Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMPETITION AND CONSUMER ACT 2010 - SECT 151BTA

Tariff filing by Telstra

             (1)  This section applies to a charge for a basic carriage service.

             (2)  At least 7 days before:

                     (a)  imposing a new charge; or

                     (b)  varying a charge; or

                     (c)  ceasing to impose a charge;

Telstra must give the Commission, in a form approved in writing by the Commission, a written statement setting out such information about Telstra's intentions as the Commission requires.

             (3)  The Commission may, on the application of Telstra, make a written determination that subsection (2) 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 specified in the determination.

             (4)  A determination under subsection (3) has effect accordingly.

             (5)  Divisions 6 and 7 apply to a contravention of subsection (2) in a corresponding way to the way in which they apply to a contravention of a tariff filing direction.

             (6)  This section does not, by implication, limit the application of Division 4 to Telstra.

             (7)  The Commission may, by written notice given to Telstra, exempt a charge for a specified basic carriage service from the scope of subsection (2).

             (8)  A basic carriage service may be specified for the purposes of subsection (7) by reference to any or all of the following:

                     (a)  the customers to whom the services are, or are proposed to be, supplied;

                     (b)  the kinds of terms and conditions on which the services are, or are proposed to be, supplied.

             (9)  Subsection (8) does not, by implication, limit subsection (7).

           (10)  An exemption under subsection (7) may be unconditional or subject to such conditions (if any) as are specified in the exemption.

           (11)  Section 151BQ applies to information given to the Commission under this section in a corresponding way to the way in which it applies to information given to the Commission in accordance with a tariff filing direction.

           (13)  In this section:

"basic carriage service " has the meaning given by section 174 of the Telecommunications Act 1991 , as in force before 1 July 1997, but does not include a service supplied to an existing carrier.

"existing carrier " means a person who held a general telecommunications licence, or a public mobile licence, that was in force under the Telecommunications Act 1991 immediately before 1 July 1997.

"terms and conditions " has the same meaning as in section 151BT.

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



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback