The national broadband network is a key concept used to define the contracts, agreements and agreements that are governed by this provision. Section 5 of the National Broadband Network Companies Act 2011 defines this as the national telecommunications network for high-speed communications transmission, in which an NBN company, whose definition includes NBN Co, participated in the creation or development of the network. Part IV of the Competition and Consumer Act 2010 (CCA) contains certain prohibitions related to anti-competitive behaviour, including anti-competitive practices, anti-competitive agreements, exclusion clauses and market power insanity. Section 51 of the CCA provides in part that in order to determine whether a person has violated Part IV of the CCA, certain situations must be ignored, including those mentioned in legislation and expressly authorized by statute. Subsection 577BA (9) of the Telecommunications Act 1997 (Law) allows the Minister to establish through a legal instrument that section 577BA (8) applies and has always been applied. , a contract, agreement or agreement between Telstra Corporation Limited (Telstra) and NBN Corporation Limited (NBN Co), as if Telstra had entered into such a contract, agreement or agreement to comply with a structural separation company under Section 577A of the Act. 3.48 In the third revision, Vodafone Hutchison Australia (Vodafone) expressed doubts as to when the ACCC could intervene in the event of disagreement between the industry and NBN Co. Vodafone stated: (c) the conduct of another NBN group to facilitate the first NBN company that implemented a provision of the agreement; CSG`s obligations to teleco retailers may therefore be included, for example, in broadband wholesale agreements between NBN Co and telecommunications companies. ACCAN believes that an appropriate service guarantee from NBN Co as a wholesaler is necessary for CSG to remain a viable consumer protection measure. If such guarantees are not made available to retailers, retail service providers may have no choice but to request exemptions from CSG`s contractual obligations. [47] 3.8 To meet the terms of the Telstra agreement, the review of the SSU and the ACCC`s draft migration plan should be completed by December 20, 2011 or, in otherwise, renewed by mutual agreement. It is very important that the ACCC plays a key role when the industry and NBN do not agree on what to do. For now, it is still being developed.

There is some uncertainty as to when and how the ACCC can play a role. We understand NBN`s view that there should be some certainty as to how the ACCC plays a role, but if there is disagreement, if the industry has new needs and if the NBN does not agree with the way the industry wants to approve, then the ACCC should play a role in monitoring and manufacturing with a focus on competition. , the last tender for the appropriate trade agreement.