Commonwealth Consolidated Acts

NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - SECT 3

  (1)   The main objects of this Act, when read together with Part   XIC of the Competition and Consumer Act 2010 , are as follows:

  (a)   to provide a regulatory framework for NBN corporations that promotes the long - term interests of end - users of carriage services or of services provided by means of carriage services;

  (b)   to ensure that NBN Co remains in Commonwealth ownership until the following events have occurred:

  (i)   the Communications Minister has declared that, in his or her opinion, the national broadband network should be treated as built and fully operational;

  (ii)   the Productivity Minister has caused to be tabled in both Houses of Parliament a report of an inquiry by the Productivity Commission;

  (iii)   the Parliamentary Joint Committee on the Ownership of NBN Co has examined the Productivity Commission's report;

  (iv)   the Finance Minister has declared that, in his or her opinion, conditions are suitable for the entering into and carrying out of an NBN Co sale scheme, and the declaration has taken effect;

  (c)   to provide a framework for restrictions on private ownership or control of NBN Co.

Note 1:   Clause   1 of Schedule   1 provides that each of the following is an NBN corporation :

(a)   NBN Co;

(b)   NBN Tasmania;

(c)   a company over which NBN Co is in a position to exercise control.

Note 2:   For long - term interests of end - users of carriage services or of services provided by means of carriage services, see section   94.

  (2)   The other objects of this Act, when read together with Part   XIC of the Competition and Consumer Act 2010 , are as follows:

  (a)   to ensure that the supply of an eligible service by an NBN corporation is on a wholesale basis;

  (b)   to ensure that an NBN corporation does not supply a content service;

  (c)   to ensure that an NBN corporation does not supply a non - communications service;

  (d)   to ensure that an NBN corporation does not supply goods that are not for use in connection with the supply of an eligible service by the NBN corporation;

  (e)   to restrict the investment activities of NBN corporations;

  (f)   to provide a framework for the functional separation of NBN corporations;

  (g)   to provide a framework for the divestiture of assets of NBN corporations;

  (h)   to ensure that an NBN corporation provides open access to eligible services on a non - discriminatory basis.