Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_208:p1
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 208 (pt 1/2)
Character Range: 262002–264743

208  Transitional—compliance with standard access obligations
(1) This item applies if:
 (a) a carrier or carriage service provider is required to comply with any or all of the standard access obligations; and
 (b) either:
 (i) an ordinary access undertaking given by the carrier or carriage service provider is in operation, and the undertaking specifies any or all of the terms and conditions on which the carrier or carriage service provider is to comply with any of the standard obligations; or
 (ii) a determination made by the Commission under Division 8 of Part XIC of the Competition and Consumer Act 2010 is in force, and the determination specifies any or all of the terms and conditions on which the carrier or carriage service provider is to comply with any of the standard obligations.
(2) The carrier or carriage service provider must comply with the obligations mentioned in paragraph (1)(a):
 (a) if an access agreement between:
 (i) the carrier or carriage service provider, as the case requires; and
 (ii) the access seeker;
  is in operation and specifies terms and conditions about a particular matter—on such terms and conditions relating to that matter as are set out in the agreement; or
 (b) if:
 (i) paragraph (a) does not apply in relation to terms and conditions about a particular matter; and
 (ii) an access undertaking given by the carrier or carriage service provider is in operation, and the undertaking specifies terms and conditions about that matter—on such terms and conditions relating to that matter as are set out in the undertaking; or
 (c) if:
 (i) neither paragraph (a) nor (b) applies to terms and conditions about a particular matter; and
 (ii) binding rules of conduct specify terms and conditions about that matter;
  on such terms and conditions relating to that matter as are set out in the binding rules of conduct; or
 (d) if:
 (i) none of the above paragraphs applies to terms and conditions about a particular matter; and
 (ii) a determination made by the Commission under Division 8 of Part XIC of the Competition and Consumer Act 2010 specifies terms and conditions about that matter;
  on such terms and conditions relating to that matter as are set out in the determination; or
 (e) if:
 (i) none of the above paragraphs applies to terms and conditions about a particular matter; and
 (ii) an access determination specifies terms and conditions about that matter;
  on such terms and conditions relating to that matter as are set out in the access determination.
Note 1: Subitems 204(5), 205(6) and 207(5) to (11) of this Schedule, and sections 152BCC, 152BDB, 152BDE, 152CBIA, 152CBIB, 152CBIC and 152CGB of the Competition and Consumer Act 2010, which deal with inconsistency, should