152AYCompliance with standard access obligations

152AY Compliance with standard access obligations

(1) This section applies if a carrier or carriage service provider is required to comply with any or all of the standard access obligations.

(2) The carrier or carriage service provider must comply with the obligations:

(a) if an access agreement between:

(i) the carrier or carriage service provider, as the case requires; and

(ii) the access seeker;

is in operation and specifies terms and conditions about a particular matter—on such terms and conditions relating to that matter as are set out in the agreement; or

(b) if:

(i) paragraph (a) does not apply in relation to terms and conditions about a particular matter; and

(ii) a special access undertaking given by the carrier or carriage service provider is in operation, and the undertaking specifies terms and conditions about that matter—on such terms and conditions relating to that matter as are set out in the undertaking; or

(c) if:

(i) neither paragraph (a) nor (b) applies to terms and conditions about a particular matter; and

(ii) binding rules of conduct specify terms and conditions about that matter;

on such terms and conditions relating to that matter as are set out in the binding rules of conduct; or

(d) if:

(i) none of the above paragraphs applies to terms and conditions about a particular matter; and

(ii) an access determination specifies terms and conditions about that matter;

on such terms and conditions relating to that matter as are set out in the access determination.

Note 1: Sections 152BCC, 152BDB, 152BDE, 152CBIA, 152CBIB and 152CBIC, which deal with inconsistency, should be read and applied before this section is read and applied.

Note 2: Even though subsection (2) mentions binding rules of conduct, binding rules of conduct may only be made if the Commission considers that there is an urgent need to do so.

Note 3: For transitional provisions, see Division 2 of Part 2 of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010.