Trade Practices Amendment (Industry Access Codes) Act 1997

No. 28, 1997

An Act to amend the Trade Practices Act 1974, and for related purposes

Contents

1............ Short title............................................................................................

2............ Commencement..................................................................................

3............ Schedule(s)..........................................................................................

Schedule 1—Amendments                                                                                                

Trade Practices Act 1974                                                                                          

Trade Practices Amendment (Industry Access Codes) Act 1997

No. 28, 1997

An Act to amend the Trade Practices Act 1974, and for related purposes

[Assented to 10 April 1997]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Trade Practices Amendment (Industry Access Codes) Act 1997.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Trade Practices Act 1974

1  Section 44B

Insert:

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

2  Subsection 44ZZA(1)

Repeal the subsection, substitute:

             (1)  A person who is, or expects to be, the provider of a service may give a written undertaking to the Commission in connection with the provision of access to the service.

Note:          The following are examples of the kinds of things that might be dealt with in the undertaking:

(a)           terms and conditions of access to the service;

(b)           procedures for determining terms and conditions of access to the service;

(c)           an obligation on the provider not to hinder access to the service;

(d)           an obligation on the provider to implement a particular business structure;

(e)           an obligation on the provider to provide information to the Commission or to another person;

(f)            an obligation on the provider to comply with decisions of the Commission or another person in relation to matters specified in the undertaking;

(g)           an obligation on the provider to seek a variation of the undertaking in specified circumstances.

3  After paragraph 44ZZA(3)(d)

Insert:

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

4  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.

5  After subsection 44ZZA(6)

Insert:

          (6A)  If the undertaking provides for the Commission to make decisions, then the Commission must make decisions in accordance with the undertaking.

6  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.

7  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.

8  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.