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COMPETITION AND CONSUMER ACT 2010 - SECT 151BK

Tariff filing directions

             (1)  This section applies to a person who is a carrier or carriage service provider if the Commission is satisfied that the person has a substantial degree of power in a telecommunications market.

             (2)  The Commission may give the person a written direction that:

                     (a)  contains a statement to the effect that any or all of the following are within the scope of the direction:

                              (i)  specified carriage services;

                             (ii)  specified ancillary goods;

                            (iii)  specified ancillary services; and

                     (b)  complies with subsection (3), (4) or (5).

The direction is called a tariff filing direction .

Note:          For enforcement of tariff filing directions, see Division 7.

             (3)  A direction complies with this subsection if it contains a requirement that if, at the time the direction is given, the person has charges for goods or services within the scope of the direction, the person must give the Commission, within the period and in the form specified in the direction, a written statement setting out such information about those charges as is specified in the direction.

             (4)  A direction complies with this subsection if it contains a requirement that the person must, at least 7 days before:

                     (a)  imposing a new charge for goods or services within the scope of the direction at any time when the direction is in force; or

                     (b)  varying a charge for goods or services within the scope of the direction at any time when the direction is in force; or

                     (c)  ceasing to impose a charge for goods or services within the scope of the direction at any time when the direction is in force;

give the Commission, in the form specified in the direction, a written statement setting out such information about the person's intentions as is specified in the direction.

Note:          See subsection (6) for a special rule relating to this subsection.

             (5)  A direction complies with this subsection if it contains a requirement that, in the event that the person:

                     (a)  imposes a new charge for goods or services within the scope of the direction at any time when the direction is in force; or

                     (b)  varies a charge for goods or services within the scope of the direction at any time when the direction is in force; or

                     (c)  ceases to impose a charge for goods or services within the scope of the direction at any time when the direction is in force;

the person must give the Commission:

                     (d)  within such period after the imposition, variation or cessation, as the case may be, as is specified in the direction; and

                     (e)  in the form specified in the direction;

a written statement setting out such information about the imposition, variation or cessation, as the case may be, as is specified in the direction.

             (6)  The Commission may, on the application of the person, make a written determination that subsection (4) has effect, in relation to a specified matter, as if the reference in that subsection to 7 days were a reference to such shorter period as is specified in the determination. The determination has effect accordingly.

             (7)  This section does not, by implication, limit section 87B or 155.

             (8)  This section does not prevent 2 or more tariff filing directions being given to the same person at the same time.

             (9)  For the purposes of this section, information relating to the terms and conditions on which goods or services have been, are being or are proposed to be supplied is taken to be information relating to charges that have been imposed, are being imposed or are proposed to be imposed for those goods or services.

           (10)  A tariff filing direction given before 1 July 1997 comes into force on 1 July 1997.

           (11)  In this section:

"ancillary goods " means goods for use in connection with a carriage service.

"ancillary service " means a service for use in connection with a carriage service.

"variation " , in relation to a charge, means a variation of the nature of the charge or the amount of the charge, or both.



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