Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152AH

Reasonableness--terms and conditions

             (1)  For the purposes of this Part, in determining whether particular terms and conditions are reasonable, regard must be had to the following matters:

                     (a)  whether the terms and conditions promote the long-term interests of end-users of carriage services or of services supplied by means of carriage services;

                     (b)  the legitimate business interests of the carrier or carriage service provider concerned, and the carrier's or provider's investment in facilities used to supply the declared service concerned;

                     (c)  the interests of persons who have rights to use the declared service concerned;

                     (d)  the direct costs of providing access to the declared service concerned;

                     (e)  the operational and technical requirements necessary for the safe and reliable operation of a carriage service, a telecommunications network or a facility;

                      (f)  the economically efficient operation of a carriage service, a telecommunications network or a facility.

             (2)  Subsection (1) does not, by implication, limit the matters to which regard may be had.



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