Commonwealth Consolidated Acts

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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 .

•      Carriers and carriage service providers may be directed to file tariff information with the Commission. The direction is called a tariff filing direction .

•      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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