Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this section, an international telecommunications operator engages in unacceptable conduct if, and only if:
(a) the operator uses, in a manner that is, or is likely to be, contrary to the national interest, the operator's power in a market for:
(i) carriage services; or
(ii) goods or services for use in connection with the supply of carriage services; or
(iii) the installation of, maintenance of, operation of, or provision of access to, telecommunications networks or facilities; or
(b) the operator uses, in a manner that is, or is likely to be, contrary to the national interest, any legal rights or legal status that the operator has because of foreign laws that relate to:
(i) carriage services; or
(ii) goods or services for use in connection with the supply of carriage services; or
(iii) the installation of, maintenance of, operation of, or provision of access to, telecommunications networks or facilities; or
(c) the operator engages in any other conduct that is, or is likely to be, contrary to the national interest.
(2) With a view to preventing, mitigating or remedying unacceptable conduct engaged in by international telecommunications operators, the Minister may, by written instrument, make Rules of Conduct:
(a) prohibiting or regulating dealings by either or both of the following:
(i) carriers;
(ii) carriage service providers;
with such operators and with other persons; or
(b) authorising the ACCC to make written determinations of a legislative character, where the determination imposes requirements, prohibitions or restrictions on either or both of the following:
(i) carriers;
(ii) carriage service providers; or
(c) authorising the ACCC to give either or both of the following:
(i) carriers;
(ii) carriage service providers;
written directions of an administrative character, where the direction imposes a requirement, prohibition or restriction on the carrier or provider, as the case requires; or
(d) requiring:
(i) carriers; and
(ii) carriage service providers;
to comply with:
(iii) a determination mentioned in paragraph (b); or
(iv) a direction mentioned in paragraph (c); or
(e) authorising the ACCC to make information available to:
(i) the public; or
(ii) a specified class of persons; or
(iii) a specified person;
if, in the opinion of the ACCC, the disclosure of the information:
(iv) would promote the fair and efficient operation of a market; or
(v) would otherwise be in the national interest.
(3) Before the ACCC makes a determination, or gives a direction, under the Rules of Conduct, the ACCC must consult the ACMA.
(4) Rules of Conduct are legislative instruments.
(5) A determination mentioned in paragraph (2)(b) is a legislative instrument.
(6) For the purposes of this section, if a person carries on activities outside Australia that involve:
(a) the supply of a carriage service specified in paragraph 16(1)(b) or (c); or
(b) the supply of goods or services for use in connection with the supply of a carriage service specified in paragraph 16(1)(b) or (c); or
(c) the installation of, maintenance of, operation of or provision of access to:
(i) a telecommunications network; or
(ii) a facility;
where the network or facility is used to supply a carriage service specified in paragraph 16(1)(b) or (c);
the person is an international telecommunications operator .
(7) In this section:
"engaging in conduct" has the same meaning as in the Competition and Consumer Act 2010 .
"foreign law" means a law of a place outside Australia.
"international telecommunications operator" has the meaning given by subsection (6).