Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_152bebf:p1
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 152BEBF (pt 1/2)
Character Range: 130632–133441

152BEBF  Layer 2 bitstream services—carrier or carriage service provider to give the Commission a statement about the differences between an access agreement and an access determination

Access agreement
 (1) If:
 (a) an access agreement is covered by subsection 152BE(1); and
 (b) the declared service to which the agreement relates is a Layer 2 bitstream service supplied using a designated superfast telecommunications network; and
 (c) the carrier or carriage service provider who supplies, or proposes to supply, the declared service is not an NBN corporation; and
 (d) immediately before the access agreement was entered into, an access determination relating to access to the service was in force; and
 (e) the terms and conditions set out in the access agreement are not the same as the terms and conditions set out in the access determination;
the carrier or provider must, within 7 days after the day on which the access agreement was entered into, give the Commission a statement, in a form approved in writing by the Commission:
 (f) identifying the parties to the access agreement; and
 (g) describing the differences between the terms and conditions set out in the access agreement and the terms and conditions set out in the access determination; and
 (k) setting out such other information (if any) about the access agreement as is required by the form.

Variation agreement
 (2) If:
 (a) a variation agreement is entered into after the commencement of this section; and
 (b) the declared service to which the relevant access agreement relates is a Layer 2 bitstream service supplied using a designated superfast telecommunications network; and
 (c) the carrier or carriage service provider who supplies, or proposes to supply, the service to which the relevant access agreement relates is not an NBN corporation; and
 (d) immediately before the variation agreement was entered into, an access determination relating to access to the service was in force; and
 (e) the terms and conditions set out in the relevant access agreement (as varied by the variation agreement) are not the same as the terms and conditions set out in the access determination;
the carrier or provider must, within 7 days after the day on which the variation agreement was entered into, give the Commission a statement, in a form approved in writing by the Commission:
 (f) identifying the parties to the relevant access agreement (as varied by the variation agreement); and
 (g) describing the differences between the terms and conditions set out in the relevant access agreement (as varied by the variation agreement) and the terms and conditions set out in the access determination; and
 (k) setting out such other information (if any) about the relevant access agreement (as varied by the variation agreement) as is