This is a register of telecommunications services declared under Division 2 of Part XIC of the Trade Practices Act.
There is no general right of access to telecommunications services – the ACCC must first “declare” the relevant service (Division 2 of Part XIC of the Act). Upon declaration standard access obligations (Division 3 Part XIC of the Act) then apply.
The ACCC cannot declare a service without first holding a public inquiry giving access seekers and consumers the opportunity to comment (ss 152 AL(3)).
On 30 June 1997, with the commencement of Part XIC of the Act, the ACCC “deemed” a number of telecommunications services to be declared (under s 39 of the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997. This had the same effect as if the Commission had conducted a public inquiry and declared the services (under ss 152AL(3)).
The ACCC also has the ability vary or revoke declarations, but with the exception of changes of minor importance, must hold a public inquiry ahead of such changes. The ACCC can also grant applications for exemption from standard access obligations for declared services, following public consultation.
