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COMPETITION AND CONSUMER ACT 2010 - SECT 152ARA

Layer 2 bitstream services to be supplied on a non-discriminatory basis

No discrimination between access seekers

             (1)  If a Layer 2 bitstream service is:

                     (a)  supplied using a designated superfast telecommunications network; and

                     (b)  a declared service;

a carrier (other than an NBN corporation) or carriage service provider (other than an NBN corporation) must not, in complying with any of its category A standard access obligations in relation to the service, discriminate between access seekers.

Note:          For explanatory material, see section 152CJH.

             (2)  The rule in subsection (1) does not prevent discrimination against an access seeker if the carrier or carriage service provider has reasonable grounds to believe that the access seeker would fail, to a material extent, to comply with the terms and conditions on which the carrier or carriage service provider complies, or on which the carrier or carriage service provider is reasonably likely to comply, with the relevant obligation.

             (3)  Examples of grounds for believing as mentioned in subsection (2) include:

                     (a)  evidence that the access seeker is not creditworthy; and

                     (b)  repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided (whether or not by the carrier or carriage service provider).

No discrimination by a carrier or carriage service provider in favour of itself

             (7)  If:

                     (a)  a Layer 2 bitstream service is:

                              (i)  supplied using a designated superfast telecommunications network; and

                             (ii)  a declared service; and

                     (b)  the carrier (other than an NBN corporation) or carriage service provider (other than an NBN corporation) supplies, or is capable of supplying, the service to itself and to other persons; and

                     (c)  the carrier or carriage service provider is subject to a category A standard access obligation in relation to the service;

the carrier or carriage service provider must not discriminate in favour of itself in relation to the supply of the service.



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