151ZHStatement about the differences between an access agreement and an offer etc.

#### 151ZH Statement about the differences between an access agreement and an offer etc. (1) If: (a) an access agreement is entered into by a person on or after the designated commencement date; and (b) the eligible service to which the access agreement relates is an eligible service supplied, or proposed to be supplied, by the person using a local access line; and (c) any of the following conditions is satisfied: (i) section 142C applies to the line; (ii) section 143 applies to the line; (iii) neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line; and (d) immediately before the access agreement was entered into, there was published on the person’s website: (i) the terms and conditions relating to price or a method of ascertaining price; or (ii) other terms and conditions; on which the person offers to supply eligible services using the line; and (e) the terms and conditions set out in the access agreement are not the same as the terms and conditions set out in the offer; the person must, within 5 business days after the day on which the access agreement was entered into, publish on the person’s website a statement, in a form approved in writing by the ACCC: (f) identifying the parties to the access agreement; and (g) describing the differences between the terms and conditions set out in the access agreement and the terms and conditions set out in the offer; and (h) setting out such other information (if any) about the access agreement as is required by the form. > Note: For access agreement, see subsection (5). Variation agreement (2) If: (a) a variation agreement is entered into by a person on or after the designated commencement date; and (b) the eligible service to which the relevant access agreement relates is an eligible service supplied, or proposed to be supplied, by the person using a local access line; and (c) any of the following conditions is satisfied: (i) section 142C applies to the line; (ii) section 143 applies to the line; (iii) neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line; and (d) immediately before the variation agreement was entered into, there was published on the person’s website: (i) the terms and conditions relating to price or a method of ascertaining price; or (ii) other terms and conditions; on which the person offers to supply eligible services using the line; and (e) the terms and conditions set out in the relevant access agreement (as varied by the variation agreement) are not the same as the terms and conditions set out in the offer; the person must, within 5 business days after the day on which the variation agreement was entered into, publish on the person’s website a statement, in a form approved in writing by the ACCC: (f) identifying the parties to the relevant access agreement (as varied by the variation agreement); and (g) describing the differences between the terms and conditions set out in the relevant access agreement (as varied by the variation agreement) and the terms and conditions set out in the offer; and (h) setting out such other information (if any) about the relevant access agreement (as varied by the variation agreement) as is required by the form. > Note: For variation agreement, see subsection (5). Publication of offer (2A) If: (a) a person offers to supply eligible services to the person’s wholesale customers, or prospective wholesale customers, using a local access line; and (b) any of the following conditions is satisfied: (i) section 142C applies to the line; (ii) section 143 applies to the line; (iii) neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line; the person must publish on the person’s website: (c) the terms and conditions relating to price or a method of ascertaining price; or (d) other terms and conditions; on which the person offers to supply eligible services to the person’s wholesale customers, or prospective wholesale customers, using the line. Ancillary contraventions (3) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (1), (2) or (2A); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1), (2) or (2A); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1), (2) or (2A); or (d) conspire with others to effect a contravention of subsection (1), (2) or (2A). Civil penalty provisions (4) Subsections (1), (2), (2A) and (3) are civil penalty provisions. > Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions. Access agreement and variation agreement (5) For the purposes of this section, access agreement and variation agreement have the same respective meanings as in Part XIC of the Competition and Consumer Act 2010. For this purpose, assume that: (a) each reference in section 152AF, subsections 152AG(1) and (3) and section 152BE of that Act to a declared service were a reference to an eligible service; and (b) subsection 152BE(2) of that Act had not been enacted.