Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152BEBB

NBN corporation to give the Commission a statement about the differences between an access agreement and a special access undertaking

Access agreement

             (1)  If:

                     (a)  an access agreement is covered by subsection 152BE(1); and

                     (b)  the carrier or carriage service provider who supplies, or proposes to supply, the declared service is an NBN corporation; and

                     (c)  immediately before the access agreement was entered into, a special access undertaking that:

                              (i)  relates to access to the service; and

                             (ii)  was given by the NBN corporation;

                            was in operation; and

                     (d)  the terms and conditions set out in the access agreement are not the same as the terms and conditions set out in the special access undertaking;

the NBN corporation must, within 7 days after the day on which the access agreement was entered into, give the Commission a statement, in a form approved in writing by the Commission:

                     (e)  identifying the parties to the access agreement; and

                      (f)  describing the differences between the terms and conditions set out in the access agreement and the terms and conditions set out in the special access undertaking; and

                      (j)  setting out such other information (if any) about the access agreement as is required by the form.

Variation agreement

             (2)  If:

                     (a)  a variation agreement is entered into after the commencement of this section; and

                     (b)  the carrier or carriage service provider who supplies, or proposes to supply, the service to which the relevant access agreement relates is an NBN corporation; and

                     (c)  immediately before the variation agreement was entered into, a special access undertaking that:

                              (i)  relates to access to the service; and

                             (ii)  was given by the NBN corporation;

                            was in operation; and

                     (d)  the terms and conditions set out in the relevant access agreement (as varied by the variation agreement) are not the same as the terms and conditions set out in the special access undertaking;

the NBN corporation must, within 7 days after the day on which the variation agreement was entered into, give the Commission a statement, in a form approved in writing by the Commission:

                     (e)  identifying the parties to the relevant access agreement (as varied by the variation agreement); and

                      (f)  describing the differences between the terms and conditions set out in the relevant access agreement (as varied by the variation agreement) and the terms and conditions set out in the special access undertaking; and

                      (j)  setting out such other information (if any) about the relevant access agreement (as varied by the variation agreement) as is required by the form.



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