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COMPETITION AND CONSUMER ACT 2010 - SECT 152AXC

NBN corporation to supply declared services on a non-discriminatory basis

No discrimination between access seekers

             (1)  An NBN corporation must not, in complying with any of its category B standard access obligations, 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 NBN corporation 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 NBN corporation complies, or on which the NBN corporation 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 NBN corporation).

No discrimination by an NBN corporation in favour of itself

             (7)  If:

                     (a)  an NBN corporation is a carrier or carriage service provider; and

                     (b)  under subsection 152AL(8A), (8D) or (8E), a declared service relates to the NBN corporation; and

                     (c)  the NBN corporation is subject to a category B standard access obligation in relation to the service;

the NBN corporation must not discriminate in favour of itself in relation to the supply of the service.

Authorised conduct

           (12)  If conduct is authorised under section 151DA for the purposes of subsection 51(1), the conduct is taken not to be discrimination for the purposes of this section.



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