Document ID: chunk:federal_register_of_legislation:C2024C00742:section:143a:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 143A (pt 1/3)
Character Range: 289786–292542

143A  Class exemptions

Determination providing for exemption
 (1) The ACCC may, by legislative instrument, determine that, if:
 (a) a person is included in a specified class of persons; and
 (b) the person has, by written notice given to the ACCC, elected to be bound by the determination; and
 (c) the person has not, by written notice given to the ACCC, cancelled the election; and
 (d) in a case where the person is not a member of an associated group—the number of residential customers to whom the person supplies fixed‑line carriage services does not exceed:
 (i) 2,000; or
 (ii) if a higher number (not exceeding 12,000) is specified in the regulations—that higher number; and
 (e) in a case where the person is a member of an associated group—the total number of residential customers to whom the members of the group supply fixed‑line carriage services does not exceed:
 (i) 2,000; or
 (ii) if a higher number (not exceeding 12,000) is specified in the regulations—that higher number;
the person is exempt from section 142C.
Note: For associated group, see subsection (10) of this section.
 (2) The ACCC may, by legislative instrument, determine that, if:
 (a) a person is included in a specified class of persons; and
 (b) the person has, by written notice given to the ACCC, elected to be bound by the determination; and
 (c) the person has not, by written notice given to the ACCC, cancelled the election; and
 (d) in a case where the person is not a member of an associated group—the number of residential customers to whom the person supplies fixed‑line carriage services does not exceed:
 (i) 2,000; or
 (ii) if a higher number (not exceeding 12,000) is specified in the regulations—that higher number; and
 (e) in a case where the person is a member of an associated group—the total number of residential customers to whom the members of the group supply fixed‑line carriage services does not exceed:
 (i) 2,000; or
 (ii) if a higher number (not exceeding 12,000) is specified in the regulations—that higher number;
the person is exempt from section 143.
Note: For associated group, see subsection (10) of this section.
 (3) A determination under subsection (1) or (2) is subject to the following conditions and limitations:
 (a) the person must ensure that a designated carriage service is available for supply to wholesale customers, or prospective wholesale customers, of the person;
 (b) the person must not discriminate between the person's wholesale customers, or the person's prospective 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