Home Page / Legislation / Competition and Consumer Act 2010 / s 151AA

Competition and Consumer Act 2010 (Cth)

Section 151AA
Simplified Outline

 

The provision

The following is a simplified outline of this Part:

  • This Part sets up a special regime for regulating anti-competitive conduct in the telecommunications industry. The regime applies in addition to Part IV.
  • The Part sets out the circumstances in which carriers and carriage service providers are said to engage in anti-competitive conduct.
  • A carrier or carriage service provider must not engage in anti-competitive conduct. This rule is called the competition rule.
  • The Commission may issue a notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in anti-competitive conduct. The notice is called a Part A competition notice.
  • Proceedings for the enforcement of the competition rule (other than proceedings for injunctive relief) must not be instituted unless the alleged conduct is of a kind dealt with in a Part A competition notice that was in force at the time when the alleged conduct occurred.
  • The Commission may issue a notice stating that a specified carrier or carriage service provider has contravened, or is contravening, the competition rule. The notice is called a Part B competition notice.
  • A Part B competition notice is prima facie evidence of the matters in the notice.
  • The Commission may make an order exempting specified conduct from the scope of the definition of anti‑competitive conduct. The order is called an exemption order.
  • Carriers and carriage service providers may be directed to file tariff information with the Commission. The direction is called a tariff filing direction.
  • The Commission may make record-keeping rules that apply to carriers and carriage service providers.
  • Carriers and carriage service providers may be directed by the Commission to make certain reports available. The direction is called a disclosure direction.

 

Legislative history

Forthcoming

 

Commentary

Forthcoming