Schedule 1—Amendments

Trade Practices Act 1974

1 Section 44B

Insert:

access code means a code referred to in section 44ZZAA.

2 After paragraph 44ZZA(3)(d)

Insert:

(da) whether the undertaking is in accordance with an access code that applies to the service;

3 After subsection 44ZZA(4)

Insert:

(4A) The Commission may accept the undertaking without complying with subsection (4) if the Commission is satisfied that the undertaking is in accordance with an access code that is in operation at the time of acceptance.

4 After section 44ZZA

Insert:

44ZZAA Access codes prepared by industry bodies

(1) An industry body may give a written code to the Commission setting out rules for access to a service.

(2) The code must specify the expiry date of the code.

(3) The Commission may accept the code, if it thinks it appropriate to do so having regard to the following matters:

(a) the legitimate business interests of providers who might give undertakings in accordance with the code;

(b) the public interest, including the public interest in having competition in markets (whether or not in Australia);

(c) the interests of persons who might want access to the service covered by the code;

(d) whether access to the service is already the subject of an access regime;

(e) any matters specified in regulations made for the purposes of this subsection;

(f) any other matters that the Commission thinks are relevant.

(4) The Commission must not accept the code unless the Commission has first:

(a) published the code and invited people to make submissions to the Commission on the code; and

(b) considered any submissions that were received within the time limit specified by the Commission when it published the code.

(5) If the Commission accepts the code:

(a) the code comes into operation at the time of acceptance; and

(b) the code continues in operation until its expiry date, unless it is earlier withdrawn.

(6) The industry body may withdraw or vary the code at any time, but only with the consent of the Commission.

(7) If the industry body that gave the code to the Commission has ceased to exist, a withdrawal or variation under subsection (6) may be made by a body or association prescribed by the regulations as a replacement for the original industry body.

(8) In this section:

code means a set of rules (which may be in general terms or detailed terms).

industry body means a body or association prescribed by the regulations for the purposes of this section.

5 Section 44ZZC

Repeal the section, substitute:

44ZZC Register of access undertakings and access codes

(1) The Commission must maintain a public register that includes all access undertakings and access codes that have been accepted by the Commission, including those that are no longer in operation.

(2) The register must include all variations of access undertakings and access codes.

6 After section 44ZZN

Insert:

44ZZNA Operation of Parts IV and VII not affected by this Part

This Part does not affect the operation of Parts IV and VII.

 

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