Commonwealth Consolidated Acts

NATIONAL TRANSMISSION NETWORK SALE ACT 1998 - SECT 17

             (1)  If a nominated service becomes a declared service for the purposes of the telecommunications access regime in accordance with section 152AL of the Trade Practices Act, then this Act does not prevent the application of the telecommunications access regime in relation to:

                     (a)  access to the declared service by persons who are not nominated customers; or

                     (b)  access to the declared service by nominated customers for purposes other than nominated purposes.

             (2)  A notification must not be given under section 44S of the Trade Practices Act in relation to an access dispute if:

                     (a)  the dispute relates to a nominated service; and

                     (b)  the third party is a nominated customer who is seeking access for a nominated purpose.

             (3)  The ACCC must not accept an undertaking under section 44ZZA of the Trade Practices Act if any of the terms and conditions set out in the undertaking relate to access to a nominated service by a nominated customer for a nominated purpose.