Joint functional separation undertakings - permitted information sharing

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The Telecommunications Act 1997 (the Act) prohibits information provided by carriers and carriage service providers to a retail service provider from being disclosed to, or obtained, accessed or used by, a wholesale infrastructure provider bound by the same functional separation undertaking, unless otherwise determined by the ACCC by legislative instrument.

On 18 December 2020, the ACCC issued the Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020 (the Determination). Pursuant to subsection 151C(15) of the Act, the Determination specifies the kinds of information provided by carriers and carriage service providers to retailers that may be shared with wholesalers bound by the same joint functional separation undertaking.

The ACCC published a notice on its website on 13 November 2020 setting out the proposed Determination and seeking feedback from interested stakeholders before making the Determination. Submissions closed Monday 23 November 2020.

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