16Miscellaneous modifications of telecommunications access regime

#### 16 Miscellaneous modifications of telecommunications access regime (1) The following provisions of the Competition and Consumer Act do not apply: (a) subsections 152AB(2), (3), (4), (5), (6), (7) and (8); (b) paragraph 152AR(4)(b); (c) subsections 152AR(5), (6), (7) and (8); (d) Division 6 of Part XIC; (e) paragraph 152CQ(1)(b). (2) Subsections 152AR(12) and 152CQ(9) of the Competition and Consumer Act have effect as if “13 September 1996” were replaced by “30 October 1997”. (3) Section 152AH of the Competition and Consumer Act has effect as if the following matters were substituted for the matter in paragraph 152AH(1)(e): (a) whether the technical and operational quality of the declared service are at least equivalent to the benchmark level; (b) whether the access seeker would receive fault detection, handling and rectification of a technical and operational quality and timing at least equivalent to the benchmark level. (4) Section 152CR of the Competition and Consumer Act has effect as if the following matters were substituted for the matter in paragraph 152CR(1)(f): (a) whether the technical and operational quality of the declared service are at least equivalent to the benchmark level; (b) whether the access seeker would receive fault detection, handling and rectification of a technical and operational quality and timing at least equivalent to the benchmark level. (5) For the purposes of this section, the benchmark level is the level specified by the Minister under subsection (5A) for the purposes of this section. (5A) The Minister may, by legislative instrument, specify a level for the purposes of this section. (6) A reference in this section to the Competition and Consumer Act is a reference to that Act as in force immediately before the commencement of Division 1 of Part 2 of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010.