(1) For the purposes of this Part, designated carriage service means:
(a) if a carriage service is specified in an instrument under subsection (2)--that carriage service; or
(b) otherwise--a Layer 2 bitstream service.
(2) The ACCC may, by legislative instrument, specify a carriage service for the purposes of paragraph (1)(a).
(3) The ACCC must not specify a carriage service under subsection (2) unless:
(a) the carriage service enables end - users to download communications; and
(b) the download transmission speed of the carriage service is normally 25 megabits per second or more; and
(c) the carriage service is supplied using a line to premises occupied or used by an end - user; and
(d) there is in force a declaration under subsection 152AL(3) of the Competition and Consumer Act 2010 that relates to the carriage service.