Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_152bda:p2
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 152BDA (pt 2/2)
Character Range: 213837–215173

are, or will be, applicable to a carrier or carriage service provider.
 (3A) If a final migration plan is in force, the Commission must not make binding rules of conduct 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 binding rules of conduct that have the effect of depriving a person (the second person) of a pre‑rules right to require the carrier or provider to provide access to the declared service to the second person, the rules 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) Binding rules of conduct are of no effect to the extent to which they contravene subsection (1), (3) or (3A).
 (6) In this section:
pre‑rules right means a right under a contract that was in force immediately before the binding rules of conduct came into force.
protected contractual right means a right under a contract that was in force at the beginning of 13 September 1996.