Non-discrimination provisions were introduced into Part XIC of the Competition and Consumer Act 2010 (Cth) (CCA) as part of the National Broadband Network (NBN) reforms.
The ACCC published explanatory material in relation to the Part XIC non-discrimination provisions in 2012. The documents relating to the 2012 version are available at: 2012 non-discrimination guidelines.
As part of the Telecommunications Reform package in 2020, changes were made to the CCA and the Telecommunications Act 1997 (Cth) (Telecommunications Act).
Following those changes, the non-discrimination provisions in Part XIC of the CCA apply to NBN Co and the non-discrimination provisions in Part 8 of the Telecommunications Act apply to certain other superfast network access providers.
‘Discrimination’ is not defined in the relevant legislation. In undertaking our role in enforcing the non-discrimination provisions we consider discrimination to mean an Access Provider treating itself or one or more access seekers more favourably or less favourably than another access seeker.
In September 2021, the ACCC published its telecommunications non-discrimination guidelines (2021 Guidelines). The 2021 Guidelines followed consultation and replace the 2012 explanatory material. The 2021 Guidelines and accompanying documents are available at: 2021 Telecommunications non-discrimination guidelines