Competition and Consumer Act 2010

For the purposes of this Part, an access agreement is an agreement, where:

the agreement is in writing; and

the agreement is legally enforceable; and

the agreement relates to access to a declared service; and

the parties to the agreement are:

an access seeker; and

the carrier or carriage service provider who supplies, or proposes to supply, the declared service; and

any of the following subparagraphs applies:

the agreement embodies any or all of the terms and conditions on which the carrier or carriage service provider is to comply with any or all of the standard access obligations applicable to the carrier or provider;

if an access determination imposes requirements on a carrier or carriage service provider in relation to access to the declared service, as mentioned in paragraph 152BC(3)(e)—the agreement embodies any or all of the terms and conditions on which the carrier or carriage service provider is to comply with any or all of those requirements;

the agreement embodies any other terms and conditions of the access seeker’s access to the declared service;

the agreement requires the carrier or carriage service provider to comply with any or all of the standard access obligations applicable to the carrier or provider in a manner specified in the agreement;

the agreement requires the carrier or carriage service provider to extend or enhance the capability of a facility by means of which the declared service is supplied;

the agreement imposes other requirements on the carrier or carriage service provider in relation to access to the declared service;

the agreement specifies the terms and conditions on which the carrier or carriage service provider is to comply with any or all of those other requirements;

the agreement requires the access seeker to accept, and pay for, access to the declared service;

the agreement provides that any or all of the obligations referred to in section 152AR are not applicable to the carrier or carriage service provider, either unconditionally or subject to such conditions or limitations as are specified in the agreement;

the agreement restricts or limits the application to the carrier or carriage service provider of any or all of the obligations referred to in section 152AR;

the agreement deals with any other matter relating to access to the declared service.

Paragraph (1)(b) does not apply to the agreement to the extent (if any) to which the agreement is covered by subparagraph (1)(e)(ix) or (x).

If:

an agreement relates to access to an eligible service (within the meaning of section 152AL); and

at the time the agreement was entered into to, the eligible service was a not a declared service; and

at a later time (the declaration time), the eligible service becomes a declared service; and

if the agreement had been entered into immediately after the declaration time, the agreement would have been an access agreement;

If:

an access agreement is varied by another agreement (the variation agreement); and

the variation agreement is in writing; and

the variation agreement is legally enforceable;

It is immaterial whether an access agreement or variation agreement was entered into before or after the commencement of this section.

An access agreement is not a legislative instrument.

A variation agreement is not a legislative instrument.