Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_59
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 59
Character Range: 50332–51374

59  After subsection 152BCB(4)
Insert:
 (4A) The Commission must not make an access determination that:
 (a) relates to any or all of the category B standard access obligations applicable to an NBN corporation; and
 (b) has the effect (whether direct or indirect) of discriminating between access seekers.
Note: For explanatory material, see section 152CJH.
 (4B) Subsection (4A) does not prevent discrimination against an access seeker if the Commission has reasonable grounds to believe that the access seeker would fail, to a material extent, to comply with the terms and conditions on which the NBN corporation complies, or on which the NBN corporation is reasonably likely to comply, with the relevant obligation.
 (4C) Examples of grounds for believing as mentioned in subsection (4B) include:
 (a) evidence that the access seeker is not creditworthy; and
 (b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided (whether or not by the NBN corporation).