Omnibus Repeal Day (Autumn 2014) Act 2014 (109 of 2014)

Schedule 2   Communications

Part 2   Amendments relating to access agreements

Competition and Consumer Act 2010

3   Sections 152BEA and 152BEB

Repeal the sections, substitute:

152BEA Quarterly reports about access agreements

(1) Within 30 days after the end of each quarter, a carrier or carriage service provider who supplies, or proposes to supply, a declared service must give the Commission a written statement setting out details of any access agreement in relation to the service in force at any time during that quarter.

(2) The details that must be given under subsection (1) are:

(a) the parties to the agreement; and

(b) the service to which the agreement relates; and

(c) the date the agreement was entered into; and

(d) the period of the agreement; and

(e) if the agreement was varied during the quarter - the details referred to in paragraphs (a) to (d) and (g) in relation to the variation agreement; and

(f) if the agreement was terminated, rescinded or cancelled before the expiry of the agreement - the date the agreement was terminated, rescinded or cancelled; and

(g) such information (if any) about the agreement as is specified in an instrument in force under subsection (3).

(3) The Commission may, by writing, specify information for the purposes of paragraph (2)(g).

(4) An instrument under subsection (3) (including the instrument as amended) ceases to be in force 5 years after the day it is made (unless it is revoked sooner).

(5) The Commission must publish an instrument under subsection (3) on the Commission’s website.

(6) An instrument under subsection (3) is not a legislative instrument.

(7) The Commission may, by writing, require information in a statement given to the Commission under this section to be verified by statutory declaration.

(8) This section does not limit section 155.

152BEB Commission may request copy of access agreement or variation agreement

(1) The Commission may, by writing, request a carrier or carriage service provider who supplies, or proposes to supply, a declared service to provide a copy of either or both of the following:

(a) an access agreement in relation to the service;

(b) a variation agreement for an access agreement in relation to the service.

Note: The Procedural Rules may provide for the practice and procedure to be followed by the Commission in making a request under this subsection.

(2) The carrier or carriage service provider must provide a copy of the document within 10 days after the day the request was made under subsection (1).

(3) An instrument under subsection (1) is not a legislative instrument.

(4) This section does not limit section 155.