Document ID: chunk:federal_register_of_legislation:C2023C00417:section:41
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 41
Character Range: 75677–77384

41  Conditions about supply of carriage services by NBN corporations

Mandatory services
 (1) A condition of a carrier licence held by an NBN corporation may require the NBN corporation to comply with section 152CJB of the Competition and Consumer Act 2010 in relation to a specified eligible service that is supplied, or is capable of being supplied, by the NBN corporation (whether to itself or other persons).
Note 1: This means that the service will become a declared service, and the NBN corporation will be subject to a standard access obligation to supply the service under section 152AXB of the Competition and Consumer Act 2010.
Note 2: For declaration of carrier licence conditions, see section 63 of the Telecommunications Act 1997.
Note 3: For specification by class, see subsection 13(3) of the Legislation Act 2003.
 (2) A condition covered by subsection (1) has no effect in relation to an eligible service if, immediately before the time when the condition comes into force, the service, to the extent that it is capable of being supplied by the NBN corporation concerned, is a declared service.

Prohibited services
 (3) A condition of a carrier licence held by an NBN corporation may prohibit the NBN corporation from supplying a specified carriage service to carriers or service providers.
Note 1: For declaration of carrier licence conditions, see section 63 of the Telecommunications Act 1997.
Note 2: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Power to declare carrier licence conditions not limited
 (4) Subsections (1) and (3) do not, by implication, limit the conditions that may be declared under section 63 of the Telecommunications Act 1997.