143AClass exemptions

143A Class exemptions

Determination providing for exemption (1) The ACCC may, by legislative instrument, determine that, if: (a) a person is included in a specified class of persons; and (b) the person has, by written notice given to the ACCC, elected to be bound by the determination; and (c) the person has not, by written notice given to the ACCC, cancelled the election; and (d) in a case where the person is not a member of an associated group—the number of residential customers to whom the person supplies fixed‑line carriage services does not exceed: (i) 2,000; or (ii) if a higher number (not exceeding 12,000) is specified in the regulations—that higher number; and (e) in a case where the person is a member of an associated group—the total number of residential customers to whom the members of the group supply fixed‑line carriage services does not exceed: (i) 2,000; or (ii) if a higher number (not exceeding 12,000) is specified in the regulations—that higher number; the person is exempt from section 142C.

Note: For associated group, see subsection (10) of this section.

(2) The ACCC may, by legislative instrument, determine that, if: (a) a person is included in a specified class of persons; and (b) the person has, by written notice given to the ACCC, elected to be bound by the determination; and (c) the person has not, by written notice given to the ACCC, cancelled the election; and (d) in a case where the person is not a member of an associated group—the number of residential customers to whom the person supplies fixed‑line carriage services does not exceed: (i) 2,000; or (ii) if a higher number (not exceeding 12,000) is specified in the regulations—that higher number; and (e) in a case where the person is a member of an associated group—the total number of residential customers to whom the members of the group supply fixed‑line carriage services does not exceed: (i) 2,000; or (ii) if a higher number (not exceeding 12,000) is specified in the regulations—that higher number; the person is exempt from section 143.

Note: For associated group, see subsection (10) of this section.

(3) A determination under subsection (1) or (2) is subject to the following conditions and limitations: (a) the person must ensure that a designated carriage service is available for supply to wholesale customers, or prospective wholesale customers, of the person; (b) the person must not discriminate between the person’s wholesale customers, or the person’s prospective wholesale customers, in relation to the supply of designated carriage services; (c) the person must not discriminate in favour of itself in relation to the supply of designated carriage services; (d) the person must not, in carrying on any of the following activities, discriminate between the person’s wholesale customers or the person’s prospective wholesale customers: (i) developing a new eligible service; (ii) enhancing an eligible service; (iii) extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied; (iv) planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied; (v) an activity that is preparatory to the supply of an eligible service; (vi) an activity that is ancillary or incidental to the supply of an eligible service; (vii) giving information to service providers about any of the above activities; (e) the person must not discriminate in favour of itself in relation to the carrying on of any of the following activities: (i) developing a new eligible service; (ii) enhancing an eligible service; (iii) extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied; (iv) planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied; (v) an activity that is preparatory to the supply of an eligible service; (vi) an activity that is ancillary or incidental to the supply of an eligible service; (vii) giving information to service providers about any of the above activities; (f) such other conditions and limitations as are specified in the determination.