Extension of declaration expiry date under subsection 152ALA(4)

Overview

The Competition and Consumer Act 2010, enacted by the Australian Parliament, was introduced to address the need for robust competition and consumer protection laws within Australia. One of its purposes is to provide a framework for regulating anti-competitive behaviour and ensuring fair trade practices. Pursuant to subsection 152ALA(4) of this Act, the Australian Competition and Consumer Commission (ACCC) has extended the expiry date for the wholesale asymmetric digital subscriber line service (Wholesale ADSL Service) declaration from 13 February 2022 to 30 June 2024. This extension aims to ensure continued oversight and regulation of this specific telecommunications service, which is crucial for maintaining the integrity and functionality of the telecommunications infrastructure in Australia. The Wholesale ADSL Service, as described in Annexure 1 to this instrument, involves the carriage of communications using ADSL technology over a twisted metallic pair, employing a static Layer 2 tunnelling protocol over a transport layer to aggregate communications to the point of interconnection.

Scope and Application

The Competition and Consumer Act 2010 applies to the conduct of persons and entities engaged in trade or commerce within Australia and across its borders, as well as to the conduct of corporations and other entities that are involved in activities that affect trade or commerce. The Act sets out various prohibitions on anti-competitive conduct and ensures fair trading practices, and its application is not limited to specific industries but encompasses a broad range of activities and transactions. The Act extends to the Commonwealth and all states and territories of Australia, providing a uniform framework for competition and consumer protection. Certain exclusions and exemptions are provided under the Act, including specific provisions for small businesses and certain types of conduct, such as those covered by the Australian Consumer Law. The application of the Act may be extended or restricted through subordinate instruments, which can specify particular industries, types of conduct, or other criteria relevant to the administration and enforcement of the Act. In this context, the Australian Competition and Consumer Commission has extended the expiry date for the wholesale asymmetric digital subscriber line service (Wholesale ADSL Service) declaration under subsection 152ALA(4) of the Competition and Consumer Act 2010, which now applies until 30 June 2024.

Key Provisions

The Competition and Consumer Act 2010, as extended by the instrument C2022G00223, modifies the expiry date of the declaration concerning the wholesale asymmetric digital subscriber line (ADSL) service. Pursuant to subsection 152ALA(4) of the Act, the Australian Competition and Consumer Commission (ACCC) has extended the expiry date for this declaration from 13 February 2022 to 30 June 2024. This declaration, detailed in Annexure 1, pertains specifically to the wholesale ADSL service, which is a type of internet-grade, best-efforts point-to-point service used for digital communications between a point of interconnection and an end-user network boundary. The wholesale ADSL service described in Annexure 1 is supplied using Asymmetric Digital Subscriber Line (ADSL) technology over a twisted metallic pair that connects from the end-user network boundary to the nearest upstream exchange, RIM, or CMUX. It employs a static Layer 2 tunnelling protocol (L2TP) over a transport layer to aggregate communications to the point of interconnection. The definitions provided in the instrument clarify that ADSL technology refers to the protocols and standards outlined in the ITU-TG.992 Recommendations, and a point of interconnection is a physical interface that allows facilities to interconnect as specified in the Competition and Consumer Act 2010. Additionally, an end-user network boundary is the point within the telecommunications network associated with the end-user premise and determined according to the Telecommunications Act 1997. The Act imposes obligations on parties and entities governed by it, requiring them to comply with the extended declaration period for the wholesale ADSL service. This includes ensuring that the service provided adheres to the specified technical standards and operational protocols as outlined in the declaration. The obligations extend to maintaining the service quality and ensuring that the technology and methods used align with the updated declaration until the new expiry date. Failure to comply with the provisions of the Competition and Consumer Act 2010, including adhering to the updated declaration for the wholesale ADSL service, could result in legal consequences. Although the specific offences, penalties, or consequences for breach are not detailed in this instrument, the Act generally allows for both civil and criminal penalties for non-compliance. These could include fines, court orders, or other enforcement actions as deemed appropriate by the relevant authorities. The maximum penalties would depend on the specific nature of the breach and the provisions of the Act under which the offence is charged.