Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152ab:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152AB (pt 1/2)
Character Range: 1840414–1843246

152AB  Object of this Part

Object
 (1) The object of this Part is to promote the long‑term interests of end‑users of carriage services or of services provided by means of carriage services.

Promotion of the long‑term interests of end‑users
 (2) For the purposes of this Part, in determining whether a particular thing promotes the long‑term interests of end‑users of either of the following services (the listed services):
 (a) carriage services;
 (b) services supplied by means of carriage services;
regard must be had to the extent to which the thing is likely to result in the achievement of the following objectives:
 (c) the objective of promoting competition in markets for listed services;
 (d) the objective of achieving any‑to‑any connectivity in relation to carriage services that involve communication between end‑users;
 (e) the objective of encouraging the economically efficient use of, and the economically efficient investment in:
 (i) the infrastructure by which listed services are supplied; and
 (ii) any other infrastructure by which listed services are, or are likely to become, capable of being supplied.

Subsection (2) limits matters to which regard may be had
 (3) Subsection (2) is intended to limit the matters to which regard may be had.

Promoting competition
 (4) In determining the extent to which a particular thing is likely to result in the achievement of the objective referred to in paragraph (2)(c), regard must be had to the extent to which the thing will remove obstacles to end‑users of listed services gaining access to listed services.

Subsection (4) does not limit matters to which regard may be had
 (5) Subsection (4) does not, by implication, limit the matters to which regard may be had.

Encouraging efficient use of infrastructure etc.
 (6) In determining the extent to which a particular thing is likely to result in the achievement of the objective referred to in paragraph (2)(e), regard must be had to the following matters:
 (a) whether it is, or is likely to become, technically feasible for the services to be supplied and charged for, having regard to:
 (i) the technology that is in use, available or likely to become available; and
 (ii) whether the costs that would be involved in supplying, and charging for, the services are reasonable or likely to become reasonable; and
 (iii) the effects, or likely effects, that supplying, and charging for, the services would have on the operation or performance of telecommunications networks;
 (b) the legitimate commercial interests of the supplier or suppliers of the services, including the ability of the supplier or suppliers to exploit economies of scale and scope;
 (c) the incentives for investment in:
 (i) the infrastructure by which the services are supplied; and
 (ii) any other infrastructure by which the services