Commonwealth Consolidated Acts

NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - SECT 86

  (1)   An NBN corporation must not, either alone or together with one or more other persons, enter into, begin to carry out or carry out a scheme if it would be concluded that the NBN corporation did so for the sole or dominant purpose of avoiding the application of any provision of this Act in relation to:

  (a)   the NBN corporation; or

  (b)   any other NBN corporation.

  (2)   A contravention of subsection   (1) is not an offence. However, a contravention of subsection   (1) is a ground for obtaining an injunction under Part   6.

  (3)   A contravention of subsection   (1) does not affect the validity of any transaction.

  (4)   In this section:

"scheme" means:

  (a)   any agreement, arrangement, understanding, promise or undertaking, whether express or implied; and

  (b)   any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.