2021 Telecommunications non-discrimination guidelines

Overview

We are proposing to update our guidelines for the statutory provisions that prohibit NBN Co and other access providers from engaging in conduct that discriminates between access seekers or in favour of themselves. The proposed guidelines are provided below.

Recent changes to the Competition and Consumer Act 2010 (Cth) (CCA) and the Telecommunications Act 1997 (Cth) (Telecommunications Act) which were made as part of the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 (Telecommunications Reform Package) have prompted the ACCC to update the current Non-discrimination guidelines.

The proposed guidelines are designed to provide a set of high level principles to guide industry as to how the ACCC will consider whether access providers have complied with the non-discrimination provisions under Part XIC of the CCA and Part 8 of the Telecommunications Act.

The consultation paper below outlines the proposed approach for assessing whether conduct is discriminatory and contains questions for consultation.

How to make a submission

Stakeholders are encouraged to upload submissions using the link below. Please refer to the consultation paper document below to provide your views on the consultation questions. 

Alternatively, submissions can be lodged by email to CommunicationsComplianceSection@accc.gov.au.