sec.168CProhibition on particular treatment of users by access providers

### sec.168C Prohibition on particular treatment of users by access providers In providing access to a declared service, an access provider must not unfairly differentiate between users of the service in a way that has a material adverse effect on the ability of 1 or more of the users to compete with other users. Provision for enforcing compliance with subsection (1) is made in division 8 (Enforcement for pt 5 ), particularly section 153 (Orders to enforce prohibitions on hindering access and unfair differentiation). An access provider does not contravene subsection (1) to the extent the different treatment is expressly required or permitted by— an access code or approved access undertaking for the service; or an access agreement to which the provider is a party; or an access determination to which the provider is a party. However, subsection (2) does not authorise an access provider to do anything under an access agreement or access determination to which the provider is a party if the provider is prevented from doing the thing under section 104 or 125 . This section applies despite section 102 . s 168C ins 2010 No. 32 s 58 amd 2018 No. 6 s 10 (sec.168C-ssec.1) In providing access to a declared service, an access provider must not unfairly differentiate between users of the service in a way that has a material adverse effect on the ability of 1 or more of the users to compete with other users. Provision for enforcing compliance with subsection (1) is made in division 8 (Enforcement for pt 5 ), particularly section 153 (Orders to enforce prohibitions on hindering access and unfair differentiation). (sec.168C-ssec.2) An access provider does not contravene subsection (1) to the extent the different treatment is expressly required or permitted by— an access code or approved access undertaking for the service; or an access agreement to which the provider is a party; or an access determination to which the provider is a party. (sec.168C-ssec.3) However, subsection (2) does not authorise an access provider to do anything under an access agreement or access determination to which the provider is a party if the provider is prevented from doing the thing under section 104 or 125 . (sec.168C-ssec.4) This section applies despite section 102 . - (a) an access code or approved access undertaking for the service; or - (b) an access agreement to which the provider is a party; or - (c) an access determination to which the provider is a party.