Regulatory projects

Title Industry Type Status
Digital radio services Communications Access undertaking Finalised
19 March 2019

The ACCC administers the access regime for the digital radio access service under section 118 of the Radiocommunications Act 1992 (Radiocommunications Act).

DORC valuation of the Interstate network Rail Update Finalised
21 October 2021

On 23 April 2020, the ACCC engaged GHD to conduct a Depreciated Optimised Replacement Cost (DORC) valuation of ARTC's Interstate network to determine the Regulated Asset Base (RAB).

ADM Trading Australia wheat port exemption assessment Wheat export Access exemption Finalised

Following pre-lodgement discussions in 2020, on 14 January 2021 ADM Trading Australia provided a written application to the ACCC seeking to be determined an exempt service provider of port terminal services provided by means of a port terminal facility at Port Pirie, South Australia. On 14 July 2021 the ACCC released a draft determination proposing to determine ADM to be an exempt service provider of port terminal services at its Port Pirie facility.

Annual compliance assessment 2018 Rail Compliance assessment Finalised
10 August 2021

On 10 August 2021, the ACCC released a final determination for the period 1 January to 31 December 2018. The ACCC's final determination is that ARTC's revised submission from 17 June 2021 is in accordance with all requirements under the HVAU. The submitted true-up test audit is also in accordance with HVAU requirements.

Inquiry into NBN access pricing Communications Inquiry Finalised
4 November 2020

On 14 October 2019, the ACCC commenced a public inquiry into the prices that NBN Co charges access seekers to use the National Broadband Network (NBN) for supplying residential grade broadband services. The ACCC is considering whether regulatory intervention is necessary in respect of these access products, particularly basic speed access products.

Superfast broadband access service declaration inquiry Communications Access declaration Finalised
29 July 2016

On 11 September 2014, the ACCC commenced a declaration inquiry into whether a superfast broadband access service, such as the very-high-bit-rate digital subscriber line (VDSL) service, should be regulated under the Competition and Consumer Act 2010.

Viterra wheat port exemption assessment Wheat export Access exemption Finalised
20 July 2021

On 2 July 2019, Viterra provided a written application to the ACCC seeking to be determined an exempt service provider of port terminal services provided by means of all six of their port terminal facilities located in South Australia.

LBAS & SBAS declarations inquiry 2020 Communications Access declaration Finalised
19 July 2021

The ACCC has concluded its public inquiry into regulation of the superfast broadband access service (SBAS) and the local bitstream access service (LBAS).

Internet Activity Record Keeping Rule (RKR) Communications Monitoring Finalised
11 December 2018

The ACCC is undertaking the biannual collection and analysis of internet activity data through a new Internet Activity Record Keeping Rule (RKR), under Section 151BU of the Competition and Consumer Act 2010 (CCA), from the December 2018 reporting period onwards.

March 2021 variation of the 2011 Hunter Valley Coal Network Access Undertaking Rail Access variation Finalised
2 June 2021

On 30 March 2021, the Australian Rail Track Corporation (ARTC) submitted a new variation application for the current Hunter Valley Coal Network Access Undertaking. The ACCC published its Final Decision to consent to ARTC's 30 March variation application on 2 June 2021.

ARTC letter to the ACCC - Intention to extend Interstate Access Undertaking Rail Access undertaking Finalised
18 December 2020

Under section 2.2(b) of the 2008 Interstate Access Undertaking (IAU), ARTC must submit to the ACCC a written statement outlining whether or not it intends to submit a new undertaking to the ACCC for its consideration, no later than six months prior to the expiry of the 2008 IAU.

Building Block Model Record Keeping Rule Communications Review Finalised

The Building Block Model Record Keeping Rule – June 2013 expires on 30 June 2021. It required Telstra to provide information on forecast and actual data relating to operating expenditure, capital expenditure, depreciation and demand, regarding legacy fixed line services, for the Fixed Line Services Model. The FLSM was previously used by the ACCC to determine prices for Telstra’s declared legacy fixed line services.

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.