COMPETITION AND CONSUMER ACT 2010
Extension of declaration expiry date under section 152ALA(4)
Variation of declaration in accordance with section 152AO
- Pursuant to section 152AL(4) of the Competition and Consumer Act 2010 (Act), the Australian Competition and Consumer Commission (ACCC) extends the expiry date for the Local Carriage Service (LCS) declaration to 31 July 2019.
Note: the previous expiry date was 31 July 2014.
2. In accordance with section 152AO of the Act, the ACCC varies the LCS declaration. This variation commences on 1 August 2014.
3. The LCS is described and varied in Annexure 1 to this instrument.
Rodney Graham Sims
Chairman
Australian Competition and Consumer Commission
Dated: 16 April 2014
Annexure 1: Service Description for LCS
Service description
The local carriage service is a service for the carriage of telephone calls from customer equipment at an end-user’s premises to separately located customer equipment of an end-user in the same standard zone, however, the local carriage service does not include services where the connectivity between the end-user and the carrier or carriage service provider’s network is provided in whole or in part by means of a Layer 2 bitstream service that is supplied by an NBN corporation.
Definitions
Where words or phrases used in this declaration are defined in the Act or the Telecommunications Act 1997, they have the meaning given in the relevant Act.
In this Appendix:
Layer 2 bitstream service has the same meaning as in the Telecommunications Act 1997;
NBN corporation has the same meaning as in the National Broadband Network Companies Act 2011;
public switched telephone network is a telephone network accessible by the public providing switching and transmission facilities utilising analogue and digital technologies.
standard zone has the same meaning as in Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
telephone calls are calls for the carriage of communications at 3.1kHz bandwidth solely by means of a public switched telephone network.
Overview
The Competition and Consumer Act 2010 was enacted to address the problem of anti-competitive conduct and to protect consumers from misleading or deceptive conduct. The Act was passed by the Australian Parliament and includes provisions to maintain fair competition and consumer protection. One of the mechanisms through which this Act operates is the ability of the Australian Competition and Consumer Commission (ACCC) to extend and vary declarations under specific sections, such as sections 152AL(4) and 152AO. This approach allows the ACCC to adapt to changing market conditions while maintaining the policy objective of ensuring fair competition and consumer protection. In this context, the ACCC has extended the expiry date for the Local Carriage Service (LCS) declaration to 31 July 2019, and has also varied the LCS declaration, effective from 1 August 2014. These changes are intended to ensure that the LCS continues to be appropriately defined and regulated, thereby supporting the overarching goals of the Act.
Scope and Application
The Competition and Consumer Act 2010 (CCA) applies to a broad range of entities and conduct within Australia, seeking to promote fair trading and competition, and protect consumers from anti-competitive behaviour and misleading or deceptive conduct. This Act extends to all sectors of the economy and applies to both individuals and corporations, with specific provisions that target various industries such as telecommunications, retail, and franchising. The Act's jurisdictional reach is national, enforced by the Australian Competition and Consumer Commission (ACCC). In this context, the Act has been utilised to modify the Local Carriage Service (LCS) declaration, extending its expiry date and altering its service description to ensure clarity and compliance with legislative intent. This variation is effective from 1 August 2014, and the updated declaration specifies the scope of the LCS, excluding services provided via a Layer 2 bitstream service supplied by an NBN corporation. The ACCC, as the regulatory body, has the authority to make such amendments through subordinate instruments, thereby extending or restricting the application of the Act as necessary to maintain fair market practices and consumer protection.
Key Provisions
Section 152AL(4) of the Competition and Consumer Act 2010 allows the Australian Competition and Consumer Commission (ACCC) to extend the expiry date for the Local Carriage Service (LCS) declaration, which has been extended from 31 July 2014 to 31 July 2019. Additionally, under section 152AO, the ACCC can vary the LCS declaration, with the variation taking effect from 1 August 2014. The detailed description and variation of the LCS service are provided in Annexure 1 to this instrument. This instrument, dated 16 April 2014, was signed by Rodney Graham Sims, the Chairman of the ACCC.
The Act imposes specific obligations on the parties or entities it governs. The ACCC has the authority to extend the expiry date of the LCS declaration, ensuring that the service standards and regulations remain applicable beyond the initially set date. Furthermore, the ACCC is responsible for varying the LCS declaration to reflect any necessary changes or updates. These variations must be clearly documented and communicated, as evidenced by the detailed service description and definition of terms in Annexure 1. The LCS, as described, pertains to the carriage of telephone calls within the same standard zone, excluding services that involve a Layer 2 bitstream service supplied by an NBN corporation.
The Act also delineates the consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text, it is understood that breaches of the Competition and Consumer Act 2010 can lead to significant legal ramifications. These may include fines, enforcement actions, and other penalties as prescribed by the Act. The exact penalties can vary depending on the nature and severity of the breach, but they are designed to enforce compliance and protect consumer interests.