Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_143
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 143
Character Range: 91763–93523

143  Supply of eligible services to be on wholesale basis

Scope
 (1) This section applies to a local access line if:
 (a) the local access line is part of the infrastructure of a telecommunications network in Australia; and
 (b) the network is used, or proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and
 (c) the network is not the national broadband network; and
 (d) either:
 (i) the network came into existence on or after 1 January 2011; or
 (ii) the network was altered or upgraded on or after 1 January 2011 and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia.
Note 1: See also section 156 (deemed networks).
Note 2: For exemptions, see sections 144 to 151.

Person in position to exercise control of network
 (2) A person who is in a position to exercise control of the network, or a person who is an associate of such a person, must not use the local access line, either alone or jointly with one or more other persons, to supply an eligible service unless the service is supplied to:
 (a) a carrier; or
 (b) a service provider.
Note 1: For when a person is in a position to exercise control of a network, see section 155.
Note 2: For control of a company, see section 154.

Offence
 (3) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (2); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement.
Penalty: 20,000 penalty units.