152CJASupply of services by NBN corporations

152CJA Supply of services by NBN corporations

(1) An NBN corporation must not supply an eligible service (within the meaning of section 152AL) to another person unless:

(a) the service is a declared service under subsection 152AL(8A); or

(b) both:

(i) the NBN corporation has formulated a standard form of access agreement that relates to access to the service; and

(ii) the standard form of access agreement is available on the NBN corporation’s website; or

(c) both:

(i) a special access undertaking given by the NBN corporation is in operation; and

(ii) the undertaking relates to the service.

(2) If:

(a) as the result of a request made by an access seeker under section 152AXB, an NBN corporation is subject to a category B standard access obligation in relation to a declared service; and

(b) the NBN corporation has formulated a standard form of access agreement that relates to access to the service; and

(c) the standard form of access agreement is available on the NBN corporation’s website; and

(d) the access seeker requests the NBN corporation to enter into an access agreement that:

(i) relates to access to the service; and

(ii) sets out terms and conditions that are the same as the terms and conditions set out in the standard form of access agreement;

the NBN corporation must comply with the request mentioned in paragraph (d).

Note: An NBN corporation will not be subject to a category B standard access obligation in the circumstances set out in subsection 152AXB(3) or (6).

(3) If an access seeker does not make a request under paragraph (2)(d), this Part does not, by implication, prevent the NBN corporation and the access seeker from entering into an access agreement that sets out terms and conditions that are not the same as the terms and conditions set out in the standard form of access agreement.