Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 142C

Scope

  (1)   This section applies to a local access line if:

  (a)   the line is part of the infrastructure of a telecommunications network in Australia; and

  (b)   the network is not the national broadband network; and

  (c)   the line is used, or proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia; and

  (d)   either:

  (i)   the line came into existence on or after the designated commencement date; or

  (ii)   the line was altered or upgraded on or after the designated commencement date, and as a result of the alteration or upgrade, the line became capable of being used to supply a superfast carriage service to residential customers in Australia.

Note 1:   See also section   156A (certain lines deemed to have come into existence on or after the designated commencement date).

Note 2:   See also section   158A (certain line extensions deemed to be local access lines in their own right, and to have come into existence on or after the designated commencement date).

Note 3:   For exemptions, see sections   143A to 151.

Use of line

  (2)   If a person (the first person ):

  (a)   is in a position to exercise control of the line; or

  (b)   is an associate of a person who is in a position to exercise control of the line;

the first person must not, on or after the designated commencement date, use the line, either alone or jointly with one or more other persons, to supply an eligible service unless the service is supplied to:

  (c)   a carrier; or

  (d)   a service provider.

Note:   For when a person is in a position to exercise control of a line, see section   155A.

  (3)   Subsection   (2) does not apply to the use of the line if a functional separation undertaking given by the first person is in force, unless:

  (a)   the ACCC has given a notice under section   151W revoking the undertaking; and

  (b)   the revocation has not taken effect; and

  (c)   the line came into existence after the notice was given.

Note 1:   A functional separation undertaking relates to the supply of eligible services using a local access line, irrespective of when the line came into existence.

Note 2:   See also section   142B.

Ancillary contraventions

  (4)   A person must not:

  (a)   aid, abet, counsel or procure a contravention of subsection   (2); or

  (b)   induce, whether by threats or promises or otherwise, a contravention of subsection   (2); or

  (c)   be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection   (2); or

  (d)   conspire with others to effect a contravention of subsection   (2).

Civil penalty provisions

  (5)   Subsections   (2) and (4) are civil penalty provisions .

Note:   Part   31 provides for pecuniary penalties for breaches of civil penalty provisions.