152BDBinding rules of conduct

152BD Binding rules of conduct

(1) The Commission may make written rules that:

(a) specify any or all of the terms and conditions on which a carrier or carriage service provider is to comply with any or all of the standard access obligations applicable to the carrier or provider in relation to a specified declared service; or

(b) require a carrier or carriage service provider to comply with any or all of the standard access obligations applicable to the carrier or provider in relation to a specified declared service in a manner specified in the rules;

if the Commission considers that there is an urgent need to do so.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) Rules under subsection (1) are to be known as binding rules of conduct.

(3) Binding rules of conduct may be of general application or may be limited as provided in the rules.

(4) In particular, binding rules of conduct may be limited to:

(a) particular carriers or carriage service providers; or

(b) particular classes of carriers or carriage service providers; or

(c) particular access seekers; or

(d) particular classes of access seekers.

(4A) Binding rules of conduct may be expressed to be NBN‑specific binding rules of conduct.

(4B) Binding rules of conduct do not apply in relation to access to a declared service to the extent to which the service is supplied, or is capable of being supplied, by an NBN corporation unless the binding rules of conduct are expressed to be NBN‑specific binding rules of conduct.

(4C) If binding rules of conduct are expressed to be NBN‑specific binding rules of conduct, the binding rules of conduct do not apply in relation to access to a declared service to the extent to which the service is supplied, or is capable of being supplied, by a person other than an NBN corporation.

(5) Subsection (4) does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.

(6) The Commission is not required to observe any requirements of procedural fairness in relation to the making of binding rules of conduct.

(7) The Commission does not have a duty to consider whether to make binding rules of conduct, whether at the request of a person or in any other circumstances.

(8) Binding rules of conduct may provide for the Commission to perform functions, and exercise powers, under the rules.

(9) An instrument under subsection (1) is not a legislative instrument.