Document ID: chunk:federal_register_of_legislation:C2024C00742:section:151zh:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 151ZH (pt 1/3)
Character Range: 378432–381117

151ZH  Statement about the differences between an access agreement and an offer etc.
 (1) If:
 (a) an access agreement is entered into by a person on or after the designated commencement date; and
 (b) the eligible service to which the access agreement relates is an eligible service supplied, or proposed to be supplied, by the person using a local access line; and
 (c) any of the following conditions is satisfied:
 (i) section 142C applies to the line;
 (ii) section 143 applies to the line;
 (iii) neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line; and
 (d) immediately before the access agreement was entered into, there was published on the person's website:
 (i) the terms and conditions relating to price or a method of ascertaining price; or
 (ii) other terms and conditions;
  on which the person offers to supply eligible services using the line; 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 offer;
the person must, within 5 business days after the day on which the access agreement was entered into, publish on the person's website a statement, in a form approved in writing by the ACCC:
 (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 offer; and
 (h) setting out such other information (if any) about the access agreement as is required by the form.
Note: For access agreement, see subsection (5).

Variation agreement
 (2) If:
 (a) a variation agreement is entered into by a person on or after the designated commencement date; and
 (b) the eligible service to which the relevant access agreement relates is an eligible service supplied, or proposed to be supplied, by the person using a local access line; and
 (c) any of the following conditions is satisfied:
 (i) section 142C applies to the line;
 (ii) section 143 applies to the line;
 (iii) neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line; and
 (d) immediately before the variation agreement was entered into, there was published on the person's website:
 (i) the terms and conditions relating to price or a method of ascertaining price; or
 (ii) other terms and conditions;
  on which the person offers to supply eligible services using the line; and
 (e)