{"id":"F2020L01665","name":"Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020","slug":"telecommunications-permitted-information-sharing-for-joint-functional-separation-undertakings-determ","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130914,"registerId":"commonwealth-F2020L01665-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020","content":"![](image.001.png)\n\nTelecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020\n\nThe Australian Competition and Consumer Commission makes this Determination under subsection 151C(15) of the Telecommunications Act 1997.\n\nDated: 16 December 2020\n\n\\[signed\\]\n\nStephen Ridgeway\n\nCommissioner\n\nAustralian Competition and Consumer Commission\n\nAustralian Competition and Consumer Commission\n\n  \n1 Name\n\nThis is the Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020.\n\n2 Commencement\n\nThis Determination commences at the start of the day after it is registered on the Federal Register of Legislation.\n\nNote: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au/).\n\n3 Authority\n\nThis Determination is made under subsection 151C(15) of the Telecommunications Act 1997.\n\n4 Definitions\n\nIn this Determination, unless the contrary intention appears:\n\nAct means the Telecommunications Act 1997.\n\ncarriage service provider has the meaning given by section 7 of the Act.\n\ncarrier has the meaning given by section 7 of the Act.\n\njoint functional separation undertaking means an undertaking under section 151C of the Act.\n\nlocal access line service has the meaning given by section 142A of the Act.\n\nretailer has the meaning given by section 142A of the Act.\n\nwholesaler has the meaning given by section 142A of the Act.\n\n5 References to other instruments\n\nIn this Determination, unless the contrary intention appears:\n\n(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n\n(b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.\n\nNote 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\nNote 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\nNote 3: For paragraph (b), see subsection 589(2) of the Act.\n\n6 Determination of kinds of information\n\n  (1) Subsections (2) and (3) set out the kinds of information that are determined, pursuant to subsection 151C(15) of the Act, to be specified information for the purpose of paragraphs 151C(2)(o) and (p) of the Act.\n  (2) Information provided to a retailer by a carrier or carriage service provider (other than a wholesaler) that constitutes:\n    (a) terms and conditions relating to price or a method of ascertaining price in respect of the provision of a local access line service on a wholesale basis;\n    (b) other terms and conditions relating to the provision of a local access line service on a wholesale basis; or\n    (c) current or proposed network coverage information including maps and network ownership information relating to the provision of a local access line service on a wholesale basis;\n\nwhere that information is disclosed by the retailer to a wholesaler bound by the same joint functional separation undertaking for the purpose of obtaining an equivalent offer from that wholesaler in respect of the provision of a local access line service on a wholesale basis.\n\n  (3) Information provided to a retailer by a carrier or carriage service provider (other than a wholesaler) that constitutes:\n    (a) practices, procedures or other guidance relating to the maintenance and continuity of business operations in emergency scenarios;\n    (b) a request to access the infrastructure of a wholesaler for the purpose of maintaining network resilience or the continuity of business operations; or\n    (c) practices, procedures or other guidance relating to compliance with relevant regulatory obligations.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination does not amend the Act or expand the class of entities subject to joint functional separation undertakings. It simply specifies particular kinds of information that qualify as 'specified information' for the purposes of subsection 151C(2)(o) and (p), thereby clarifying permitted information flows without changing the legislative scope of the undertakings."},"complexity_factors":["Cross-references to the Telecommunications Act 1997 (s151C(15), s151C(2)(o)/(p)) create dependency on statutory definitions and thresholds.","Targeted scope limited to local access line services and specific information types (commercial terms, coverage maps, resilience and compliance guidance) narrows application but requires precise fact‑finding to apply (cl.6(2)-(3)).","Conditional disclosure path: retailer may disclose to a wholesaler only if that wholesaler is bound by the same joint undertaking, imposing verification and documentation burdens on parties (cl.6(2) intro and (2) end).","Interoperability with privacy, competition and commercial confidentiality regimes creates potential compliance trade‑offs and legal uncertainty in edge cases.","Operational implementation requires aligning commercial negotiation processes and emergency procedures with permitted sharing rules, creating modest administrative costs for carriers/retailers/wholesalers (cl.6(3)(a)-(b)).","The instrument is short and prescriptive, reducing statutory ambiguity but increasing reliance on parties’ contractual and governance arrangements to evidence entitlement to share."],"plain_english_summary":"This Determination authorises particular kinds of information that carriers and other carriage service providers may give to retailers — and permits retailers to disclose some of that information to wholesalers bound by the same joint functional separation undertaking. It covers wholesale local access line commercial terms and pricing methods, network coverage/ownership data, and operational, emergency‑resilience and regulatory‑compliance guidance. It affects carriers, retailers and wholesalers involved in local access services and matters for network continuity. The ACCC made the Determination under subsection 151C(15) of the Telecommunications Act 1997."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination remains tightly scoped to its original purpose under subsection 151C(15) of the Telecommunications Act 1997. It does exactly what the empowering provision allows: specify particular kinds of information that may be shared between bound retailers and wholesalers. There is no mission creep — the instrument hasn't expanded to cover additional services, additional parties, or additional purposes beyond the functional separation framework."},"complexity_factors":["Short instrument — only 6 sections spanning approximately 2 pages","Minimal defined terms — only 7 definitions, all referencing external legislation rather than creating new concepts","Single operational purpose — permits specific information sharing in one narrow context (joint functional separation undertakings)","No nested exceptions or conditional logic — sections 6(2) and 6(3) use simple 'information that constitutes' structure with flat lists (a), (b), (c)","Straightforward cross-references — all references point to the Telecommunications Act 1997 or standard interpretation legislation, with no complex temporal or conditional referencing","Limited substantive content — the entire effect of the instrument is contained in two subsections (6(2) and 6(3))"],"plain_english_summary":"This Determination creates a narrow exception to Australia’s telecom secrecy rules, allowing retailers and wholesalers bound by the same joint functional separation undertaking to share specific commercial, operational and regulatory information. It’s limited to predefined types of information and only to enable a retailer to obtain an equivalent offer from the bound wholesaler.\n\nIt fixes a “chinese wall” problem so functional separation can operate practically, without broadly loosening confidentiality protections."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-permitted-information-sharing-for-joint-functional-separation-undertakings-determ","history":"/api/acts/telecommunications-permitted-information-sharing-for-joint-functional-separation-undertakings-determ/history","analysis":"/api/acts/telecommunications-permitted-information-sharing-for-joint-functional-separation-undertakings-determ/analysis","conflicts":"/api/acts/telecommunications-permitted-information-sharing-for-joint-functional-separation-undertakings-determ/conflicts","importantCases":"/api/acts/telecommunications-permitted-information-sharing-for-joint-functional-separation-undertakings-determ/important-cases","documents":"/api/acts/telecommunications-permitted-information-sharing-for-joint-functional-separation-undertakings-determ/documents"}}