The Telstra Corporation and Other Legislation Amendment Act 2021 came in to force in December 2021.
This introduced a requirement on the ACCC to conduct a review of whether a Ministerial determination should be made under subsection 581W(3) of the Telecommunications Act 1997 regarding the corporate control percentage.
On 6 April 2022, the ACCC published a Consultation Paper with stakeholder submissions due on 6 May 2022. The ACCC received 7 stakeholder submissions.
On 14 June 2022 the ACCC provided the Minister for Communications a report on its review on of whether a determination should be made by the Minister under subsection 581W(3) of the Act.
The report states that the ACCC’s view is that the current 15% corporate control threshold is appropriate at this time and that a Ministerial determination under subsection 581W(3) of the Act is not required.
On the same date, the ACCC lodged a notifiable instrument with the Federal Register of Legislation to record that it provided the report to the Minister.