Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_106
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 106
Character Range: 125992–127276

106  Before subsection 152BDA(5)
Insert:
 (4G) The Commission must not make binding rules of conduct that:
 (a) relate to a declared service that is:
 (i) a Layer 2 bitstream service; and
 (ii) supplied using a designated superfast telecommunications network; and
 (iii) supplied by a carrier (other than an NBN corporation) or a carriage service provider (other than an NBN corporation); and
 (b) have the effect (whether direct or indirect) of discriminating between access seekers.
Note: For explanatory material, see section 152CJH.
 (4H) Subsection (4G) 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 carrier or carriage service provider complies, or on which the carrier or carriage service provider is reasonably likely to comply, with the relevant obligation.
 (4J) Examples of grounds for believing as mentioned in subsection (4H) 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 similar access has been provided (whether or not by the carrier or carriage service provider).