the person or persons have paid a fee in relation to the variation;

a person gives the ACCC a variation of a standard functional separation undertaking; or

2 or more persons give the ACCC a variation of a joint functional separation undertaking.

accept the variation; or

reject the variation.

stating that the variation has been accepted; and

setting out the terms of the variation.

stating that the variation has been rejected; and

setting out the reasons for the rejection.

a day in the period:

beginning on the day on which the ACCC published the variation under section 151U; and

ending at the end of the time limit specified by the ACCC when it published the variation under section 151U; and

if the ACCC has requested further information under section 151R in relation to the variation—a day during any part of which the request, or any part of the request, remains unfulfilled.

the extension is for a period of not more than 3 months; and

the notice includes a statement explaining why the ACCC has been unable to make a decision on the variation within the initial 3-month period.

a person gives the ACCC a variation of a standard functional separation undertaking; or

2 or more persons give the ACCC a variation of a joint functional separation undertaking.

publish on the ACCC’s website a notice:

setting out the variation; and

inviting persons to make submissions to the ACCC about the variation within the time limit specified in the notice; and

consider any submissions received within the time limit specified in the notice.

a person gives the ACCC a variation of a standard functional separation undertaking; or

2 or more persons give the ACCC a variation of a joint functional separation undertaking.

whether the variation promotes the long-term interests of end-users of carriage services or of services supplied by means of carriage services; and

the matters (if any) specified in a determination under subsection (3); and

such other matters (if any) as the ACCC considers relevant.

a standard functional separation undertaking given by a person is in force; and

the person has:

breached a fundamental provision of the undertaking; or

contravened section 151ZF or 151ZG;

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;

a standard functional separation undertaking given by a person is in force; and

the person requests the ACCC, in writing, to revoke the undertaking;

must not be earlier than the time the notice is given; and

must not be later than 12 months after the notice is given.

the undertaking does not apply to local access line services supplied using a local access line that came into existence after the notice was given; and

(b) the definitions of retail business unit and wholesale business unit in section 142A (in so far as those definitions relate to the undertaking) have effect as if references in those definitions to the supply of local access line services did not include the supply of local access line services using a local access line that came into existence after the notice was given.

a joint functional separation undertaking given by 2 or more persons is in force; and

any of those persons has:

breached a fundamental provision of the undertaking; or

contravened section 151ZF or 151ZG;

a joint functional separation undertaking given by 2 or more persons is in force; and

the ACCC is satisfied that any of those persons has an unsatisfactory compliance record in relation to functional separation;

a joint functional separation undertaking given by 2 or more persons is in force; and

those persons request the ACCC, in writing, to revoke the undertaking;

must not be earlier than the time the notice is given; and

must not be later than 12 months after the notice is given.

whether arrangements to maintain the continuity of the supply of superfast carriage services to residential customers using local access lines:

have been made; or

can be made before the relevant revocation takes effect;

in the case of a revocation under subsection (1) or (6)—the consequences of the breach;

in the case of a revocation under subsection (2) or (7)—the consequences of the person’s unsatisfactory compliance record;

such other matters (if any) as the ACCC considers relevant.

give the person a written notice:

stating that the ACCC proposes to revoke the undertaking; and

inviting the person to make a submission to the ACCC about the revocation within the time limit specified in the notice; and

consider any submission received within the time limit specified in the notice.

give each of those persons a written notice:

stating that the ACCC proposes to revoke the undertaking; and

inviting those persons to make submissions to the ACCC about the revocation within the time limit specified in the notice; and

consider any submissions received within the time limit specified in the notice.

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

a contravention by a person of section 143B, 151ZA, 151ZB, 151ZF, 151ZG, 151ZH or 151ZI.

a functional separation undertaking given by a person is in force; and

the ACCC is aware of one or more breaches or contraventions by the person; and

the ACCC is satisfied that those breaches or contraventions do not mean that the person has an unsatisfactory compliance record in relation to functional separation; and

the ACCC is satisfied that, if there were to be a particular kind of additional breach or contravention by the person, the person would have an unsatisfactory compliance record in relation to functional separation;

give the person a written notice:

stating that the ACCC considers that the person is at risk of having an unsatisfactory compliance record in relation to functional separation; and

informing the person that an unsatisfactory compliance record is a ground for revoking the undertaking; and

do so as soon as practicable after becoming satisfied as mentioned in paragraph (d).

the ACCC has given a notice under section 151W revoking a standard functional separation undertaking; and

the revocation has not taken effect;

addresses the matter or matters that constituted the grounds for the revocation of the undertaking under section 151W; and

does not address any other matter.

the ACCC has given a notice under section 151W revoking a joint functional separation undertaking; and

the revocation has not taken effect;

addresses the matter or matters that constituted the grounds for the revocation of the undertaking under section 151W; and

does not address any other matter.

the ACCC has given a notice under section 151W revoking a standard functional separation undertaking; and

the revocation has not taken effect;

to give the ACCC:

a report about the person’s compliance with the undertaking; or

information about the person’s compliance with the undertaking; or

a report about action that the person has taken, is taking, or proposes to take for the purpose of ensuring that the person complies with sections 142C and 143 after the revocation takes effect; or

information about action that the person has taken, is taking, or proposes to take for the purpose of ensuring that the person complies with sections 142C and 143 after the revocation takes effect; and

to do so within the period specified in the direction.

the ACCC has given a notice under section 151W revoking a joint functional separation undertaking; and

the revocation has not taken effect;

to give the ACCC:

a report about the person’s compliance with the undertaking; or

information about the person’s compliance with the undertaking; or

a report about action that the person has taken, is taking, or proposes to take for the purpose of ensuring that the person complies with sections 142C and 143 after the revocation takes effect; or

information about action that the person has taken, is taking, or proposes to take for the purpose of ensuring that the person complies with sections 142C and 143 after the revocation takes effect; and

to do so within the period specified in the direction.

aid, abet, counsel or procure a contravention of subsection (3); or

induce, whether by threats or promises or otherwise, a contravention of subsection (3); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (3); or

conspire with others to effect a contravention of subsection (3).

(a) a functional separation undertaking given by a person (the first person) is in force; and

the first person becomes aware that:

a person who was not in a position to exercise control of the first person has become in a position to exercise control of the first person; or

a person who was in a position to control the first person has ceased to be in that position;

notify the ACCC, in writing, of that event; and

do so as soon as practicable, but not later than 10 business days, after becoming so aware.

(a) a functional separation undertaking given by a person (the first person) is in force; and

another person becomes aware that the other person is in a position to exercise control of the first person;

notify the ACCC, in writing, of that position; and

do so as soon as practicable, but not later than 10 business days, after becoming so aware.

aid, abet, counsel or procure a contravention of subsection (1) or (3); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1) or (3); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1) or (3); or

conspire with others to effect a contravention of subsection (1) or (3).

all functional separation undertakings that have been accepted by the ACCC (including those that are no longer in force); and

in the case of a functional separation undertaking that, under section 151B, is taken to have been given by a corporation:

the name of the corporation; and

the date the undertaking came into force; and

all variations of functional separation undertakings.

aid, abet, counsel or procure a contravention of subsection (1); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or

conspire with others to effect a contravention of subsection (1).

a functional separation undertaking given by a person is in force; and

the Federal Court is satisfied, on the application of:

the ACCC; or

a carrier; or

a carriage service provider;

an order directing the person to comply with the undertaking;

an order directing the disposal of network units, lines, shares or other assets;

an order restraining the exercise of any rights attached to shares;

an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by the person;

an order that any exercise of rights attached to shares be disregarded;

an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

any order that the Court considers appropriate directing the person to compensate any other person (who may be the applicant) who has suffered loss or damage as a result of the breach;

any other order that the Court considers appropriate.

has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do, or refrain from doing, a specified act; and

has power to make an order containing such ancillary or consequential provisions as the Court thinks just.

an eligible service is supplied, or proposed to be supplied, by a person using a local access line; and

any of the following conditions is satisfied:

section 142C applies to the line;

section 143 applies to the line;

neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line;

evidence that the wholesale customer or prospective wholesale customer is not creditworthy; and

repeated failures by the wholesale customer or prospective wholesale customer to comply with the terms and conditions on which the person supplied eligible services (whether or not using the line).

a person supplies, or proposes to supply, an eligible service using a local access line:

to itself; and

to its wholesale customers or prospective wholesale customers; and

any of the following conditions is satisfied:

section 142C applies to the line;

section 143 applies to the line;

neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line;

aid, abet, counsel or procure a contravention of subsection (1) or (4); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1) or (4); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1) or (4); or

conspire with others to effect a contravention of subsection (1) or (4).

an eligible service is supplied, or proposed to be supplied, by a person using a local access line; and

any of the following conditions is satisfied:

section 142C applies to the line;

section 143 applies to the line;

neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line.

developing a new eligible service;

enhancing an eligible service;

extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

an activity that is preparatory to the supply of an eligible service;

an activity that is ancillary or incidental to the supply of an eligible service;

giving information to service providers about any of the above activities.

developing a new eligible service;

enhancing an eligible service;

extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

an activity that is preparatory to the supply of an eligible service;

an activity that is ancillary or incidental to the supply of an eligible service;

giving information to service providers about any of the above activities.

aid, abet, counsel or procure a contravention of subsection (2) or (3); or

induce, whether by threats or promises or otherwise, a contravention of subsection (2) or (3); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2) or (3); or

conspire with others to effect a contravention of subsection (2) or (3).

an access agreement is entered into by a person on or after the designated commencement date; and

the eligible service to which the access agreement relates is an eligible service supplied, or proposed to be supplied, by the person using a local access line; and

any of the following conditions is satisfied:

section 142C applies to the line;

section 143 applies to the line;

neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line; and

immediately before the access agreement was entered into, there was published on the person’s website:

the terms and conditions relating to price or a method of ascertaining price; or

other terms and conditions;

the terms and conditions set out in the access agreement are not the same as the terms and conditions set out in the offer;

identifying the parties to the access agreement; and

describing the differences between the terms and conditions set out in the access agreement and the terms and conditions set out in the offer; and

setting out such other information (if any) about the access agreement as is required by the form.

a variation agreement is entered into by a person on or after the designated commencement date; and

the eligible service to which the relevant access agreement relates is an eligible service supplied, or proposed to be supplied, by the person using a local access line; and

any of the following conditions is satisfied:

section 142C applies to the line;

section 143 applies to the line;

neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line; and

immediately before the variation agreement was entered into, there was published on the person’s website:

the terms and conditions relating to price or a method of ascertaining price; or

other terms and conditions;

the terms and conditions set out in the relevant access agreement (as varied by the variation agreement) are not the same as the terms and conditions set out in the offer;

identifying the parties to the relevant access agreement (as varied by the variation agreement); and

describing the differences between the terms and conditions set out in the relevant access agreement (as varied by the variation agreement) and the terms and conditions set out in the offer; and

setting out such other information (if any) about the relevant access agreement (as varied by the variation agreement) as is required by the form.

a person offers to supply eligible services to the person’s wholesale customers, or prospective wholesale customers, using a local access line; and

any of the following conditions is satisfied:

section 142C applies to the line;

section 143 applies to the line;

neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line;

the terms and conditions relating to price or a method of ascertaining price; or

other terms and conditions;

aid, abet, counsel or procure a contravention of subsection (1), (2) or (2A); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1), (2) or (2A); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1), (2) or (2A); or

conspire with others to effect a contravention of subsection (1), (2) or (2A).

each reference in section 152AF, subsections 152AG(1) and (3) and section 152BE of that Act to a declared service were a reference to an eligible service; and

subsection 152BE(2) of that Act had not been enacted.

the ACCC; or

a carrier; or

a carriage service provider;

an order directing the person to comply with that subsection;

an order directing the person to compensate any other person (who may be the applicant) who has suffered loss or damage as a result of the contravention;

any other order that the Court thinks appropriate.

enter into a scheme; or

begin to carry out a scheme; or

carry out a scheme;

the corporation; or

any other corporation.

aid, abet, counsel or procure a contravention of subsection (1); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or

conspire with others to effect a contravention of subsection (1).

any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise;

giving a report in compliance with a provision of a functional separation undertaking covered by subsection 151A(10) or 151C(10) or (11); or

giving a report or information under section 151ZA:

the report or information; or

giving the report or information; or

any information, document or thing obtained as a direct or indirect consequence of giving the report or information;

in civil proceedings for the recovery of a penalty; or

(e) in criminal proceedings (other than proceedings for an offence against Criminal Code that relates to the report).section 137.1 or 137.2 of the

a member of the staff of the ACCC; and

an SES employee or acting SES employee;

subsection 103(4F) (formal warning);

section 151D (further information);

subsection 151F(7) (extension of decision-making period);

section 151H (serial undertakings);

section 151R (further information);

subsection 151T(7) (extension of decision-making period).

in writing; and

in the case of an application under subsection (1), (3), (4) or (5)—made within 21 days after the ACCC made the decision; and

in the case of an application under subsection (2)—made within 14 days after the ACCC made the decision.

affirming the ACCC’s decision; or

setting aside the ACCC’s decision;

affirming a decision of the ACCC; or

setting aside a decision of the ACCC;

a line; or

section 142C; or

sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 142C applies; or

any other provision of this Part, so far as that provision relates to:

section 142C; or

section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 142C applies.

the controller legally or beneficially owns the line (whether alone or together with one or more other persons); or

the controller is in a position, either alone or together with an associate of the controller and whether directly or indirectly:

to exercise control of the operation of all or part of the line; or

to exercise control of the selection of the kinds of services that are supplied using the line; or

to exercise control of the supply of services using the line; or

a company other than the controller legally or beneficially owns the line (whether alone or together with one or more other persons), and:

the controller is in a position, either alone or together with an associate of the controller, to exercise control of the company; or

the controller, either alone or together with an associate of the controller, is in a position to veto any action taken by the board of directors of the company; or

the controller, either alone or together with an associate of the controller, is in a position to appoint or secure the appointment of, or veto the appointment of, at least half of the board of directors of the company; or

the controller, either alone or together with an associate of the controller, is in a position to exercise, in any other manner, whether directly or indirectly, direction or restraint over any substantial issue affecting the management or affairs of the company; or

the company or more than 50% of its directors act, or are accustomed to act, in accordance with the directions, instructions or wishes of, or in concert with, the controller, the controller and an associate of the controller acting together, or the directors of the controller; or

the company or more than 50% of its directors, under a contract or an arrangement or understanding (whether formal or informal), are intended or expected to act in accordance with the directions, instructions or wishes of, or in concert with, the controller, the controller and an associate of the controller acting together, or the directors of the controller.

section 143; or

sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 143 applies; or

any other provision of this Part, so far as that provision relates to:

section 143; or

section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 143 applies.

subsection (2) does not apply to the extension at any time before the designated commencement date; and

if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:

the agreement provides for the transfer of ownership or control of the infrastructure of the extension to an NBN corporation;

the agreement is covered by a determination made under subsection 577BA(9);

if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions:

the contract provides for the deactivation or decommissioning of the infrastructure of the extension;

the contract was entered into between NBN Co and the listed Optus companies (see subsection (7));

section 142C; or

sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 142C applies; or

any other provision of this Part, so far as that provision relates to:

section 142C; or

section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 142C applies.

Optus Networks Pty Limited (ACN 008 570 330); or

Optus Internet Pty Limited (ACN 083 164 532); or

Optus Vision Pty Limited (ACN 066 518 821); or

Optus Vision Media Pty Limited (ACN 070 870 647); or

Optus Systems Pty Limited (ACN 056 541 167); or

SingTel Optus Pty Limited (ACN 052 833 208).

a local access line came into existence before the designated commencement date; and

before the designated commencement date, the line was used wholly or principally to supply a superfast carriage service to non-residential customers in Australia; and

on or after the designated commencement date, following:

the construction or alteration of premises; or

changes to the activities carried out at premises;

section 143; or

sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 143 applies; or

any other provision of this Part, so far as that provision relates to:

section 143; or

section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 143 applies.

section 142C; or

sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 142C applies; or

any other provision of this Part, so far as that provision relates to:

section 142C; or

section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 142C applies.

section 142C; and

sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 142C applies; and

any other provision of this Part, so far as that provision relates to:

section 142C; or

section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 142C applies;

(d) the line is taken to be a local access line; and

the line is taken to form part of the infrastructure of a telecommunications network.

a local access line was in existence immediately before the designated commencement date; and

the line is extended on or after the designated commencement date;

the extension is taken to be a local access line in its own right; and

the local access line referred to in paragraph (c) is taken to have come into existence on or after the designated commencement date.

section 143; or

sections 151ZF, 151ZG and 151ZH, to the extent to which they relate to a line to which section 143 applies; or

any other provision of this Part, so far as that provision relates to:

section 143; or

section 151ZF, 151ZG or 151ZH, to the extent to which that section relates to a line to which section 143 applies.

most or all of the work of the business is carried out at the residence of the individual; or

the business does not occupy any premises other than the residence of the individual;

most or all of the work of the business is carried out at the residence of an individual who is:

one of the partners of the partnership; or

the director, or one of the directors, of a corporation that is one of the partners of the partnership; or

the business does not occupy any premises other than the residence of an individual who is:

one of the partners of the partnership; or

the director, or one of the directors, of a corporation that is one of the partners of the partnership;

most or all of the work of the business is carried out at the residence of an individual who is the director, or one of the directors, of the corporation; or

the business does not occupy any premises other than the residence of an individual who is the director, or one of the directors, of the corporation;

most or all of the work of the business is carried out at the residence of an individual who is:

a trustee of the trust; or

the director, or one of the directors, of a corporation that is a trustee of the trust; or

the business does not occupy any premises other than the residence of an individual who is:

a trustee of the trust; or

the director, or one of the directors, of a corporation that is a trustee of the trust;

subsection (1);

subsection (2).

section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

restraining the person from engaging in the conduct; and

if, in the court’s opinion, it is desirable to do so—requiring the person to do something.

section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

if the alleged contravention consists of a breach of:

section 68, to the extent to which that section relates to the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

section 101, to the extent to which that section relates to the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI;

28 days after the notice is given; or

if the ACCC allows a longer period—that longer period; and

is an SES employee or acting SES employee; or

holds, or is acting in, an Executive Level 1 or 2 position or an equivalent position.

section 68, to the extent to which that section relates to the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

section 101, to the extent to which that section relates to the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI.

section 68, to the extent to which that section relates to the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

section 101, to the extent to which that section relates to the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI.

(a) a standard determined under Telecommunications Act 1997; orsection 360U of the

rules made under section 360V of that Act.

(a) a standard determined under Telecommunications Act 1997; orsection 360U of the

rules made under section 360V of that Act.

(a) a standard determined under Telecommunications Act 1997; orsection 360U of the

rules made under section 360V of that Act.

connect premises; or

supply related eligible services to carriage service providers.

(a) a qualifying fixed-line carriage service; or

a qualifying fixed wireless carriage service; or

a qualifying satellite carriage service.

the carriage service enables end-users to download communications; and

the carriage service is supplied using a line to premises occupied or used by an end-user; and

the peak download transmission speed of the carriage service is at least 25 megabits per second; and

the peak upload transmission speed of the carriage service is at least 5 megabits per second.

the carriage service enables end-users to download communications; and

the carriage service is supplied using a satellite; and

the peak download transmission speed of the carriage service is at least 25 megabits per second; and

the peak upload transmission speed of the carriage service is at least 5 megabits per second;

for an interim NBN service area—has the meaning given by section 360E; or

for the general service area—has the meaning given by section 360G; or

for a nominated service area—has the meaning given by section 360K; or

for a designated service area—has the meaning given by section 360L.

the carriage service is supplied using a fixed wireless technology platform; and

the carriage service is marketed to customers, or potential customers, as a fixed wireless service; and

the carriage service enables end-users to download communications; and

the peak download transmission speed of the carriage service is at least 25 megabits per second; and

the peak upload transmission speed of the carriage service is at least 5 megabits per second; and

the carriage service is not a public mobile telecommunications service; and

the carriage service is a listed carriage service; and

the conditions (if any) determined under subsection (2) are satisfied.

an interim NBN service area;

the general service area;

a nominated service area;

a designated service area.

a declaration made by a carrier; or

certain carrier licence conditions declarations made by the Minister.

the carrier; or

another carrier declared by the Minister.

the carrier to whom the carrier licence conditions declaration applies; or

another carrier declared by the Minister.

before the designated day:

an interim NBN service area; or

a nominated service area; or

a designated service area; or

after the start of the designated day:

the general service area; or

a nominated service area; or

a designated service area.

the whole or a part of a nominated service area; or

the whole or a part of a designated service area.

beginning at the commencement of this section; and

ending immediately before the designated day;

(c) 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

do so within 10 business days after the end of the month in which the statement began to be published.

(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

do so within 10 business days after the commencement of this section.

cause to be published on the Department’s website a notice:

setting out the draft variation; and

inviting persons to make submissions to the Minister about the draft variation within the time limit specified in the notice; and

consider any submissions received within the time limit specified in the notice.

an area is a provisional interim NBN service area because of a section 360D declaration made by NBN Co; and

the whole or a part of the provisional interim NBN service area is an interim NBN service area;

a nominated service area; or

a designated service area.

the whole or a part of a provisional nominated service area that is attributable to a subsequent declaration under this section; or

the whole or a part of a designated service area;

after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a real estate development project; and

the installation was carried out under a contract; and

the conditions specified in an instrument under subsection (3) are satisfied;

(d) by written instrument, declare that the whole of the project area is a provisional nominated service area for the purposes of this Part; and

do so within 10 business days after completing the installation of that infrastructure.

after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a building redevelopment project; and

the installation was carried out under a contract; and

the conditions specified in an instrument under subsection (5) are satisfied;

(d) by written instrument, declare that the whole of the project area is a provisional nominated service area for the purposes of this Part; and

do so within 10 business days after completing the installation of that infrastructure.

a carrier (other than an NBN corporation) has installed telecommunications network infrastructure that will enable the supply of eligible services to all of the premises in a particular area; and

the area does not consist of, and is not included in:

the project area of a real estate development project; or

the project area of a building redevelopment project; and

the installation was carried out under a contract; and

under the contract, the carrier is or was required, on reasonable request by a carriage service provider on behalf of an end-user at premises in the area, to connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide eligible services to the end-user at the premises; and

the conditions specified in an instrument under subsection (7) are satisfied;

cause to be published on the Department’s website a notice:

setting out the draft variation; and

inviting persons to make submissions to the Minister about the draft variation within the time limit specified in the notice; and

consider any submissions received within the time limit specified in the notice.

after the commencement of this section, a carrier (other than an NBN corporation) enters into a contract for the installation of telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a real estate development project; and

when the installation is completed, the carrier will be required, by subsection 360H(2), to declare that the whole of the project area is a provisional nominated service area for the purposes of this Part;

give the ACMA a written notice that:

states that the carrier has entered into the contract; and

specifies the project area; and

describes the telecommunications network infrastructure that is to be installed under the contract; and

sets out the carrier’s estimate of the likely completion date for the installation; and

do so within 10 business days after entering into the contract.

before the commencement of this section, a carrier (other than an NBN corporation) entered into a contract for the installation of telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a real estate development project; and

the installation was not completed before the commencement of this section; and

when the installation is completed, the carrier will be required, by subsection 360H(2), to declare that the whole of the project area is a provisional nominated service area for the purposes of this Part;

give the ACMA a written notice that:

states that the carrier has entered into the contract; and

specifies the project area; and

describes the telecommunications network infrastructure that is to be installed under the contract; and

sets out the carrier’s estimate of the likely completion date for the installation; and

do so:

within 90 days after the commencement of this section; or

if the ACMA allows a longer period—within that longer period.

after the commencement of this section, a carrier (other than an NBN corporation) enters into a contract for the installation of telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a building redevelopment project; and

when the installation is completed, the carrier will be required, by subsection 360H(4), to declare that the whole of the project area is a provisional nominated service area for the purposes of this Part;

give the ACMA a written notice that:

states that the carrier has entered into the contract; and

specifies the project area; and

describes the telecommunications network infrastructure that is to be installed under the contract; and

sets out the carrier’s estimate of the likely completion date for the installation; and

do so within 10 business days after entering into the contract.

before the commencement of this section, a carrier (other than an NBN corporation) entered into a contract for the installation of telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole of the project area of a building redevelopment project; and

the installation was not completed before the commencement of this section; and

when the installation is completed, the carrier will be required, by subsection 360H(4), to declare that the whole of the project area is a provisional nominated service area for the purposes of this Part;

give the ACMA a written notice that:

states that the carrier has entered into the contract; and

specifies the project area; and

describes the telecommunications network infrastructure that is to be installed under the contract; and

sets out the carrier’s estimate of the likely completion date for the installation; and

do so:

within 90 days after the commencement of this section; or

if the ACMA allows a longer period—within that longer period.

(a) the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013;

(b) the Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013;

(c) the Carrier Licence Conditions (NT Technology Services Pty Ltd) Declaration 2014;

an area is a provisional nominated service area because of a declaration made by a carrier under section 360H; and

the whole or a part of the provisional nominated service area is a nominated service area;

subsection (1) does not apply to a specified nominated service area; and

(b) a specified carrier is the statutory infrastructure provider for the nominated service area for the purposes of this Part.

immediately before the commencement of this section, a carrier licence held by a carrier was subject to a condition under a declaration mentioned in section 360J; and

as a result of the application of section 360J to the declaration, an area is a nominated service area;

subsection (3) does not apply to a specified nominated service area; and

(b) a specified carrier is the statutory infrastructure provider for the nominated service area for the purposes of this Part.

(a) a specified area is a designated service area for the purposes of this Part; and

(b) a specified carrier is the statutory infrastructure provider for the designated service area for the purposes of this Part.

subsection 360D(2); or

subsection 360D(3); or

subsection 360H(2); or

subsection 360H(4); or

subsection 360H(6); or

section 360L;

in a TAB vector format using the GDA94 coordinate system; or

if another format is determined under subsection (3)—in that other format.

subsection 360HA(1); or

subsection 360HA(2); or

subsection 360HA(3); or

subsection 360HA(4);

in a TAB vector format using the GDA94 coordinate system; or

if another format is determined under subsection (3)—in that other format.

connect the premises to a qualifying fixed-line telecommunications network in order that the carriage service provider can provide qualifying fixed-line carriage services to the end-user at the premises; or

if it is not reasonable for the statutory infrastructure provider to connect the premises to a qualifying fixed-line telecommunications network—connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide:

qualifying fixed wireless carriage services to the end-user at the premises; or

qualifying satellite carriage services to the end-user at the premises.

a carriage service provider makes a request as mentioned in subsection (1) in relation to the connection of premises in a service area; and

as a result, the statutory infrastructure provider has an obligation under subsection (1) to connect the premises; and

the statutory infrastructure provider has published on its website:

the terms and conditions relating to price or a method of ascertaining price; and

other terms and conditions;

the carriage service provider requests the statutory infrastructure provider to enter into an agreement that:

relates to the connection of premises in the service area to a qualifying telecommunications network in order that the carriage service provider can provide qualifying carriage services to an end-user at the premises; and

sets out terms and conditions that are the same as the terms and conditions published as mentioned in paragraph (c);

a carriage service provider makes a request as mentioned in subsection (1) in relation to the connection of premises; and

as a result, the statutory infrastructure provider has an obligation under subsection (1) to connect the premises; and

the connection is not covered by an agreement between the statutory infrastructure provider and the carriage service provider;

determine that, if the condition specified in the determination is satisfied in relation to premises, then, for the purposes of subsection (1), it is taken not to be reasonable for a statutory infrastructure provider to connect the premises to a qualifying fixed-line telecommunications network; or

determine that, if the conditions specified in the determination are satisfied in relation to premises, then, for the purposes of subsection (1), it is taken not to be reasonable for a statutory infrastructure provider to connect the premises to a qualifying fixed-line telecommunications network.

the statutory infrastructure provider must:

notify the carriage service provider that the statutory infrastructure provider will fulfil the request; or

refuse the request; and

do so within:

10 business days after receiving the request; or

if a longer period is specified under subsection (11B)—that longer period.

a carriage service provider makes a request as mentioned in subsection (1) on behalf of an end-user at particular premises; and

the statutory infrastructure provider refuses the request;

the statutory infrastructure provider must:

give written notice of the refusal to the carriage service provider; and

do so within 5 business days after the refusal; and

if the carriage service provider receives the notice—the carriage service provider must:

give a copy of the notice to the end-user; and

do so within 5 business days after receiving the notice.

supply an eligible service to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end-users at premises in the service area; and

do so on the terms and conditions that were published on the statutory infrastructure provider’s website at the time when the request was made.

a statutory infrastructure provider for a service area supplies an eligible service to a carriage service provider in order that the carriage service provider can provide qualifying carriage services to end-users at premises in the service area; and

the eligible service enables the carriage service provider to supply, to end-users at premises in the service area, carriage services that can be used by those end-users to make and receive voice calls; and