Rules of conduct about dealings with international telecommunications operators
367 Rules of conduct about dealings with international telecommunications operators
For the purposes of this section, an international telecommunications operator engages in unacceptable conduct if, and only if:
the operator uses, in a manner that is, or is likely to be, contrary to the national interest, the operator’s power in a market for:
carriage services; or
goods or services for use in connection with the supply of carriage services; or
the installation of, maintenance of, operation of, or provision of access to, telecommunications networks or facilities; or
the operator uses, in a manner that is, or is likely to be, contrary to the national interest, any legal rights or legal status that the operator has because of foreign laws that relate to:
carriage services; or
goods or services for use in connection with the supply of carriage services; or
the installation of, maintenance of, operation of, or provision of access to, telecommunications networks or facilities; or
the operator engages in any other conduct that is, or is likely to be, contrary to the national interest.
With a view to preventing, mitigating or remedying unacceptable conduct engaged in by international telecommunications operators, the Minister may, by written instrument, make Rules of Conduct:
prohibiting or regulating dealings by either or both of the following:
carriers;
carriage service providers;
with such operators and with other persons; or
authorising the ACCC to make written determinations of a legislative character, where the determination imposes requirements, prohibitions or restrictions on either or both of the following:
carriers;
carriage service providers; or
authorising the ACCC to give either or both of the following:
carriers;
carriage service providers;
written directions of an administrative character, where the direction imposes a requirement, prohibition or restriction on the carrier or provider, as the case requires; or
requiring:
carriers; and
carriage service providers;
to comply with:
a determination mentioned in paragraph (b); or
a direction mentioned in paragraph (c); or
authorising the ACCC to make information available to:
the public; or
a specified class of persons; or
a specified person;
if, in the opinion of the ACCC, the disclosure of the information:
would promote the fair and efficient operation of a market; or
would otherwise be in the national interest.
Before the ACCC makes a determination, or gives a direction, under the Rules of Conduct, the ACCC must consult the ACMA.
Rules of Conduct are legislative instruments.
A determination mentioned in paragraph (2)(b) is a legislative instrument.
For the purposes of this section, if a person carries on activities outside Australia that involve:
the supply of a carriage service specified in paragraph 16(1)(b) or (c); or
the supply of goods or services for use in connection with the supply of a carriage service specified in paragraph 16(1)(b) or (c); or
the installation of, maintenance of, operation of or provision of access to:
a telecommunications network; or
a facility;
where the network or facility is used to supply a carriage service specified in paragraph 16(1)(b) or (c);
the person is an international telecommunications operator.
In this section:
engaging in conduct has the same meaning as in the Competition and Consumer Act 2010.
foreign law means a law of a place outside Australia.
international telecommunications operator has the meaning given by subsection (6).
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