49Additional matters to be considered for related provider regulatory information instruments

49 Additional matters to be considered for related provider regulatory information instruments

49 Additional matters to be considered for related provider regulatory information instruments

(1) This section applies if the AER is intending to—

(a) serve a regulatory information notice on a related provider; or

(b) make a general regulatory information order that will apply to a class of related providers.

(2) In addition to the matters set out in section 48(2), the AER, in considering whether it is reasonably necessary to serve the regulatory information notice, or make the general regulatory information order, must have regard to—

(a) whether the service provider being supplied a contributing service by the related provider or related providers to which the intended regulatory information instrument will apply can—

(i) provide the information to be specified in that instrument; or

(ii) prepare, maintain or keep the information to be specified in the particular manner and form to be specified in that instrument; and

(b) the extent to which the related provider or related providers to which the intended regulatory information instrument will apply is, or are, supplying a contributing service on a genuinely competitive basis; and

(c) the nature of any ownership or control between—

(i) the service provider being supplied a contributing service by a related provider to which the intended regulatory information instrument will apply; and

(ii) that related provider; and

(d) the nature of any ownership or control as between different related providers supplying the contributing service to the service provider; and

(e) any other matter the AER considers relevant.

(3) For the purposes of subsection (2)(b), in considering whether a contributing service is being supplied on a genuinely competitive basis, the AER may take into account—

(a) whether there is effective competition in the market for the supply of the contributing service; and

(b) whether the related provider supplies the contributing service to a service provider under a contract, arrangement or understanding entered into with that service provider following a competitive process for the awarding of the right to enter into that contract, arrangement or understanding involving persons who were not associates of the service provider.