Trade Practices Act 1974 Class Exemption Determination No. 1 of 2002 (Cth)

TRADE PRACTICES ACT 1974

Determination under subsection 152AS(1)

Class exemption from standard access obligations

The Australian Competition and Consumer Commission under subsection 152AS(1) of the Trade Practices Act 1974 determines that each member of the class of carrier specified below and each member of the class of carriage service provider specified for the purposes of this determination is exempt from the standard access obligations specified below.

1.       Title

       This Determination may be cited as Class Exemption Determination No. 1 of 2002.

2.       Commencement

       This Determination comes into effect on the date that this Determination is notified in the Gazette.

3.       Interpretation

(1)   Unless the contrary intention appears, where words or phrases used in this Determination are defined in the Act, the Telecommunications Act 1997 or the instrument declaring the declared service, those words or phrases have the same meaning in this Determination.

(2)   In this Determination, unless the contrary intention appears –

       Central Business District Area in relation to a city means the exchange service areas that are classified as CBD for the purposes of the ordering and provisioning procedures set out in the Telstra Ordering and Provisioning Manual as existing when this Determination comes into effect.

       declared service means the LCS declared by the Commission as a declared service under subsection 152AL(3) of the Act on 4 August 1999;

       LCS means the Local Carriage Service declared as a declared service and described in Annexure 4 of the Commission declaration under subsection 152AL(3) of the Act dated 4 August 1999;

specified class of carriage service provider means the class of carriage service provider specified in clause 5 of this Determination;

       specified class of carrier means the class of carrier specified in clause 4 of this Determination;

                 Telstra means Telstra Corporation Limited (AcN 051 775 556);

       the Act means the Trade Practices Act 1974.

4.       Specified class of carrier

       The class of carrier which is specified for the purposes of this Determination, is the class of all carriers excluding Telstra.

5.       Specified class of carriage service provider

       The class of carriage service provider which is specified for the purposes of this Determination, is the class of all carriage service providers excluding Telstra.

6.       Exemption

       Each member of the specified class of carrier and each member of the specified class of carriage service provider is exempt from the standard access obligations as they relate to the supply of LCS within the Central Business District Areas of Sydney, Melbourne, Brisbane, Adelaide and Perth.

 [Allan Fels]                                        [Ross Jones]                              [John Martin]

……………………                       ……………………                 ……………………

 Chairperson             Commissioner      Commissioner

Dated:         17/07/2002