Non-discrimination provisions were introduced into Part XIC of the Act as part of the National Broadband Network (NBN) reforms.
The non-discrimination provisions apply to NBN corporations (such as NBN Co) and providers of Layer 2 bitstream services over designated superfast telecommunications networks (collectively referred to as 'network access providers').
The relevant provisions are:
- sections 152ARA(1) and 152AXC(1) provide that network access providers must not discriminate between access seekers in complying with their Category A and B standard access obligations
- sections 152ARB and 152AXD provide that network access providers must not discriminate between access seekers in the carrying on of activities related to the supply of declared services
- sections 152ARA(7) and 152AXC(7) provide that a network access provider must not discriminate in favour of itself in the supply of declared services
- sections 152BCB(4A) to (4C) and 152BDA(4A) to (4C) prohibit the ACCC from making an access determination or issuing a binding rule of conduct in relation to services provided by network access providers which has the effect (whether direct or indirect) of discriminating between access seekers.
The sections relating to designated superfast telecommunications network providers in sections 152ARA and 152ARB took effect on 13 April 2012.