Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:2_143a:p2
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 2 cl 143A (pt 2/3)
Character Range: 37201–40099

wholesale customers, in relation to the supply of designated carriage services;
 (c) the person must not discriminate in favour of itself in relation to the supply of designated carriage services;
 (d) the person must not, in carrying on any of the following activities, discriminate between the person's wholesale customers or the person's prospective wholesale customers:
 (i) developing a new eligible service;
 (ii) enhancing an eligible service;
 (iii) extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;
 (iv) planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;
 (v) an activity that is preparatory to the supply of an eligible service;
 (vi) an activity that is ancillary or incidental to the supply of an eligible service;
 (vii) giving information to service providers about any of the above activities;
 (e) the person must not discriminate in favour of itself in relation to the carrying on of any of the following activities:
 (i) developing a new eligible service;
 (ii) enhancing an eligible service;
 (iii) extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;
 (iv) planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;
 (v) an activity that is preparatory to the supply of an eligible service;
 (vi) an activity that is ancillary or incidental to the supply of an eligible service;
 (vii) giving information to service providers about any of the above activities;
 (f) such other conditions and limitations as are specified in the determination.
Note 1: For compliance with conditions and limitations, see section 143B.
Note 2: For judicial enforcement of conditions and limitations, see section 143C.
 (4) The rule in paragraph (3)(b) does not prevent discrimination against a wholesale customer, or prospective wholesale customer, if the person has reasonable grounds to believe that the wholesale customer or prospective wholesale customer would fail, to a material extent, to comply with the terms and conditions on which the person supplies designated carriage services.
 (5) Examples of grounds for believing as mentioned in subsection (4) include:
 (a) evidence that the wholesale customer or prospective wholesale customer is not creditworthy; and
 (b) repeated failures by the wholesale customer or prospective wholesale customer to comply with the terms and conditions on which the person supplied eligible services (whether or not using the line).
 (6) A determination under subsection (1) or (2) must not specify a condition or limitation of a kind specified in a determination under subsection (7).
 (7) The Minister may, by legislative instrument,