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COMPETITION AND CONSUMER ACT 2010 - SECT 151AA Simplified outline

COMPETITION AND CONSUMER ACT 2010 - SECT 151AA

Simplified outline

    The following is a simplified outline of this Part:

  This Part sets up a special regime for regulating anti - competitive conduct in the telecommunications industry. The regime applies in addition to Part   IV.

  The Part sets out the circumstances in which carriers and carriage service providers are said to engage in anti - competitive conduct .

  A carrier or carriage service provider must not engage in anti - competitive conduct. This rule is called the competition rule .

  The Commission may issue a notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in anti - competitive conduct. The notice is called a Part A competition notice .

  Proceedings for the enforcement of the competition rule (other than proceedings for injunctive relief) must not be instituted unless the alleged conduct is of a kind dealt with in a Part A competition notice that was in force at the time when the alleged conduct occurred.

  The Commission may issue a notice stating that a specified carrier or carriage service provider has contravened, or is contravening, the competition rule. The notice is called a Part B competition notice .

  A Part B competition notice is prima facie evidence of the matters in the notice.

  The Commission may make an order exempting specified conduct from the scope of the definition of anti - competitive conduct . The order is called an exemption order .

  The Commission may make record - keeping rules that apply to carriers and carriage service providers.

  Carriers and carriage service providers may be directed by the Commission to make certain reports available. The direction is called a disclosure direction .



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