1Forum may prepare code

1. The Forum may, on its own initiative or if invited to do so by the Commission, prepare 1 or more telecommunications access codes for approval by the Commission.

2. The Commission may issue guidelines to the Forum on any matters relating to telecommunications access codes, including advice on what matters are appropriately dealt with by those codes.

2Requirements for draft codes for designated access services and specified services

1. A draft code for 1 or more designated access services or specified services may only provide for procedures, requirements, and other matters, not inconsistent with this Act, that relate to an aspect or aspects of the supply of that service or those services.

2. A draft code to which subclause (1) applies must—

3. be consistent with applicable access principles and any regulations made in respect of the applicable access principles; and
4. be consistent with the purpose set out in section 18; and
5. comply with the Commerce Act 1986; and
6. not directly provide for the implementation of initial and final pricing principles and any regulations relating to those principles.

3Requirements for draft codes for designated multi-network services

1. A draft code for 1 or more designated multi-network services may only provide for procedures, requirements, and other matters, not inconsistent with this Act, in respect of—

2. the functions that must be performed by a system for determining the service:
3. the standard to which those functions must be performed.

4. A draft code to which subclause (1) applies must—

5. be consistent with the purpose set out in section 18; and
6. comply with the Commerce Act 1986; and
7. not directly provide for the apportionment of the cost of delivering the service between the access seeker and all access providers of the service.

3ARequirements for draft codes for services supplied under registered undertaking

1. A draft code for 1 or more services supplied under a registered undertaking may only provide for procedures, requirements, and other matters, not inconsistent with this Act, that relate to an aspect or aspects of the supply of that service or those services.

2. A draft code to which subclause (1) applies must—

3. be consistent with the purpose set out in section 18; and
4. comply with the Commerce Act 1986; and
5. not provide for any matter relating to the price of the service.

4Forum must arrange referendum on draft code

1. Before a draft code is submitted to the Commission for approval, the Forum must hold a referendum on the draft code.

2. The Forum must take all practicable steps to invite, for the purpose of voting on a draft code, all eligible persons who are, in the opinion of the Commission, affected or likely to be affected by the draft code.

3. The Forum may otherwise determine the way in which the referendum is conducted.

4. All eligible persons who are, in the opinion of the Commission, affected or likely to be affected by the draft code may vote in the referendum.

5. The following persons are entitled to register with the Commission as eligible persons:

6. a person who provides a telecommunications service by means of some component of a PTN that is operated by that person:
7. an access seeker or access provider of—
   1. a designated service or specified service; or
   2. a service supplied under a registered undertaking:
8. any other person whom the Commission determines has a material interest in a draft code because that person is about to become, within the foreseeable future, a person referred to in paragraph (a) or (b).

9. A person entitled to register with the Commission under subclause (4) may be a member of the Forum for the purposes of this Act.

5Draft code may be submitted to Commission

1. The Forum may submit to the Commission a draft code, along with a statement—

2. that identifies the designated service or specified service to which the draft code applies; and
3. that identifies every relevant applicable access principle; and
4. that the draft code meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require); and
5. that either the draft code—
   1. has the support of all eligible persons who voted on the draft code; or
   2. is supported by at least 75% of eligible persons who voted on the draft code; and
6. that identifies any cost implications in relation to the draft code; and
7. that indicates how any cost will be apportioned between eligible persons to whom the draft code applies; and
8. that sets out how the apportionment is consistent with the purpose set out in section 18.

6Commission must consider whether consultation on draft code is needed

1. The Commission must make reasonable efforts to consider whether or not consultation on the draft code is needed not later than 10 working days after the date on which the Commission received the draft code.

2. The Commission need not do any of the things set out in clause 7(1) if the Commission is satisfied that the Forum has—

3. published a notice of the draft code, or caused a notice of the draft code to be published, in the Gazette; and
4. at all reasonable times, made the draft code available for inspection on the Forum's website in an electronic form that is publicly accessible; and
5. included in the notice of the draft code the closing date for submissions, which must not be later than 20 working days after the date of giving the notice in the Gazette; and
6. given to the Commission copies of all submissions on the draft report.

7Consultation process on draft code

1. Immediately after the Commission considers that consultation on the draft code is needed, the Commission—

2. may request the Forum to consult with any person or group specified by the Commission:
3. must consult with every eligible person who has voted against the draft code; and
4. must give public notice of the draft code.

5. A person is entitled to make submissions to the Commission not later than 20 working days after the date on which public notice of the draft code is given.

8Variation of draft code

1. This clause applies if the draft code has been prepared by the Forum under clause 1.

2. The Commission must make reasonable efforts to consider whether or not the draft code meets all of the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require) at least 20, but not later than 40, working days after the closing date for submissions under clause 7(2).

3. If the Commission considers that the draft code does not meet all of the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require), the Commission—

4. must not approve the draft code; and
5. must return to the Forum the draft code, along with the Commission's reasons why the draft code does not meet a particular requirement; and
6. must, if the draft code does not comply with the Commerce Act 1986, advise the Forum that an authorisation granted by the Commission in accordance with that Act is needed before the draft code may be approved under this Act.

7. If the Forum resubmits the draft code to the Commission, clauses 1 to 7 and subclauses (1) and (2) again apply to the resubmitted code.

9When Commission must approve draft code (Repealed)

10Commission's discretion to approve draft code

1. The Commission may approve a draft code if the Commission is satisfied that—

2. the draft code meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require); and
3. all the consultation referred to in clause 7(1) has been carried out; and

10ACommission must refuse to approve draft code in certain cases

1. Despite clauses 9 and 10, the Commission must refuse to approve a draft code if it is satisfied that the draft code deals with a matter that is more appropriately dealt with in—

2. a determination under section 27; or
3. a standard terms determination under section 30M; or
4. a designated multinetwork service determination under section 39.

10BAmendment of draft code

1. This clause applies only if the Commission considers that, because of a change in circumstances, a draft code submitted to it no longer meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require).

2. The Commission may prepare, or request the Forum to prepare, a specific amendment to the draft code to ensure that it meets all of those requirements.

3. If the Commission prepares the amendment, the Commission must—

4. ensure that the consultation referred to in clause 7(1) has been carried out on the amended draft code; and
5. decide, as soon as practicable after paragraph (a) has been complied with, whether to approve the amended draft code under clause 10.

11Expiry of approved code

1. An approved code expires, in whole or part (as the case may be), on the revocation of the relevant applicable access principle.

2. An approved code expires on the revocation or expiry of the designated service or specified service to which the approved code applies.

12Revocation of approved codes

1. The Commission must, on the request of all eligible persons, revoke an approved code.

2. The Commission may revoke an approved code if—

3. requested to do so by 75% of eligible persons who voted on the approved code; and
4. the Commission considers that, because of a change in circumstances, an approved code no longer meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require).

5. Despite subclause (2), the Commission may revoke an approved code if it is satisfied that to do so best gives, or is likely to best give, effect to the purpose set out in section 18.

13Amendment of approved codes

1. An approved code may be—

2. amended in the same manner that it was approved; or
3. amended by the Commission in accordance with clause 14.

14Amendment of approved code initiated by Commission

1. This clause and clause 13 apply only if the Commission considers that, because of a change in circumstances, an approved code no longer meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require).

2. The Commission may request the Forum to prepare a specific amendment to an approved code for submission to it within a specified time.

3. If the Forum complies with the Commission's request under subclause (2), the same procedure that applies to draft codes must be followed.

15Consequences of not complying with Commission's request under clause 14(2)

1. If the Forum does not comply within a reasonable period with the Commission's request under clause 14(2), the Commission may prepare the amendment.

2. If the Commission prepares the amendment, the Commission must—

3. ensure that—
   1. the amendment meets all the requirements set out in clause 2 or clause 3 or clause 3A (as the case may require); and
   2. the consultation referred to in clause 7(1) has been carried out; and
4. approve the amendment as soon as practicable after paragraph (a) has been complied with.

16Status of approved codes

1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

2. an approved code:
3. any amendment of an approved code that is approved by the Commission:
4. any revocation of an approved code.

5. That Act applies as if—

6. the Commission were the maker of an approved code or amendment; and
7. the code or amendments were made by the Commission approving it.

17Commission may prepare code

1. The Commission may, on its own initiative, prepare 1 or more telecommunications access codes in relation to any matter that is not already provided for by an approved code.

2. This clause does not limit clause 1.

3. For the purposes of this clause, the provisions of Part 1 of this schedule (except clause 16), so far as they are applicable and with any necessary modifications, apply to a code prepared by the Commission as if it were a code prepared by the Forum under that Part.

4. A code under this clause, and any amendment or revocation of it, is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).