From 1 January 2011 amendments to the Competition and Consumer Act 2010 (CCA) took effect to change the operation of Part XIC from a negotiate/arbitrate access regime to an access regime which enables the ACCC to set default price and non-price terms in Access Determinations (ADs). The amendments were made by the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010.
An AD will only apply where there is no commercial agreement between an access seeker and an access provider. They create a benchmark which access seekers can fall back on while still allowing parties to negotiate different terms of access. Under the new amendments, where an access seeker and NBN corporations (such as NBN Co) negotiate different terms of access, NBN Co is subject to the non-discrimination provisions in Part XIC of the CCA.
ADs can be interim (interim access determinations, or IADs) or final (final access determinations, or FADs). The ACCC must make FADs for all services that it declares. The ACCC may also make IADs in some circumstances to operate before FADs are made.
The ACCC is required to consult with industry before making an FAD for a declared service.
The ACCC has not made an AD in relation to NBN Co's services at this time.
