Document ID: chunk:federal_register_of_legislation:F2024C00033:reg:1:p1
Version: federal_register_of_legislation:F2024C00033
Segment Type: reg
Provision Reference: reg 1 (pt 1/2)
Character Range: 2020–5148

1  Name

         This is the Telecommunications (Deemed Functional Separation Undertaking) Determination 2020.

       3  Authority

         This Determination is made under subsections 151A(13) and 151B(1) of the Telecommunications Act 1997.

            4  Definitions

         In this Determination, unless the contrary intention appears:

         Act means the Telecommunications Act 1997.

         corporation has the meaning given by section 142A of the Act.

         customer interface has the meaning given by section 142A of the Act.

         fundamental provision has the meaning given by subsection 151A(9) of the Act.

         local access line has the meaning given by section 158 of the Act.

         local access line service has the meaning given by section 142A of the Act.

         protected information means:

          (a)   confidential or commercially sensitive information relating to a wholesale customer (other than the retail business unit), or a customer of a wholesale customer, and which the wholesale business unit obtains for the purpose of, or in the course of, supplying services to that wholesale customer;

          (b)   confidential or commercially sensitive information, other than that of a kind referred to in section 9, which the retail business unit obtains from a carrier or a carriage service provider (other than the wholesale business unit) for the purpose of, or in the course of, acquiring services from that carrier or carriage service provider; or

          (c)   information of the kind referred to in subsections 7(8), 7(9), 7(10) and 7(11).

         residential customer has a meaning affected by section 161 of the Act.

         retail business unit has the meaning given by section 142A of the Act.

         retail customer has the meaning given by section 142A of the Act.

         standard functional separation undertaking means an undertaking under section 151A of the Act.

         superfast carriage service has the meaning given by section 142A of the Act.

          wholesale business unit has the meaning given by section 142A of the Act.

          wholesale customer has the meaning given by section 142A of the Act.

         worker has the meaning given by section 142A of the Act.

            Note: A number of other terms used in this instrument are defined in the Act, including:
             * ACCC;
             * carrier; and
             * carriage service provider.

            5  References to other instruments

            In this Determination, unless the contrary intention appears:

           (a)   a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

           (b)   a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.

           Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act