Competition and Consumer Act 2010

The Commission must take the following matters into account in making an access determination:

whether the determination will promote the long‑term interests of end‑users of carriage services or of services supplied by means of carriage services;

the legitimate business interests of a carrier or carriage service provider who supplies, or is capable of supplying, the declared service, and the carrier’s or provider’s investment in facilities used to supply the declared service;

the interests of all persons who have rights to use the declared service;

the direct costs of providing access to the declared service;

the value to a person of extensions, or enhancement of capability, whose cost is borne by someone else;

the operational and technical requirements necessary for the safe and reliable operation of a carriage service, a telecommunications network or a facility;

the economically efficient operation of a carriage service, a telecommunications network or a facility.

If a carrier or carriage service provider who supplies, or is capable of supplying, the declared service supplies one or more other eligible services, then, in making an access determination that is applicable to the carrier or provider, as the case may be, the Commission may take into account:

the characteristics of those other eligible services; and

the costs associated with those other eligible services; and

the revenues associated with those other eligible services; and

the demand for those other eligible services.

The Commission may take into account any other matters that it thinks are relevant.

This section does not apply to an interim access determination.

In this section: