4.1Industry codes—application of section 115 of the Act

#### 4.1 Industry codes—application of section 115 of the Act (1) The rule in subsection 115(1) of the Act does not apply to an industry code to the extent to which compliance with the code is likely: (a) to have the indirect effect of requiring a telecommunications network or a facility to have particular design features that relate to: (i) interference between telecommunications systems that are operated using the unconditioned local loop service; or (ii) the health and safety of a person operating or working on a telecommunications network or a facility that incorporates, or is used with, the unconditioned local loop service; or (iii) the integrity of a telecommunications network or a facility that incorporates, or is used with, the unconditioned local loop service; or (b) to have the direct or indirect effect of requiring a telecommunications network or a facility to meet performance requirements that relate to: (i) interference between telecommunications systems that are operated using the unconditioned local loop service; or (ii) the health and safety of a person operating or working on a telecommunications network or a facility that incorporates, or is used with, the unconditioned local loop service; or (iii) the integrity of a telecommunications network or a facility that incorporates, or is used with, the unconditioned local loop service. (2) In subregulation (1): > unconditioned local loop service means the service declared by the ACCC, on 4 August 1999 under subsection 152AL(3) of the Trade Practices Act 1974, to be a declared service for the purposes of Part XIC of that Act. > Note: The Trade Practices Act 1974 was renamed as the Competition and Consumer Act 2010 by the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010.