10Matters that ACCC must take into account

10 Matters that ACCC must take into account

(1) The ACCC must take the following matters into account in making a determination: (a) the legitimate business interests of the parties, and the parties’ investment in facilities used to supply the service that is the subject of the dispute; (b) the interests of all persons who have rights to use the service; (c) the direct costs of providing access to the service; (d) the operational and technical requirements necessary for the safe and reliable operation of a telecommunications network, or facilities used to supply carriage services; (e) the economically efficient operation of a carriage service, a telecommunications network or a facility; (f) whether the determination will promote the long‑term interests of end‑users of carriage services or of services supplied by means of carriage services. (2) For the purposes of paragraph (1)(f), whether a determination will promote the long‑term interests of end‑users of carriage services or of services supplied by means of carriage services is to be determined in the same way as the question is determined for the purposes of Part XIC of the Competition and Consumer Act 2010.

Note: See section 152AB of the Competition and Consumer Act 2010.

(3) The ACCC may take into account any other matters that it considers relevant.