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Authorised Conduct - amending Division 16 of Part XIB and Part XIC of the Competition and Consumer Act 2010

Regulation Impact Statement – Department of Communications and the Arts

On 2 December 2015 the Government introduced the Telecommunications Legislation Amendment (Access Regime and NBN Companies) Bill 2015. One element of the bill considers changes to authorisations to NBN Co. to engage in three specific forms of conduct for competition law purposes:

  • restricting interconnection to the NBN to listed points of interconnection;
  • bundling designated access services; and
  • other conduct.

A Regulation Impact Analysis (RIS) was prepared and certified by the Department of Communications and the Arts, and has been assessed as compliant and best practice by the Office of Best Practice Regulation (OBPR). The RIS concludes that the first two authorisations should be retained until the rollout of the NBN is completed, but that the third broad authorisation should be repealed. The RIS notes retaining the two authorisations would not impose additional compliance costs. The OBPR agreed with this assessment.