Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152bcb:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152BCB (pt 2/3)
Character Range: 1914966–1917804

are, or will be, applicable to a carrier or carriage service provider.
 (3A) If a final migration plan is in force and imposes obligations or prohibitions on a designated Telstra successor company, the Commission must not make an access determination that would have the effect of requiring the designated Telstra successor company to engage in conduct in connection with matters covered by the final migration plan.
 (3B) The Commission must not make an access determination that would have the effect of:
 (a) requiring an NBN corporation to engage in conduct that is inconsistent with conduct authorised under subsection 151DA(2) or (3) for the purposes of subsection 51(1); or
 (b) preventing an NBN corporation from giving a refusal that is authorised under subsection 151DA(3) for the purposes of subsection 51(1).
 (3C) The Commission must not make an access determination that would have the effect of preventing an NBN corporation from engaging in conduct that is reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities.
 (3D) In subsection (3C), eligible services, uniform national pricing and utilities have the same meaning as in section 151DA.
 (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.
 (4A) The Commission must not make an access determination that:
 (a) relates to any or all of the category B standard access obligations applicable to an NBN corporation; and
 (b) has the effect (whether direct or indirect) of discriminating between access seekers.
Note: For explanatory material, see section 152CJH.
 (4B) Subsection (4A) does not prevent discrimination against an access seeker if the Commission has reasonable grounds to believe that the access seeker would fail, to a material extent, to comply with the terms and conditions on which the NBN corporation complies, or on which the NBN corporation is reasonably likely to comply, with the relevant obligation.
 (4C) Examples of grounds for believing as mentioned in subsection (4B) include:
 (a) evidence that the access seeker is not creditworthy; and
 (b) repeated failures by the access seeker to comply with the terms and conditions on which the same or