Document ID: chunk:federal_register_of_legislation:C2023C00086:clause:4_581y:p2
Version: federal_register_of_legislation:C2023C00086
Segment Type: clause
Provision Reference: sch 4 cl 581Y (pt 2/2)
Character Range: 122038–123797

force; and
 (e) the person had the right under the contract.
 (6) For the purposes of this section, in determining whether the carrier's request is reasonable, regard must be had to the question whether compliance with the request will promote the long‑term interests of end‑users of carriage services or of services supplied by means of carriage services. That question is to be determined in the same manner as it is determined for the purposes of Part XIC of the Competition and Consumer Act 2010.
 (7) Subsection (6) is intended to limit the matters to which regard may be had.
 (8) For the purposes of subsection (1), if:
 (a) there is an agreement in force between Telstra or a designated Telstra successor company and an NBN corporation; and
 (b) the agreement relates to the NBN corporation's access to facilities owned or operated by Telstra or the designated Telstra successor company; and
 (c) apart from this section, the agreement would result in the NBN corporation being the operator of the facilities;
the NBN corporation is taken not to be the operator of the facilities.
 (9) A reference in this section to a facility is a reference to:
 (a) a facility as defined by section 7; or
 (b) land on which a facility mentioned in paragraph (a) is located; or
 (c) a building or structure on land referred to in paragraph (b); or
 (d) customer equipment, or customer cabling, connected to a telecommunications network owned or operated by a carrier.
 (10) A carrier is not entitled to make a request under subsection (1) of this section before the end of the 60‑day period beginning on the day after the day specified in the instrument made under subsection 581ZH(3).
 (11) In this section:
NBN corporation has the same meaning as in section 577BA.