Document ID: chunk:federal_register_of_legislation:C2005A00119:clause:11_48:p1
Version: federal_register_of_legislation:C2005A00119
Segment Type: clause
Provision Reference: sch 11 cl 48 (pt 1/2)
Character Range: 40528–43332

48  Aim and objects

Aim

 (1) The aim of this Part is to promote the principles of transparency and equivalence in relation to the supply by Telstra of wholesale eligible services.

Objects

 (2) The objects of this Part are as follows:
 (a) to promote a principle of equivalence in relation to the supply by Telstra of designated services to:
 (i) Telstra's wholesale customers; and
 (ii) Telstra's retail business units;
 (b) to require Telstra to maintain the following business units:
 (i) one or more wholesale business units;
 (ii) one or more retail business units;
 (iii) one or more key network services business units;
 (c) to promote a substantial degree of organisational and operational separation between:
 (i) Telstra's wholesale business units (considered as a group); and
 (ii) Telstra's retail business units (considered as a group); and
 (iii) Telstra's key network services business units (considered as a group);
 (d) to promote responsiveness by Telstra in meeting its wholesale customers' needs in relation to eligible services;
 (e) to require Telstra to have a plan (to be known as the final operational separation plan) to achieve the aim and other objects of this Part;
 (f) to ensure that Telstra has systems, procedures and processes that promote and facilitate:
 (i) compliance with the final operational separation plan; and
 (ii) monitoring of, and reporting on, compliance with the plan; and
 (iii) the development of performance measures relating to compliance with the plan; and
 (iv) audit, and other checks, of compliance with the plan;
 (g) to ensure that the achievement of:
 (i) the aim of this Part; and
 (ii) any of the above objects;
  does not impair Telstra's ability to compete on a fair and efficient basis.

 (3) In determining the principle of equivalence covered by paragraph (2)(a), regard must be had to:
 (a) terms and conditions relating to price or a method of ascertaining price; and
 (b) other terms and conditions.

 (4) Subclause (3) does not limit the matters to which regard may be had.

 (5) In determining, for the purposes of paragraph (2)(d), the needs of Telstra's wholesale customers in relation to eligible services, regard must be had to the following needs:
 (a) the need for those customers to be supplied by Telstra with eligible services on a basis that allows fair competition with eligible services supplied by Telstra's retail business units;
 (b) the need for disputes between those customers and Telstra about eligible services to be resolved in a fair and timely manner;
 (c) the need for confidentiality in relation to eligible services supplied by Telstra to those customers;
 (d) the need to be kept informed of relevant issues and developments in connection with:
 (i) Telstra's network, in so far as it relates to the