Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_152bcb:p2
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 152BCB (pt 2/2)
Character Range: 178707–180224

applicable to a carrier or carriage service provider.
 (3A) If a final migration plan is in force, the Commission must not make an access determination that would have the effect of requiring Telstra to engage in conduct in connection with matters covered by the final migration plan.
 (4) If the Commission makes an access determination that has the effect of depriving a person (the second person) of a pre‑determination right to require the carrier or provider to provide access to the declared service to the second person, the determination must also require the access seeker:
 (a) to pay to the second person such amount (if any) as the Commission considers is fair compensation for the deprivation; and
 (b) to reimburse the carrier or provider and the Commonwealth for any compensation that the carrier or provider or the Commonwealth agrees, or is required by a court order, to pay to the second person as compensation for the deprivation.
 (5) An access determination is of no effect to the extent to which it contravenes subsection (1), (3) or (3A).
 (6) In this section:
pre‑determination right means a right under a contract that was in force:
 (a) if the access determination is one of a series of 2 or more successive access determinations—immediately before the first access determination came into force; or
 (b) otherwise—immediately before the access determination came into force.
protected contractual right means a right under a contract that was in force at the beginning of 13 September 1996.