Regulatory projects

Title Industry Type Status
Superfast broadband network class exemption & deemed functional separation undertaking Communications Access determination Finalised
21 January 2021

The Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 received Royal Assent on 25 May 2020. Among other provisions, it amends the Telecommunications Act 1997 (Cth) (Tel Act) to enable superfast fixed line broadband networks serving residential customers to operate on a functionally separated basis (rather than a structurally separated basis).

Further consultation on permitted information sharing Communications Access determination Finalised
9 March 2021

On 3 March 2021, the ACCC issued two determinations that specify the kinds of information that may be shared between a retail and wholesale business unit of a corporation bound by a standard or deemed functional separation undertaking.

Forms for functional separation undertakings Communications Guideline Finalised
18 December 2020

On 25 August 2020, amendments to the Telecommunications Act 1997 came into effect that enable superfast fixed line broadband networks serving residential customers to operate on a functionally separated basis (rather than a structurally separated basis).

Joint functional separation undertakings - permitted information sharing Communications Access determination Finalised
18 December 2020

On 18 December 2020, the ACCC issued the Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020. This determination specifies the kinds of information provided by carriers and carriage service providers to retailers that may be shared with wholesalers bound by a joint functional separation undertaking.

ACCC assessment of NBN-Telstra service delivery agreements Communications Compliance assessment Finalised

On 2 September 2016 the ACCC released a report finalising its assessment of the NBN Co-Telstra service delivery agreements.

NBN wholesale service standards inquiry Communications Inquiry Finalised
4 November 2020

On 2 November 2017, the ACCC commenced a public inquiry to determine whether NBN wholesale service standard levels are appropriate, and consider whether regulation is necessary to improve consumer experiences.

Domestic transmission capacity service final access determination inquiry 2019-2020 Communications Access determination Finalised
23 October 2020

On 5 June 2019, the ACCC released a consultation paper to formally commence a public inquiry into making a final access determination (FAD) for the domestic transmission capacity service (DTCS).

Uniti joint functional separation undertaking Communications Access undertaking Finalised
21 October 2020

On 2 September 2020, Uniti Group Limited (Uniti) submitted a joint functional separation undertaking and a supporting submission in accordance with section 151C of the Telecommunications Act. The ACCC accepted the undertaking on 21 October 2020.

Regional Broadband Scheme Levy report Communications Policy development Ongoing
21 October 2020

The Government has enacted the Regional Broadband Scheme (RBS) to fund the loss making components of the NBN (i.e. fixed wireless and satellite services) through a levy on fixed line infrastructure providers.

Mobile Terminating Access Service access determination inquiry - 2019 Communications Access determination Finalised
2 October 2020

The ACCC is holding a public inquiry under section 497 of the Telecommunications Act 1997 (Cth) on whether to extend, vary, or revoke the current domestic mobile terminating access service (MTAS) final access determination (FAD).

NBN Services in Operation record keeping rules Communications Monitoring Submissions due
October 2021

The NBN Services in Operation Record Keeping Rules (RKR) require NBN Co to provide information on the number of Access Virtual Circuit (AVC) services in operation, the amount of Connectivity Virtual Circuit (CVC) capacity being acquired and average CVC utilisation over the NBN.

Hunter Valley rail network annual compliance assessment 2017 Rail Compliance assessment Finalised
25 September 2020

The 2011 Hunter Valley Coal Network Access Undertaking (2011 HVAU) requires the Australian Rail Track Corporation (ARTC) to submit documentation to the ACCC for the purposes of an annual compliance assessment.

Cargill Port Adelaide wheat port exemption assessment Wheat export Access exemption Finalised
2 July 2020

On 30 October 2019, Cargill provided a written application to the ACCC seeking to be determined an exempt service provider of port terminal services provided by means of its port terminal facility at Port Adelaide, South Australia.

Water trading rules: advice to the Murray Darling Basin Authority about section 12.02 Water Policy advice Finalised

On 3 March 2020, the Murray-Darling Basin Authority (MDBA) requested the ACCC provide its advice on the operation of sub-sections 12.02(2) to (4) of the Basin Plan water trading rules (the 12.02 provisions), to inform its review of these provisions as required under the Basin Plan 2012 (Cth). The ACCC provided this advice to the MDBA on 1 June 2020.