151DAAuthorised conduct—subsection 51(1)

151DA Authorised conduct—subsection 51(1)

Objects

(1) The objects of this section are:

(a) to promote the national interest in structural reform of the telecommunications industry; and

(b) to promote uniform national pricing of eligible services supplied by NBN corporations by authorising, for the purposes of subsection 51(1), certain conduct engaged in by NBN corporations.

Note 1: If conduct is authorised for the purposes of subsection 51(1), the conduct is disregarded in deciding whether a person has contravened Part IV.

Note 2: See also subsection 151AJ(10).

Authorised conduct—points of interconnection

(2) If:

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

(b) the NBN corporation:

(i) owns or controls one or more facilities; or

(ii) is a nominated carrier in relation to one or more facilities; and

(c) the NBN corporation refuses to permit interconnection of those facilities at a particular location with one or more facilities of:

(i) a service provider; or

(ii) a utility; and

(d) the location is not a listed point of interconnection; and

(e) the refusal is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities;

the refusal is authorised for the purposes of subsection 51(1).

Note: For listed point of interconnection, see section 151DB.

Authorised conduct—bundling of designated access services

(3) If:

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

(b) the NBN corporation:

(i) refuses to supply; or

(ii) refuses to offer to supply;

a designated access service to a service provider or utility unless the service provider or utility acquires, or agrees to acquire, one or more other designated access services (other than voice telephony facilitation services) from the NBN corporation; and

(c) the refusal is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities;

the refusal is authorised for the purposes of subsection 51(1).

Authorised conduct—uniform national pricing

(4) If an NBN corporation engages in conduct that is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities, that conduct is authorised for the purposes of subsection 51(1).