Telecommunications Act 1997

This section applies to a person, on and after the designated commencement date, if:

an eligible service is supplied, or proposed to be supplied, by a person using a local access line; and

any of the following conditions is satisfied:

section 142C applies to the line;

section 143 applies to the line;

neither section 142C nor section 143 applies to the line, and there is in force a functional separation undertaking that relates to local access line services supplied, or proposed to be supplied, using the line.

The person must not, in carrying on any of the following activities, discriminate between the person’s wholesale customers or the person’s prospective wholesale customers:

developing a new eligible service;

enhancing an eligible service;

extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

an activity that is preparatory to the supply of an eligible service;

an activity that is ancillary or incidental to the supply of an eligible service;

giving information to service providers about any of the above activities.

The person must not discriminate in favour of itself in relation to the carrying on of any of the following activities:

developing a new eligible service;

enhancing an eligible service;

extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;

an activity that is preparatory to the supply of an eligible service;

an activity that is ancillary or incidental to the supply of an eligible service;

giving information to service providers about any of the above activities.

A person must not:

aid, abet, counsel or procure a contravention of subsection (2) or (3); or

induce, whether by threats or promises or otherwise, a contravention of subsection (2) or (3); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (2) or (3); or

conspire with others to effect a contravention of subsection (2) or (3).

Subsections (2), (3) and (4) are civil penalty provisions.

Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.