Document ID: chunk:federal_register_of_legislation:C2024C00742:section:367:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 367 (pt 1/2)
Character Range: 898672–901576

367  Rules of conduct about dealings with international telecommunications operators
 (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