Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if a person gives the Commission a special access undertaking relating to a service.
(2) The Commission must not accept the undertaking unless:
(a) if paragraph 152CBA(1)(a) applies--the Commission is satisfied that:
(i) the terms and conditions referred to in paragraph 152CBA(3)(b) would be consistent with the obligations referred to in paragraph 152CBA(3)(a); and
(ii) those terms and conditions are reasonable; and
(b) if paragraph 152CBA(1)(b) applies--the Commission is satisfied that:
(i) the terms and conditions referred to in subsection 152CBA(3A) would be consistent with the obligations referred to in section 152AXB; and
(ii) those terms and conditions are reasonable; and
(c) the Commission is satisfied that the undertaking is consistent with any Ministerial pricing determination; and
(ca) if subsection 152CBA(3B) applies--the Commission is satisfied that:
(i) the conduct referred to in paragraph 152CBA(3B)(a) will promote the long - term interests of end - users of carriage services or of services supplied by means of carriage services; and
(ii) the terms and conditions referred to in paragraph 152CBA(3B)(b) are reasonable; and
(cb) if subsection 152CBA(3C) applies--the Commission is satisfied that the conduct specified in accordance with that subsection will promote the long - term interests of end - users of carriage services or of services supplied by means of carriage services; and
(d) the Commission has:
(i) published the undertaking and invited people to make submissions to the Commission on the undertaking; and
(ii) considered any submissions that were received within the time limit specified by the Commission when it published the undertaking.
Note: Section 152AH contains a list of matters to be taken into account in determining whether terms and conditions are reasonable.
(3) Subsection (2) has effect subject to subsection 152CBAA(5) (fixed principles terms and conditions).
(4) If the undertaking provides that a term or condition specified in the undertaking is a fixed principles term or condition for a period that, under the undertaking, is expressed to be the notional fixed period for the fixed principles term or condition, the Commission must refuse to accept the undertaking if the Commission considers that:
(a) the fixed principles term or condition should not be a fixed principles term or condition; or
(b) that notional fixed period should not be the notional fixed period for the fixed principles term or condition; or
(c) if the undertaking provides that one or more specified circumstances are qualifying circumstances in relation to the fixed principles term or condition--any of the qualifying circumstances should not be qualifying circumstances in relation to the fixed principles term or condition; or
(d) if the undertaking does not provide that particular circumstances are qualifying circumstances in relation to the fixed principles term or condition--those circumstances should be qualifying circumstances in relation to the fixed principles term or condition.
(5) Subsection (4) has effect subject to subsection 152CBAA(5) (fixed principles terms and conditions).
(5A) If:
(a) the undertaking contains price - related terms and conditions relating to the supply of a service; and
(b) the price - related terms and conditions are reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities;
then:
(c) the Commission must not reject the undertaking for a reason that concerns the price - related terms and conditions; and
(d) paragraph (2)(b) does not apply to the price - related terms and conditions.
(5B) In subsection (5A), eligible services , price - related terms and conditions , uniform national pricing and utilities have the same meaning as in section 151DA.
(5C) If a refusal is authorised under subsection 151DA(2) or (3) for the purposes of subsection 51(1):
(a) the Commission must not reject the undertaking for a reason that concerns that refusal; and
(b) paragraph (2)(b) of this section does not apply to that refusal.
(6) If a special access undertaking is given to the Commission in response to a notice under section 152CBDA, the Commission is not required to publish the undertaking under paragraph (2)(d) of this section unless the Commission is satisfied that:
(a) the variations specified in the notice are not of a minor nature; or
(b) the variations specified in the notice are likely to have a material adverse effect on the legitimate commercial interests of any person.