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 152ALA(4) of the Competition and Consumer Act 2010 (Act), the Australian Competition and Consumer Commission (ACCC) extends the expiry date for the Wholesale Line Rental (WLR) 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 WLR declaration. This variation commences on 1 August 2014.
3. The WLR 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 the WLR
Service description
The WLR service is a line rental telephone service which allows an end-user to connect to a carrier or carriage service provider’s public switched telephone network, and provides the end-user with:
(a) an ability to make and receive any 3.1khz bandwidth calls (subject to any conditions that might apply to particular types of calls), including, but not limited to, local calls, national and international long distance calls; and
(b) a telephone number
however, the wholesale line rental 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 same 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.
Overview
The Competition and Consumer Act 2010 was enacted to address problems and gaps in the regulation of competition and consumer protection within the Australian market. The Act was introduced by the Parliament of Australia with the policy objective of ensuring fair trading practices and protecting consumers from misleading and deceptive conduct, among other things. In 2014, the Australian Competition and Consumer Commission (ACCC), pursuant to section 152ALA(4) of the Act, extended the expiry date of the Wholesale Line Rental (WLR) declaration from 31 July 2014 to 31 July 2019. Additionally, in accordance with section 152AO of the Act, the ACCC also varied the WLR declaration, which commenced on 1 August 2014. These changes aim to ensure the continued regulation and oversight of the WLR service, providing clarity and protection to both consumers and service providers within the telecommunications industry.
Scope and Application
The Competition and Consumer Act 2010 (Cth) provides a broad framework for regulating competition and consumer protection across Australia. This Act applies to all entities, including corporations, individuals, and partnerships, operating within or affecting the Australian market. It governs a wide range of activities and transactions, focusing on practices that may lead to anti-competitive behaviour, misleading or deceptive conduct, and unfair practices that harm consumers. The Act has a national reach, applying throughout all states and territories, and its provisions can be enforced by the Australian Competition and Consumer Commission (ACCC). The Act includes certain exclusions and exemptions, such as small business exemptions from some competition provisions and specific provisions for financial services, real estate, and other designated industries. The application and interpretation of the Act can be extended or restricted through subordinate instruments, such as declarations and guidelines issued by the ACCC. In this instance, the ACCC has exercised its authority to extend the expiry date of the Wholesale Line Rental (WLR) declaration and to vary the description of the WLR service, ensuring that the provisions remain relevant and effective in the evolving telecommunications landscape.
Key Provisions
Under section 152ALA(4) of the Competition and Consumer Act 2010 (the Act), the Australian Competition and Consumer Commission (ACCC) has extended the expiry date for the Wholesale Line Rental (WLR) declaration from 31 July 2014 to 31 July 2019. This extension allows the WLR declaration to remain in effect for a further five years, providing continuity for services that depend on this declaration. In accordance with section 152AO, the ACCC has also varied the WLR declaration, with these variations taking effect from 1 August 2014. These variations, detailed in Annexure 1, outline the service description for the WLR, including its capabilities and exclusions.
The obligations imposed by these provisions on parties and entities governed by the Act primarily revolve around compliance with the updated declaration. Service providers and end-users must adhere to the revised terms and conditions of the WLR service as outlined in Annexure 1. This includes understanding the scope of the WLR service, which provides the ability to make and receive calls within specified bandwidths and includes the provision of a telephone number. However, the service does not cover connections via Layer 2 bitstream services supplied by an NBN corporation, as clarified in the definition section of the declaration.
Failure to comply with the requirements of the Act, including the extended and varied declaration, can result in various legal consequences. The Act stipulates that breaches of its provisions can lead to both civil and criminal penalties. The maximum penalties for contravening the Act can include substantial fines for corporations and individuals, as well as potential imprisonment for serious or repeated breaches. Additionally, the ACCC has the authority to seek injunctions or other remedies to enforce compliance and protect consumers. These provisions underscore the importance of adhering to the legislative requirements to avoid legal repercussions.