Part 4AAServices provided using networks developed with Crown funding: Undertakings regime and Commerce Act 1986 authorisations
Commerce Act 1986 authorisations in respect of Ultra-fast Broadband Initiative
156AZCRestrictive trade practices authorisations in respect of participation in Ultra-fast Broadband Initiative
The following are authorised:
- any contract, arrangement, or understanding between the Crown and Telecom that is necessary to give effect to the selection of Telecom as a UFB partner in a particular region or regions; and
- any contract, arrangement, or understanding that is part of the arrangement with the Crown under the UFB initiative in a particular region or regions, under which Telecom or a UFB partner transfers fibre optic network assets to a local fibre company owned partially by the Crown.
The authorisations—
- apply to any contract, arrangement, or understanding that is entered into before the date that is 2 years after this section comes into force as if the authorisations were in force at the time of entry; but
- do not apply to any contract, arrangement, or understanding that is entered into more than 2 years after the date on which this section comes into force.
Despite subsection (2), the authorisations—
- apply to any contract, arrangement, or understanding that is entered into in respect of UFB 2 before the date that is 2 years after this subsection comes into force, as if the authorisation were in force at the time of the entry; but
- do not apply to any contract arrangement or understanding in respect of UFB 2 that is entered into more than 2 years after the date on which this subsection comes into force.
The authorisations must be treated as if they were authorisations granted by the Commerce Commission under section 58(1), (2), (5), and (6) of the Commerce Act 1986.
Sections 65 and 91 to 97 of the Commerce Act 1986 do not apply to the authorisations.
The effect of the authorisations is the same as that stated in section 58A(1) and (2) of the Commerce Act 1986.
Notes
- Section 156AZC: inserted, on , by section 81 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
- Section 156AZC(2)(a): amended, on , by section 41(4) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).
- Section 156AZC(2A): inserted, on , by section 16 of the Telecommunications (Property Access and Other Matters) Amendment Act 2017 (2017 No 16).
- Section 156AZC(2A)(a): amended, on , by section 41(5) of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).


