{"id":"F2021L00197","name":"Telecommunications (Permitted Information Sharing for Standard Functional Separation Undertakings) Determination 2021","slug":"telecommunications-permitted-information-sharing-for-standard-functional-separation-undertakings-det","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101288,"registerId":"commonwealth-F2021L00197-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Permitted Information Sharing for Standard Functional Separation Undertakings) Determination 2021","content":"![](image.001.png)\n\nTelecommunications (Permitted Information Sharing for Standard Functional Separation Undertakings) Determination 2021\n\nThe Australian Competition and Consumer Commission makes this Determination under subsection 151A(13) of the Telecommunications Act 1997.\n\nDated: 1 March, 2021\n\n\\[signed\\]\n\nDelia Ann Rickard\n\nDeputy Chair\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 Standard Functional Separation Undertakings) Determination 2021.\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 151A(13) 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\ncorporation has the meaning given by section 142A of the Act.\n\nlocal access line service has the meaning given by section 142A of the Act.\n\nretail business unit has the meaning given by section 142A of the Act.\n\nstandard functional separation undertaking means an undertaking under section 151A of the Act.\n\nwholesale business unit 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 151A(13) of the Act, to be specified information for the purpose of paragraphs 151A(2)(j) and (k) of the Act.\n  (2) Information provided to the corporation’s retail business unit by a carrier or carriage service provider 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 corporation’s retail business unit to the corporation’s wholesale business unit for the purpose of obtaining an equivalent offer in respect of the provision of a local access line service on a wholesale basis.\n\n  (3) Information provided to the corporation’s retail business unit by a carrier or carriage service provider 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 the corporation’s wholesale business unit 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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination performs exactly the function contemplated by its enabling provision (subsection 151A(13) of the Telecommunications Act 1997). It does not expand beyond the statutory authority to specify particular kinds of information that may be shared despite functional separation undertakings. The scope remains tightly constrained to the three enumerated categories of information."},"complexity_factors":["Short instrument: only 6 sections covering 2 pages","Minimal defined terms: 7 definitions, all referencing external legislation rather than creating new concepts","Simple conditional structure: only two operative subsections (6(2) and 6(3)) with straightforward lists","No nested exceptions or complex cross-referencing beyond standard \"as in force from time to time\" references","Single purpose instrument: determines specific information types for one provision (section 151A(13)) of the parent Act","Clear delineation between permitted information categories (pricing/network vs. emergency/compliance)"],"plain_english_summary":"This Determination creates a narrow exception to strict information‑sharing bans that apply to carriers with a standard functional separation undertaking (primarily big telcos like Telstra), letting the retail arm share limited commercial, emergency/resilience, and regulatory‑compliance information with its wholesale arm. It preserves the separation that prevents anti‑competitive conduct while allowing necessary data exchange so the separated entity can match competitor offers, maintain network resilience, and meet legal obligations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Act. It exercises the ACCC's power under subsection 151A(13) to specify kinds of 'specified information' for paragraphs 151A(2)(j) and (k), thereby clarifying permitted information-sharing between retail and wholesale business units (see cl.3 and cl.6). It does not, within its text, expand statutory definitions or alter who is subject to the Telecommunications Act."},"complexity_factors":["Multiple statutory cross-references and defined terms are required to interpret scope (cl.3; cl.4 references s7 and s142A of the Act).","Conditional permission structure: disclosure is permitted only when information is provided to the retail unit and then disclosed to the wholesale unit for the purpose of obtaining an equivalent offer (cl.6(1)–(2)).","Two distinct categories of permitted information with different operational implications: commercial/pricing/coverage data (cl.6(2)(a)–(c)) versus emergency, resilience and compliance information (cl.6(3)(a)–(c)).","Short, prescriptive text that leaves interpretive gaps about procedures, confidentiality safeguards and interactions with other regulatory obligations (no procedural rules in this Determination; see cl.6).","Decision-maker and legal basis are concentrated: ACCC exercises its power under subsection 151A(13) of the Act to specify these kinds of information (cl.3), which centralises legal discretion into a single instrument."],"plain_english_summary":"This Determination specifies which kinds of carrier-supplied information a vertically separated telecommunications corporation’s retail unit may disclose to its wholesale unit when seeking an equivalent wholesale offer — examples include pricing terms, coverage maps and network ownership, plus emergency‑response and regulatory‑compliance guidance. It affects carriers and the corporation's retail and wholesale business units by clarifying permitted inter‑unit information sharing and the circumstances in which that sharing may occur, so parties know what commercial and operational information can be exchanged."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-permitted-information-sharing-for-standard-functional-separation-undertakings-det","history":"/api/acts/telecommunications-permitted-information-sharing-for-standard-functional-separation-undertakings-det/history","analysis":"/api/acts/telecommunications-permitted-information-sharing-for-standard-functional-separation-undertakings-det/analysis","conflicts":"/api/acts/telecommunications-permitted-information-sharing-for-standard-functional-separation-undertakings-det/conflicts","importantCases":"/api/acts/telecommunications-permitted-information-sharing-for-standard-functional-separation-undertakings-det/important-cases","documents":"/api/acts/telecommunications-permitted-information-sharing-for-standard-functional-separation-undertakings-det/documents"}}