Document ID: chunk:federal_register_of_legislation:C2023C00417:section:49:p2
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 49 (pt 2/2)
Character Range: 86976–89002

supplied, by NBN corporations;
 (i) retail prices of services supplied using the national broadband network;
 (j) restriction of the investment activities of NBN corporations;
 (k) geographical coverage of the national broadband network;
 (l) technology used in connection with the national broadband network;
 (m) the need for maintenance, replacement and upgrading of technology used in connection with the national broadband network;
 (n) any other matters specified in a written determination made by the Productivity Minister;
 (o) such other matters (if any) as the Productivity Commission considers relevant.
 (5) Subsection (4) of this section has effect in addition to section 8 of the Productivity Commission Act 1998.
 (6) Before making a determination under paragraph (4)(n), the Productivity Minister must consult:
 (a) the Communications Minister; and
 (b) the Finance Minister.
 (7) A determination under paragraph (4)(n) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

Assumptions in report
 (8) If, in arriving at a conclusion set out in its report on the inquiry, the Productivity Commission made, or had regard to, a particular assumption:
 (a) the report must set out that assumption; and
 (b) if making, or having regard to, an alternative plausible assumption would have had a particular effect on that conclusion—the report must set out that effect.

Substantial degree of power in telecommunications market
 (9) For the purposes of this section, the question of whether an NBN corporation has a substantial degree of power in a telecommunications market is to be determined under Part XIB of the Competition and Consumer Act 2010.

Matters relating to industry, industry development and productivity
 (10) For the purposes of paragraph 6(1)(a) of the Productivity Commission Act 1998, each matter mentioned in subsection (2) of this section is taken to be a matter relating to industry, industry development and productivity.