Competition and Consumer Act 2010

The following is a simplified outline of this Part:

• This Part sets up a special regime for regulating anti‑competitive conduct in the telecommunications industry. The regime applies in addition to Part IV.

• The Part sets out the circumstances in which carriers and carriage service providers are said to engage in anti‑competitive conduct.

• A carrier or carriage service provider must not engage in anti‑competitive conduct. This rule is called the competition rule.

• The Commission may issue a notice stating that a specified carrier or carriage service provider has engaged, or is engaging, in anti‑competitive conduct. The notice is called a Part A competition notice.

• Proceedings for the enforcement of the competition rule (other than proceedings for injunctive relief) must not be instituted unless the alleged conduct is of a kind dealt with in a Part A competition notice that was in force at the time when the alleged conduct occurred.

• The Commission may issue a notice stating that a specified carrier or carriage service provider has contravened, or is contravening, the competition rule. The notice is called a Part B competition notice.

• A Part B competition notice is prima facie evidence of the matters in the notice.

• The Commission may make an order exempting specified conduct from the scope of the definition of anti‑competitive conduct. The order is called an exemption order.

• The Commission may make record‑keeping rules that apply to carriers and carriage service providers.

• Carriers and carriage service providers may be directed by the Commission to make certain reports available. The direction is called a disclosure direction.