Non-discrimination under Part XIC of the CCA and Part 8 of the Telecommunications Act

Proposed guidance consultation18 May 2021

The ACCC has released a consultation paper regarding a proposed updated version of the ACCC’s explanatory material concerning the non-discrimination provisions applicable to NBN Co and other access providers (Proposed Guidance). The Proposed Guidance follows recent amendments to Part XIC of the Competition and Consumer Act 2010 (Cth) (CCA) and Part 8 of the Telecommunications Act 1997 (Cth) (Telecommunications Act).

The Proposed Guidance is designed to provide a set of high level principles to guide NBN Co and other access providers as to how the ACCC will consider whether they have complied with the non-discrimination provisions under Part XIC of the CCA and Part 8 of the Telecommunications Act. The decision on whether particular conduct by a network access provider contravenes the provisions is ultimately a matter for the Federal Court.

The ACCC invites stakeholders to provide their feedback on the Proposed Guidance via the ACCC’s Consultation Hub.

Queries may be sent to CommunicationsComplianceSection@accc.gov.au.

Responses to this consultation paper are due by Wednesday 16 June 2021.

The ACCC anticipates that it will communicate the outcomes of this consultation, including issuing a new version of the guidance, in August 2021.

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