Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 152BDAA

  (1)   The Commission must take the following matters into account in making binding rules of conduct:

  (a)   whether the binding rules of conduct will promote the long - term interests of end - users of carriage services or of services supplied by means of carriage services;

  (b)   the legitimate business interests of a carrier or carriage service provider who supplies, or is capable of supplying, the declared service, and the carrier's or provider's investment in facilities used to supply the declared service;

  (c)   the interests of all persons who have rights to use the declared service;

  (d)   the direct costs of providing access to the declared service;

  (e)   the value to a person of extensions, or enhancement of capability, whose cost is borne by someone else;

  (f)   the operational and technical requirements necessary for the safe and reliable operation of a carriage service, a telecommunications network or a facility;

  (g)   the economically efficient operation of a carriage service, a telecommunications network or a facility.

  (2)   If a carrier or carriage service provider who supplies, or is capable of supplying, the declared service supplies one or more other eligible services, then, in making binding rules of conduct that are applicable to the carrier or provider, as the case may be, the Commission may take into account:

  (a)   the characteristics of those other eligible services; and

  (b)   the costs associated with those other eligible services; and

  (c)   the revenues associated with those other eligible services; and

  (d)   the demand for those other eligible services.

  (3)   The Commission may take into account any other matters that it thinks are relevant.

  (4)   The Commission is not required by subsection   (1) or (2) to take a matter into account if it is not reasonably practicable for the Commission to do so, having regard to the urgent need to make the binding rules of conduct.

  (5)   For the purposes of taking a particular matter into account under this section, the Commission is not required to obtain information, or further information, that is not already in the possession of the Commission if it is not reasonably practicable for the Commission to do so, having regard to the urgent need to make the binding rules of conduct.

  (6)   In this section:

"eligible service" has the same meaning as in section   152AL.